Judge keeps RealDVD restraining order in place

(I took a closer look at the "Napster judge" presiding over the case in this story.)

SAN FRANCISCO--RealNetworks on Tuesday failed to convince a district judge to lift a restraining order and allow the company to start selling RealDVD again until she learns from experts, including the court's, how the software functions.

That means RealDVD, which enables users to copy a DVD and store it on their hard drive, is unlikely to reappear in the marketplace for at least another month and perhaps longer. U.S. District Judge Marilyn Patel indicated she wouldn't be available for another hearing until after Nov. 17.

"I am extending the temporary restraining order because I'm not satisfied in the fact that this technology is not in violation," Patel said following the three-hour hearing. "There are serious questions about copyright violations. There are questions about violations of the (Digital Millennium Copyright Act), and violations of these companies' agreement."

Things haven't gone well for RealNetworks' efforts to launch RealDVD. Last week, an hour after RealDVD hit the market, the company filed a preemptive lawsuit against the top motion picture studios. RealNetworks wanted the courts to rule that the software didn't violate any laws.

The Motion Picture Association of America (MPAA) filed its own suit a few hours later and on Friday obtained a restraining order. Hollywood claims RealDVD violates the DMCA by circumventing the anti-copy protections on DVDs to enable consumers to copy movies. The software also violates RealNetworks' agreement with the DVD Copy Control Association (DVDCCA), the group responsible for protecting DVDs against piracy, according to lawyers for the MPAA.

The arguments
James DiBoise, RealNetworks' attorney appeared to get the better of the movie industry early on in the hearing. He told Patel that RealDVD enables consumers to copy a film, store it on a hard drive and does so without cracking any of the copy protections found on a DVD. There isn't anything in the company's agreement with the DVDCCA that prohibited what RealDVD does, he argued.

"There is nothing in the agreement that says a physical disc has to be playing in a physical drive," DiBoise said. "That's not our fault."

The MPAA's attorneys acknowledged that there isn't anything specifically written against what RealDVD does, but they argued that the law requires RealNetworks to stay within the parameters of what the contract authorizes. And what RealDVD does isn't authorized. Bart Williams, the attorney representing the MPAA attacked RealNetworks' claim that the software didn't remove some of the copy-protections.

The MPAA appeared to score points with Patel by pointing out RealDVD enabled consumers to make copies of movies they didn't own. Patel asked DiBoise whether people could make movies they owned and he said yes and it was legal under Fair Use. She asked whether the software allowed people who just rented a film to create and keep a copy. DiBoise responded: "Yes, but to watch it and not do anything else with it."

DiBoise implored the judge to lift the restraining order. He said RealNetworks anticipated that half the revenue RealDVD would generate would come between now and the holidays and that the order was causing serious financial harm to the company. On the other hand, sales of RealDVD wouldn't cause any significant hardship to the movie industry. He pointed out that there were lots of products available on the market that enabled people to rip movies.

Williams disputed this. He told Patel that not only would buyers of RealDVD have the ability to make unauthorized copies of the films they rented but the public would get the impression that this kind of software was legal.

In denying DiBoise's request to lift the restraining order, Patel chided RealNetworks for "rushing to market" before deciding the issues in court first, as the MPAA had suggested they do.

[aka_tripleB]

Why doesn't she just supeana a lawyer from CCA to clearify whether RealDVD violates the contract between the two. Wouldn't that be more reliable than so-called "expert" testimony? Obviously, if the RIAA or RealNetworks pick the experts, they're going to find the one person that will argue for their side.

[sandonet]

Hi aka_tripleB

Sandoval here, the author. The judge did say she wants to hear from her own expert. I should have included that sooner. It's in the story now.

[Lerianis]

You know, it is past time for the CUSTOMERS of this country to get mad, bad, and LOUD with the MPAA and their member companies, and start telling our Congressional leaders that these laws like the DMCA are NOT ACCEPTABLE in the slightest way.

[Penguinisto]

Yeah, right.

As long as the tweeners scream for their Miley Cyrus and Jonas Brothers (or whatever beige-chorded and manufactured "hit" is being pushed this week), and as long as the 'boomers demand to get their warmed-over remakes of '60s and '70s music by the aging wrinkle-rocker set? Pfft! Please. They'll happily prostrate themselves before the RIAA altar.

Movies? Well, same-same. As long as the masses continue to suck down the mediocre and overly-forumulaic pap that Hollywood deigns to distribute? No change there either. We'll all happily yawn and while away the time until someone finally grows a pair and produces a movie that actually engages you, then Hollywood will take that anomaly and happily clone it ad nauseum, until it too becomes about as exciting as television static from a dead channel.


So... until such time as we collectively tell these industries to p!ss off, they'll continue making money, all the while pretending to be the vanguard of intellect and entertainment.

Ain't life grand?

