Sat, Feb. 07, 2004

DVD Copy Software Banned

SWM - Washington.   The Munich District Court issued an injunction, blog reports, among others, against software producer S.A.D., banning a copy count patch for its DVD copy software, MovieJack. The patch enables MovieJack users to make no more than three copies of copy-protected DVDs. A June 2003 amendment to the copyright statute (Urhebergesetz) prohibits the sale of software designed to circumvent anticopy measures under §95a UrhG. By contrast, § 53 UrhG grants the owner of CDs or DVDs the right to create copies for personal use. S.A.D. argues that there is a need for software to enable users to exercize that right. In its view, three copies would be appropriate under §53 UrhG. It presented a downloadable opinion on the constitutionality of copies for personal use.

The court accepted plaintiff's view. RIAA-like Bundesverband der phonographischen Wirtschaft argued that the right to personal copies exists only for media without copyright protection. S.A.D. announced its intent to appeal all the way to the Supreme Court, in order to clarify the legal issues definitively. Most of S.A.D.s competitors removed any tools designed to circumvent copy protections.

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