Upstart isn’t taking any chances with the DMCA. It filed a complaint asking the court to OK its product ahead of time.

See the CNET article by Lisa Bowman:
Upstart seeks court OK for DVD

In a pre-emptive strike to stave off the wrath of the movie industry, a small software company is asking a federal judge for permission to sell and market its product for copying DVDs.

In a complaint filed Monday in federal court in San Francisco, 321 Studios asked the court to declare that its DVD Copy Plus program does not violate the Digital Millennium Copyright Act.