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September 30, 2008 9:52 AM PDT

MPAA to request injunction against RealDVD

by Greg Sandoval

It's official: Hollywood has asked a federal court for a restraining order to stop RealNetworks from selling its RealDVD software, a technology that enables users to copy films and store them on their hard drives.

The Motion Picture Association of America, which represents the largest film studios, filed a complaint in U.S. District Court in Los Angeles, claiming that "RealNetworks' RealDVD violates the Digital Millennium Copyright Act because its software illegally bypasses the copyright protection built into DVDs."

Representatives of the MPAA, which has also asked for monetary damages, said they hope that the judge will make a decision on the restraining order today or tomorrow.

RealNetworks, the media delivery software company, landed the first blow in this fight when it filed its own lawsuit earlier Tuesday against the studios and the DVD Copy Control Association.

RealNetworks' lawsuit asks the court to rule that RealNetworks' RealDVD software "fully complies with the DVD Copy Control Association's license agreement." Real feels that it has a strong case because its software does not break the DVD's encryption when copying it to the hard drive (and, according to the company, it even adds a second layer of DRM). Real claims that this method is similar to that used by Kaleidescape, a provider of high-end home media servers.

(Credit: RealNetworks)

Kaleidescape's 2007 courtroom victory over the DVD Copy Control Association is cited by Real as the precedent for the RealDVD software's legal case.

The MPAA says the two cases have nothing to do with each other. The lobbying group for the studios argues that the central question is whether RealDVD violates the DMCA, which prohibits companies from developing products that circumvent copy protections.

"RealNetworks' RealDVD should be called StealDVD," Greg Goeckner, executive vice president and general counsel for the MPAA, said in a statement. "RealNetworks knows its product violates the law, and undermines the hard-won trust that has been growing between America's moviemakers and the technology community."

What the studios fear is that the RealDVD technology will enable people to "rent, rip, and return," meaning that people could rent films, copy them to their hard drives, and return the movie without ever paying for an authorized copy.

The MPAA said in a statement that they are making content available on multiple platforms and that it's now easier than ever to obtain films legally. The studios said, however, that they would "vigorously defend our right to stop companies from bringing products to market that mislead consumers and clearly violate the law."

CNET's John P. Falcone contributed to this report.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (18 Comments)
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by mogamer September 30, 2008 10:34 AM PDT
HA! HA!
This is like watching two mentally disabled people fighting each other.

Who in the world would buy this extra-DRM laden software anyway? You can pick up free software that lets you do anything you want.
Reply to this comment
by rkinne01 September 30, 2008 11:39 AM PDT
"What the studios fear is that the RealDVD will enable people to "rent, rip, return," meaning people could rent films, copy them to their hard drives and return the movie without ever paying for the unauthorized copy."

Um, didn't you pay for the movie when you rented it?
Reply to this comment
by Michichael September 30, 2008 11:58 AM PDT
Shh.. That's logic. Logic is bad in the United MPA of America.
by scafeets October 1, 2008 7:02 AM PDT
"Um, didn't you pay for the movie when you rented i"
Try that locig on Hertz next time you rent a car....
by salmon318 September 30, 2008 12:01 PM PDT
I don't quite understand the logic, if I have a Kaleidescape system at home, I can also "rent, rip, return". Tell me, what is the difference?

Movie industry didn't have this fear in the Kaleidescape case because not everyone can afford to buy a Kaleidescape system. This world is so unfair.

I think if RealDVD loses the case, they need to re-visit Kaleidescape case. agree? If RealDVD software violate the copyright law, why wouldn't the software in Kaleidescape system violates the law?

