Opening a major new front in the entertainment software industry’s battle against
piracy, leading video game companies today filed a lawsuit to block the trafficking
and sale of software that cracks the copy protection systems used by game makers
to protect their titles from illegal copying, the Entertainment Software Association
(ESA) announced today.

Three ESA members, Atari, Inc., Electronic Arts Inc., and Vivendi Universal
Games, Inc., filed the lawsuit against 321 Studios in U.S. District Court for
the Southern District of New York, contending that 321 Studios’ “Games
X Copy” software is illegal because it violates the Digital Millennium
Copyright Act (DMCA) by circumventing the technological protection measures
used by entertainment software publishers to prevent game piracy.

“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 Douglas Lowenstein, president of the Entertainment Software
Association, the trade association that represents U.S. computer and video game
publishers. “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.”

Games X Copy is the latest in a series of 321 Studios products that violate
the DMCA. Enacted in 1998, the DMCA prohibits the manufacture and distribution
of products or services that circumvent technological protection measures designed
to prevent unauthorized access to and copying of copyrighted materials. 321
Studios was recently enjoined by federal courts in three similar cases for illegally
creating and distributing DVD-copying software.

“Game-copying software like Games X Copy, as well as other circumvention
tools, cause entertainment software publishers irreparable harm,” said
Douglas 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.”

The ESA is the U.S. association dedicated to serving the business and public
affairs needs of the companies publishing interactive games for video game consoles,
handheld devices, personal computers, and the Internet. ESA members collectively
account for more than 90 percent of the $7 billion in entertainment software
sales in the U.S. in 2003, and billions more in export sales of American-made
entertainment software. The ESA offers services to interactive entertainment
software publishers including a global anti-piracy program, owning the Electronic
Entertainment Expo trade show, business and consumer research, government relations
and First Amendment and intellectual property protection efforts.

Filed under: Software

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