The games industry is poised to launch an aggressive anti-DVD copy software drive, with some of the biggest names in the sector targeting programs which, it has been claimed, are widely used to copy DVD-based game discs.
Under the banner of the ESA (Electronic Software Association) Atari, Vivendi Universal Games, and Electronic Arts have moved against 321 Studios’ Games X Copy utility claiming that it purposefully targets illegitimate users, in contravention to the Digital Millennium Copyright Act (DMCA)
"Masquerading as a consumer friendly tool, 321 Studios' software is, in truth, really nothing more than a device to facilitate the illegal copying of games," said an outspoken Douglas Lowenstein, president of the ESA. "Federal law makes it clear that it is illegal to manufacture, distribute, or sell devices or programs that circumvent technological protection measures built into video games. That's exactly what 321 Studios' Games X Copy does, and we fully expect the court to grant our request to ban this product."
However, this does leave the legitimate DVD software industry holding its breath somewhat. If the 321 case sees the software in question banned, similar suits, filed against less obvious targets, will certainly follow. This news also comes in the wake of 321 Studios losing similar cases filed by the motion picture industry.
"Game-copying software like Games X Copy, as well as other circumvention tools, cause entertainment software publishers irreparable harm," continued Lowenstein. "The creation and distribution of video games involves tremendous investments of time, resources, and creativity, with a typical top video game costing an average of $5 to 10 million to create and market. Video game copyright owners stand to lose an enormous amount from the piracy enabled by products like Games X Copy."