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321 makes and sells DVD-copying software products capable of activating Macrovision's patented Analog Copy Protection process, according to Macrovision, without license or authorization from Macrovision. In these cases, 321's products allow users to make new unlicensed DVD disc copies that contain Macrovision's patented ACP. On playback, such discs trigger the patented ACP methods within licensed DVD players. In addition, depending on the particular product and version used, 321's DVD-copying products can either prompt users to disable ACP or automatically disable ACP without prompting the user, Macrovision says. The suit charges that 321 therefore violates both Macrovision's patents and the DMCA, which prohibits bypassing of copy protection mechanisms. The DMCA specifically recognizes Macrovision technology as a broadly adopted copy protection system that cannot legally be bypassed. Macrovision holds all rights, title and interest in and to a number of U.S. Patents that cover the Macrovision ACP methods and apparatus, including U.S. Patent No. 4,631,603 "Method and apparatus for processing a video signal so as to prohibit the making of acceptable video tape recordings thereof" and U.S. Patent No. 4,819,098 "Method and apparatus for clustering modifications made to a video signal to inhibit the making of acceptable videotape recordings." www.macrovision.com
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