321 Studios makes software that allows users to unlock the encryption codes on Hollywood DVDs and make copies on their home computers. The studios sued, saying the software violates the Digital Millennium Copyright Act. 321 Studios argues that enabling rightful owners of DVDs to make backup copies is a "fair use" under copyright law. U.S. District Judge Susan Illston of the Northern District of California heard oral argument on a summary judgment motion in the case today. Though she appeared to be leaning toward the studios, she managed to throw a few curve balls into the mix, The Recorder reports here.