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'Ripper' software circumvents DVD ruling

By Barry Fox

27 February 2004

A US company selling software called DVD X Copy which bypasses copyright protection mechanisms on DVDs has complied with a Californian court order to rid the software of its “ripper”.

Since the court ruled the software illegal seven days ago, 321 Studios of St Louis, Missouri changed DVD X Copy on its web site to a sanitised “ripper-free” version which cannot copy a copy-protected DVD.

When the new sanitised version is asked to copy a protected DVD it gives a “CSS Error Message”.

Copies of DVDs can be made by defeating the digital Content Scrambling System (CSS) encryption, which is supposed to protect DVDs from digital copying.

The case clarifies ambiguities in the US Digital Millenium Copyright Act which although stating that any “device” designed to “circumvent” a copy-protection mechanism is illegal – also includes a get-out clause for “fair use”. 321 Studios had hoped this clause would include making back-up copies of DVDs for personal use.

Software which defeats CSS to copy DVDs, so-called ‘rippers’ are freely available on the internet. One such program called DVD43 is very small, less than 600 KB, and can be downloaded on to a PC from a variety of sites in a few seconds.

DVD43 automatically removes CSS when a DVD is inserted in a PC so the DVD appears to the computer as a DVD without copy-protection. DVD X Copy – and other legal ripper-free software – can then copy a protected DVD.

Injunction order

But Ted Shapiro of the General Counsel for the Motion Picture Association in Brussels says: “We are concerned about ripper software available for free on the internet. Despite the lack of profit motive, the damage should not be underestimated.”

321 Studios has pointed out the options to users. When the CSS error message appears on DVD X Copy, the user is directed to 321’s website, which explains: “if you reside in a country where you have a lawful source of DVD ripper software, you may be able to download, install and use it”.

“We fully comply with the injunction order”, Rob Semaan, 321’s chief executive told New Scientist. “The judge’s ruling does not affect whether individuals may use our products, or any other means, to back up DVDs. The ruling concerned only how we sell our products. ‘It is the technology itself at issue, not the uses to which the copyrighted material may be put’, the Judge explained.”

The issue of free ripper software will now be raised in the European Parliament when it debates the Copyright Enforcement Directive in the ten days.

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