DVDFab argues U.S. copyright laws don't apply worldwide - tried to settle

DVDFab today responded to the injunction the company received from a court in the United States. The company argues that the U.S. copyright laws don't apply worldwide and the documents show the company tried to settle with the AACS-LA.

The injunction allowed the AACS-LA, which develops a Blu-ray copy protection circumvented by DVDFab, to send out orders to companies providing services to DVDFab, asking them to cease to work for DVDFab.

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The response to the injunction was posted by TorrentFreak and contains a response by a person called Fengtao or Frank which makes clear the actual identity of the DVDFab owner remains a secret to the AACS-LA. First DVDFab asked the U.S. court to invalidate the injunction and when it became clear that would not be possible, DVDFab asked to amend or modify it.

The company argued that the injunction should not apply to products not circumventing the Blu-ray copy protection developed by the AACS-LA and that the U.S. copyright laws don't apply worldwide.

DVDFab also contacted the AACS-LA, the document states, "A person identifying himself only as “Frank,” potentially the registrant for DVDFab.cn, frankosee@hotmail.com, contacted AACS-LA’s counsel purportedly to discuss settlement terms.  When asked, Frank refused to provide any further details of his identity except to say that he was not an attorney and that he was calling from China."

During the call DVDFab tried to settle by proposing to delay the release of circumvention of new movies by three weeks. The document states about this, "Frank said that DVDFab was the largest circumventions software maker and it could align all other major circumvention software makers to allow AACS-LA a one to three weeks exclusivity delay on introducing circumvention software in exchange for AACS-LA restoring the DVDFab Websites and business. Frank stated that if AACS-LA refused the deal, DVDFab Defendants would distribute the software for free, thereby rendering AACS-LA irrelevant."

In other words, DVDFab would not release updates of their software to circumvent the copy protection of movies for three weeks after their release. This means a lot of people would not be able to make a backup or copy of the movie and would be more likely to buy the movie.

Unfortunately for DVDFab the AACS-LA was not interested and it will continue to send out orders based on the injunction, a judge will have to rule which party is right.

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