Okay, what if RealDVD package it product as "2U server rack" and sell to consumers just do exactly like Kaleidescape? That maybe that will not violate the copyright law.. LOL.. These MPAA people are so stupid, they don't even understand what the technology is.
Reply to this comment
by sythara September 30, 2008 12:21 PM PDT
Yet recording it on VHS tape is perfectly legal.
Reply to this comment
by benjaminstraight September 30, 2008 12:26 PM PDT
hmm
Reply to this comment
by jafarm66 September 30, 2008 1:22 PM PDT
The MPAA is beginning to sound like the RIAA The RIAA thinks downloading illegal music is bad but you can still borrow a CD from a friend rip and make cd and other methods without downloading illegal music. If the MPAA thinks someone would use the Real DVD software to hold a copy of a movie that they CAN"T burn to DVD they are insane. Sure you can keep it on the hard drive but Hard Drives fail and without a backup copy on DVD you lose it anyway. I'm sure hackers will come thru and break the security on the real dvd software too just like they did on the original DVD's to enable true backups. The only "uncopyable" dvd's are currently BluRay and thats only due to price of the players/recorders and the recording media. There is free software and software costing upto $500 or so (that I know of anyway) that already allows you to rip regular dvds (copy protected or not) and make a dvd backup without trouble. The MPAA should come into the 21st centrury and not make themselves a laughing stock like the RIAA has done.
Reply to this comment
by Benf September 30, 2008 10:24 PM PDT
There is, and has been very inexpensive software avalable to easly and perfectly copy BluRay DVD"S and it has been avalable since day one, the media is too expensive for most people but there are those out there that copy BluRay without a hitch. Even copy a BluRay DVD to a standard DVD.
by paulej September 30, 2008 2:26 PM PDT
"Rent, rip, and return"? Are they insane? There are movies worth having and those that are not. For those that are worth having-- which are few in number for most people-- the vast majority of people would not just want a pirated copy they created to keep and cherish for years; they would want an original in nice packaging. For all the rest, renting through NetFlix, Red Box, or other and watching once is enough. Even if a person did "rent, rip, and return" (boy, this is catchy), what damages were caused? Does this in some way reduce rental revenue or DVD sales? If those movies were transmitted over the Internet, that would be a whole other argument. But, I think the RR&R argument has little basis.
Reply to this comment
by ldtiry September 30, 2008 3:16 PM PDT
Monetary damages??? The product hasn't even released yet.....therefore there are no damages. In fact Real should sue back for all the R & D they've put into their product.
Reply to this comment
by tech_junky48 September 30, 2008 3:28 PM PDT
Welcome to the United Soviets of America, uniting against the common consumer in almost every issue. You can't put your LEGALLY PURCHASED DVD's and music on your computer hard drive without a permit. You can't use online services to get music, and you can have your laptop randomly searched for no reason. Now I will wait quietly as the CIA-KGB comes onto my property to randomly search the laptop I'm using "For the children"
Reply to this comment
by dirty55409 September 30, 2008 3:33 PM PDT
Two words
Slysoft
&
AnyDVD

good thing they're located in cyprus lol off the coast of syria or something
Reply to this comment
by reggimon18 September 30, 2008 3:49 PM PDT
This is ridiculous. I have a Kaleidescape in my home, and basically all I'm doing every time I put a movie or cd on there is putting it on a computer and "circumventing copy-protection."
Reply to this comment
by neo2028 September 30, 2008 4:27 PM PDT
The MPAA is fighting for a lost cause. Just like the industry failed to stop consumers from being able to buy VCRs to record TV programs, they will fail to stop people from using DVDs as they please.

There isn't a massive piracy problem in America like there is in southeast Asia. THAT'S WHERE they should be focusing their attention! So people rip DVDs to watch them on their computers or iPods. Who cares? No one wants to pay extra to watch a movie on their computer when they already OWN the DVD! And so what if some people use the program for the wrong reasons? Just because some users misuse a ripper doesn't mean that other users can't use it for legitimate reasons!

tech_junky48, you HAVE A RIGHT to make a backup copy of any digital media which you OWN. Even though the MPAA and RCIA try to intimidate people, that doesn't mean they can take away your RIGHTS!
Reply to this comment
by Travis Ernst September 30, 2008 5:44 PM PDT
I would NOT want to use a software that adds a trail (extra DRM) if I were to use it to copy a DVD. Neo had it Spot on on people having the right to have a backup.

When I buy a CD I import it to my computer and let the original sit on the rack so I don't do any damage to it. Think the same with DVD's. The problem with DVD's frequently do multi layer burns. Those are VERY HARD to backup.
Reply to this comment
by ev61 September 30, 2008 7:45 PM PDT
Doesn't the RIAA worry about buy, rip and sell? Uh oh, I just let the cat out of the bag...

When can we use what WE purchased on OUR devices?
Reply to this comment
by fibrewire September 30, 2008 11:10 PM PDT
Someday, we as a people will come to understand that trying to patent a particular type of brush stroke, or trademark a common word in any language, or license the use of a simple thought , it is a ridiculous notion. Of course if the powers that be are left unchecked, who is to say that the near future will provide for a small fee, to have the ability to watch an amazing and enlightening spectacle, only to have it expire from our minds the following day...
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