Legal battle
Anticipating a lawsuit by the major Hollywood motion picture studios, in April 2002, 321 Studios filed a pre-emptive complaint against eight Hollywood studios contending that the Digital Millennium Copyright Act (DMCA), a law that prohibits the circumvention of copy protection technology, violates consumer rights as provided in the Fair Use doctrine of the Copyright Act of 1976. The Fair Use doctrine provides individuals with limited rights to copy certain forms of copyrighted material. The complaint named MGM Studios, Tristar Pictures, Columbia Pictures, Sony Pictures Entertainment, Time Warner Entertainment, Disney Enterprises, Universal City Studios, The Saul Zaentz Company and Pixar Corporation as defendants.
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use," and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.
In May 2003 seven of the Hollywood studios including MGM Studios, Tristar Pictures, Columbia Pictures, Time Warner Entertainment, Disney, Universal City Studios and The Saul Zaentz Company countersued 321 Studios by filing a series of claims alleging that the DVD X Copy products violated the DMCA.
On February 23, 2004, Judge Susan Illston of the Northern District Federal Court for California ruled that 321 Studios' products violated copyright law and ordered an injunction that prohibited the sale of DVD X Copy products in the United States within seven days of the injunction. 321 Studios proceeded to remove all products from the US retail channel and from the http://www.dvdxcopy.com website. The ruling caused 321 Studios to shut down with the company finally ceasing operations in August 2004.
TiVo Corporation is an American technology company. Headquartered in San Jose, California, the company is primarily involved in licensing its intellectual property within the consumer electronics industry, including digital rights management, electronic program guide software, and metadata. The company holds over 6,000 pending and registered patents. The company also provides analytics and recommendation platforms for the video industry.
The DVD Copy Control Association is an organization primarily responsible for the copy protection of DVDs. The Content Scramble System (CSS) was devised for this purpose to make copyright infringement difficult, but also presents obstacles to some legitimate uses of the media. The association is also responsible for the controversial Regional Playback Control (RPC), the region encoding scheme which gives movie studios geographic control over DVD distribution.
The Digital Media Consumers' Rights Act (DMCRA) was a proposed law in the United States that directly challenges portions of the Digital Millennium Copyright Act, and would intensify Federal Trade Commission efforts to mandate proper labeling for copy-protected CDs to ensure consumer protection from deceptive labeling practices. It would also allow manufacturers to innovate in hardware designs and allow consumers to treat CDs as they have historically been able to treat them.
Ripping is extracting all or parts of digital contents from a container. Originally it meant to rip music out of Amiga games. Later the term was used to extract WAV or MP3 format files from digital audio CDs, but got applied as well to extract the contents of any media, most notably DVD and Blu-ray discs.
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty.
Universal City Studios, Inc. v. Reimerdes was the first test of the Digital Millennium Copyright Act (DMCA), a United States federal law.
The Chamberlain Group, Inc. v. Skylink Technologies, Inc., 381 F.3d 1178 is a legal case heard by the United States Court of Appeals for the Federal Circuit concerning the anti-trafficking provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201(a)(2), in the context of two competing universal garage door opener companies. It discusses the statutory structure and legislative history of the DMCA to help clarify the intent of the anti-circumvention provisions and decide who holds the burden of proof. It expresses that the statute creates a cause of action for liability and does not create a property right, and holds that as Chamberlain had alleged that Skylink was in violation of the anti-trafficking provision, it had the burden to prove and failed to show that access was unauthorized and its rights were infringed under the Copyright Act. As Chamberlain incorrectly argued that Skylink had the burden of proof and failed to prove their claim, the court upheld summary judgment in favor of Skylink.
The Family Entertainment and Copyright Act, Pub. L. 109-9, 119 Stat. 218, is a federal legislative act regarding copyright that became law in the United States in 2005. The Act consists of two subparts: the Artist's Rights and Theft Prevention Act of 2005, which increases penalties for copyright infringement, and the Family Home Movie Act of 2005, which permits the development of technology to "sanitize" potentially offensive DVD and VOD content.
