321 Studios Fights On, With A Little Help From Its Friends

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[W]ith the help of the Electronic Frontier Foundation (EFF), 321 asserts that the DMCA — in particular, section 120 — , which prohibits the circumvention of copy-protection technologyviolates consumers’ fair-use and First Amendment rights by preventing them from making copies of DVD content for educational, critical analysis, and other legitimate functions. For example, if a film studies professor wanted to make copies of several scenes in a particular film for his students to analyze, section 1201 of the DMCA prevents him or her from simply copying those scenes and showing them side-by-side. On the other hand, fair-use precedents allow instructors to do exactly that with commercial VHS content, to say nothing of literary texts, provided they stay within certain limits….

The next stop for the 321 case is the 9th Circuit Court of Appeals.

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