The assertion that consumers' fair-use rights supersede the DMCA is debatable, since the DMCA provides no exemption for fair use, says copyright-law expert Evan Cox, a partner in the Covington and Burling law firm in San Francisco. If DVD X Copy does indeed manage to copy a DVD without breaking CSS, however, it may present "an interesting legal challenge" for anyone who argues DVD X Copy violates the DMCA, Cox adds.

321 Studios is no stranger to controversy. It preemptively sued nine major Hollywood studios to certify that its older DVD Copy Plus software, which transfers movies to CD, does not run afoul of the DMCA.

The MPAA recently responded with a counter suit, which alleges that both DVD Copy Plus and DVD X Copy violate the DMCA. It seeks to halt sale of the products and wants all profits made on sales as recovery of damages. Both cases were unresolved as of press time.

I think issues like this just point to the need for consumers, the entertainment industries and the courts/legislatures to get together and define fair use once and for all. It's definately in the interests of all concerned to come up with a concrete definition and scope of fair use, then enact legislation that covers all of the bases. As I said in a previous discussion on the matter:

Movies I buy a movie and can watch it wherever and whenever I please. If this means porting it to a different format, I am allowed, i.e. DVD to VHS (why, is beyond me, but some people might want to do this) or DVD to computer media formats, as long as I am the consumer of that copy. I cannot copy it and give away or resell the original. I can resell or give away the orignal, providing I also destroy, resell or give away any copies with the original.

In each case, I have bought the right to use the item. It doesn't really matter that the copyright belongs to another corporation or individual, I have paid for the right to be able to use that item. These types of entertainment are reusable for the consumer, so it is irelevant that I can change the format. I am still convered by the purchase of the right to use them. This right is also transferrable, be it by sale or giveaway.

This is an issue that's definately in the interests of all parties to resolve quickly and to the satisfaction of all.