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321 fights DVD copier lawsuit

by Dinah Greek

23 Oct 2003

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US software company 321 Studios has submitted its response to legal action which aims to stop it selling its DVD back-up software in the UK.

321 declared that it will fight the Warner Home Video lawsuit "all the way", and is facing similar lawsuits from seven major film studios in the US.

Rob Semaan, chief executive at 321, said in a statement: "The [UK] lawsuit mirrors similar actions in the US. Once both sides have eventually clarified all questions, the court will set a timetable for the case.

"We believe we have a solid argument, and that our customers have the right to make back-ups of legally purchased DVDs for their own personal use.

"We will fight it all the way, and are certainly not prepared to take it lying down or shut up shop and go away."

The lawsuits are part of the entertainment industry's bid to combat piracy, which it claims is aided by software such as 321's.

But 321 insists that consumers making a back-up copy of a CD or DVD is not piracy, and claimed that it is impractical and economically unrealistic to use its software for piracy.

It takes on average an hour to make a back-up copy using the software, whereas a person intent on piracy can make multiple copies in a fraction of that time.

321 also pointed out that other copying software is freely available online, and the company states that copied films are for home use.

Additionally, 321 explained that a four-stage safeguard is incorporated to prevent piracy, including an unalterable digital stamp which creates a 'fingerprint' that is traceable back to the point of purchase.

UK users can still buy the software and the case is likely to be drawn out if the ongoing US case is any indicator.

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