Atari Inc., Electronic Arts Inc., and Vivendi Universal Games Inc. have sued 321 Studios LLC, the developer of a software utility that can be used to copy video games, for allegedly violating the U.S. Digital Millennium Copyright Act (DMCA), the Entertainment Software Association (ESA) said on Tuesday.

The three game companies, all members of the ESA, claimed that 321 Studios' Games X Copy software is illegal because it allegedly violates a DMCA provision that bans software that circumvents copy-protection technology used in game software, the ESA said in a statement. The suit against 321 Studios, which seeks a ban on the manufacture and distribution of Games X Copy, was filed in the U.S. District Court for the Southern District of New York, it said...

Source: MacCentral

As if having the MPAA after you isn't enough, now 321 Studios has the video game industry after them. They better be glad they did not write software that lets you make copes of music CDs, or god forbid VHS tapes.

The video game industry is using the DMCA on this one. Why? Because they can and the DMCA has been used in many other cases. The DMCA is becoming a crutch, it really is. There is one major problem here. The DMCA totally undermines fair use. It severely limits the writes of law abiding citizens. That being said I agree with most of the DMCA, but by no means think it is a great law.

Now I know that 321 Studios software is not being used for law abiding means by everyone. But to be able to make a backup copy of a CD or DVD for when your kid stomps on it or whatnot is a valid reason. I mean this stuff is not getting any cheaper.

You should have bought DVD X Copy and Games X Copy when you had the chance, they have great user interfaces. I think you can still purchase Games X Copy.

There are alternatives out there. DVDBackup, DVD2one, DVD Shrink, Alcohol 120% - just to name a few of the more popular ones. No one is going after them. But they are not a software company that can loose their shirts.

If I buy something I should be able to make a backup copy. Didn't software agreements used to/still say you may make a backup copy of it? What if my $25 DVD or $50 game gets scratched. What if the government is yet again taking away my rights?

Yet again we are all guilty until proven innocent. Or am I the only one who feels this way?

Originally posted at Breaking Windows.