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Studios Try To Halt DVD Copier.

Publication Date: 
April 27, 2009
Daily Journal
Rebecca Beyer 

Director of the Fair Use Project Anthony Falzone is quoted in the Daily Journal in an article about a case brought by film distributors and studios to prevent a DVD copying device from going to market. The movie studios argue the product promotes digital piracy. The Daily Journal writes:

The case is before U.S. District Judge Marilyn H. Patel in San Francisco, who granted a temporary restraining order in early October. RealNetworks, Inc. v. DVD Copy Control Association, Inc., 08-4548, 08-4719.

But since then, a ruling by the U.S. Supreme Court has set a standard of proof that seems to make the job a lot tougher for the studios' lawyers. Shortly after Patel granted the temporary restraining order, the high court ruled in another case that plaintiffs seeking preliminary injunctions must show not simply possibility of harm, but likelihood of harm. Winter v. Natural Resources Defense Council Inc. 2008 DJDAR 16797.

"Traditionally, copyright owners have enjoyed a presumption of irreparable harm," said Anthony Falzone, who directs the Fair Use Project at Stanford Law School. "It will be interesting to see if the court gives studios the benefit of that presumption."