DVD Decrypter is a deprecated software application for Microsoft Windows that can create backup disk images of the DVD-Video structure of DVDs. While it was still supported, it could be used to make a copy of any DVD protected with Content Scrambling System (CSS). The program can also record images to disc — functionality that the author has now incorporated into a separate product called ImgBurn. The software also allows a copy of a region-specific DVD to be made region free. It also removes Macrovision content protection, CSS, region codes, and user operation prohibition, but cannot copy DVDs protected with newer systems such as XProtect.
MacTheRipper is a Mac OS X application that enables users to create a playable copy of the contents of a Video DVD by defeating the Content Scramble System. During this process it may optionally modify or disable the DVD region code or the User operation prohibition features of the copied data. The previous lack of an OS X equivalent to the PC software DVDShrink gave this standalone DVD ripper widespread popularity among Macintosh users.
The "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" was a proposed United States copyright law that would have amended Title 17 of the U.S. Code, including portions of the Digital Millennium Copyright Act (DMCA) to "promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes." The bill would prevent courts from holding companies financially liable for copyright infringement stemming from the use of their hardware or software, and proposes six permanent circumvention exemptions to the DMCA.
The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act (DMCA), a 1998 U.S. law. It has two major portions, Section 102, which implements the requirements of the WIPO Copyright Treaty, and Section 103, which arguably provides additional protection against the circumvention of copy prevention systems and prohibits the removal of copyright management information.
DVD Copy Control Association, Inc. v. Kaleidescape, Inc., 176 Cal. App. 4th 697 is a legal case heard by the California Court of Appeal concerning breach of contract and breach of the implied covenant of good faith and fair dealing. It discusses incorporation by reference regarding a supplemental document that was not part of the written license agreement between the parties. The Court of Appeal reversed the trial court's judgment and ruled in favor of the plaintiff, finding that defendant was bound to the entire contract, including the supplemental document.
RealNetworks, Inc. v. DVD Copy Control Association, Inc., 641 F. Supp. 2d 913 (2009), is a United States District Court case involving RealNetworks, the movie studios and DVD Copy Control Association regarding the Digital Millennium Copyright Act (DMCA) claims on the manufacturing and distribution of RealDVD, and a breach of license agreement. The district court concluded that RealNetworks violated the anti-circumvention and anti-trafficking provisions of the DMCA when the DVD copying software RealDVD bypasses the copy protection technologies of DVD.
321 Studios v. Metro Goldwyn Mayer Studios, Inc., 307 F. Supp. 2d 1085, is a district court case brought by 321 Studios seeking declaratory judgment from the court that their DVD ripping software, i.e. DVD Copy Plus and DVD X Copy do not violate the provisions of the Digital Millennium Copyright Act ("DMCA"), or, in the alternative, that the DMCA is unconstitutional because Congress exceeded its enumerated powers, these provisions are unconstitutionally vague and/or violate the First Amendment.
Warner Bros. Entertainment v. WTV Systems is a 2011 copyright infringement case decided in United States District Court, C.D. California.
Columbia Pictures Industries, Inc. v. Fung 710 F.3d 1020 No. 10-55946, was a United States Court of Appeals for the Ninth Circuit case in which seven film studios including Columbia Pictures Industries, Inc., Disney and Twentieth Century Fox sued Gary Fung, the owner of isoHunt Web Technologies, Inc., for contributory infringement of their copyrighted works. The panel affirmed in part and vacated in part the decision of United States District Court for the Central District of California that the services and websites offered by isoHunt Web Technologies allowed third parties to download infringing copies of Columbia's works. Ultimately, Fung had "red flag knowledge" of the infringing activity on his systems, and therefore IsoHunt was held ineligible for the Digital Millennium Copyright Act § 512(c) safe harbor.
VidAngel is an American streaming video company that allows the user to skip distasteful content based on user preferences regarding profanity, nudity, sexual situations, and graphic violence.
