If you've followed the news lately you will probably know that 321 Studios, creators of the DVDXCopy and XPRESS software, are involved in a legal battle against Hollywood for their software. Tomorrow will be an important day since on this day a federal court will consider the legality of software that enables users to back-up DVD discs:

Judge Illston of the Northern District of California Federal Court in San Francisco will hear arguments on a case involving 321 Studios' DVD backup software. 321 Studios opposes a summary judgment motion from movie studios claiming that the DVD backup software software is unlawful under the Digital Millennium Copyright Act (DMCA).

Championing the public's rights to use and innovate with media, the Electronic Frontier Foundation (EFF) filed a friend-of-the-court brief supporting 321 Studios' constitutional challenge to the DMCA. EFF, along with co-signers Public Knowledge and Computer Professionals for Social Responsibility, argues that tools such as 321's DVD X-Copy, which enables a user to make a personal backup copy or excerpt of a DVD, must be lawful because they are necessary to the public's fair use of digital media.