/P

[Imalittleteapot]

Screw it. Real should just release it as uncompiled source code and claim free speech. I don't remember for certain, but I think uncompiled source can be considered free speech. However, even if it isn't by the time it got to court everyone and their mother would have a copy. Then they could just mod it so you could copy it off your HD. It would be even worse for the MPAA. I do it just to spite them.

Real isn't going to make any money off it anyway because MPAA is just going to sue and sue and sue until Real says screw it, we're tired of messing with it. So, just release the source and flick the MPAA off like they deserve.

[remotecaliboy]

I understand the need for copy protecting DVDs, but I've never understood why I can't make a personal copy of a DVD I purchase. Personally, I think it's a scam as DVD media sure seems to be prone to scratches and damage more than VHS ever was. With kids I seem to have to purchase a second DVD of the same title within a few years. If I was allowed to make a copy and use it, I would be much happier. But, I guess the MPAA has to pay for their lawyers somehow.

[e_chappuis]

Well, you should know that unlike some loud mouth-money-makers / Customer-frighteners claim it,

YES, we are entitled to make one safety backup of each of any CD/DVD legally purchased !!!

We bought them, we own them, not the company who made it !!!

It stands as well for creating a backup image of a hard drive containing the OS + installed programes + drivers.

What's not permited is to copy CDs, DVDs for distribution, sale, etc.

[beefeaterbobby]

That's not true. The DMCA prohibits the circumvention of any technological measure intended to protect any material protected by the act. If you could copy a DVD without defeating CSS and any other DRM on the disc I would agree that it's fair use, but you can't, so it's not legal.

[FreddieT]

So RealDVD should be banned on the grounds that it can make unauthorized copies of movies. What's next? All MP3 encoder programs including iTunes and Windows Media Player? Give me a break.

[Devhux]

You raise a very good point there -- iTunes can be used to make a copy of a disc that a friend lends me..... legal? no -- but it doesn't mean iTunes can't be sold.

Heck, make the COMPUTER illegal since it could be used for so many illegal things. Far fetched? Not if you use the same analogy as the MPAA is.

Things is, I want a program like RealDVD -- I plan to build a media server, and if you expect me to be shuffling discs whenever I want to watch a movie, think again.

[magicmaster]

Many products out there already offerred DVD replicate capability for a fee or free of charge. Let RealNetwork and MPAA scuffle while the rest of us continue our lives.

And yes, MPAA is once again pugnacious, or fond of fighting. Guess MPAA needs some old-fashioned disciplines by consumers.

[askgees]

This judge is pathetic; she doesn't seem to even know the law. The digital copy right law clearly states we/you have the right to make a copy of any media for the personal reasons. Movies are no different than music. For this judge to keep the restraining order in place is a violation of the law (she should be disbarred) and it clearly show the courts are not on the side of the law their on the side of business.

[Lerianis]

Exactly right. The DMCA specifically says that we have the right to make a copy of our legally bought discs for backup and INTEROPERABILITY purposes. This falls directly under the 'interoperability purposes' purposely made loophole in the law.

[mectron]

Once the US justice system shows how easy it is for dangerous criminal organisation (such as the MPAA) to just boyout judges and court of laws so one can prevent LEGAL and inovative product from hiting the marked.

When the pathetic US goverment will act to protect its own citizens agains well know crime cartel (MPAA) and shut them down once and for all.

The MPAA serve no legal purpose, it must be disolve right now.

The 26$ Billion/years movie industry DOES NOT NEED HELP from taxes payer money.

The RealDVD software only does what everyone can already do for free. So the MPAA have no case to start with. Since DRM IS illegal, bypassing illegal DRM to enjoy a movie should not be illegal.

Don't be a criminal,each time you buy a DVD, you are directly supporting organise crime (MPAA). Don't buy DVD.

[assetman]

This sure smells a whole bunch like the suit the MPAA filed against 321 Studios over DVD Xcopy that ended up driving them into bankruptcy. It is legal to make one archival copy of your digital media and it is not the responsibility Real or anyone else who creates a program that lets you excersise that right to keep you from violation of Titie 17 including the DMCA by making copies of digital media you don't own. That is your responsibility just like it's not the car manufacturer is not responsible for you speeding or driving drunk.

[cohaver]

IMAPI in Windows is changing the Rules so all these companies that go into Bankruptcy should give there technology to Open source Sooner or latter studios will kill their market and be left coming back begging to be part of a big and New player or Media standard .

[inachu]

I would side with the REALDVD on this but not now that my 500gig hard drive is 99% full already.

[zoetherot]

I'm so sick of this argument. Can't we all go back to torrenting illegal copies of movies and then using off the shelf DVD burning software to transfer them to physical media?

[patch991]

One word .... ANYDVD!

[Seaspray0]

If we applied MPAA thinking elsewhere, then every person who owned a gun would be considered a killer, every woman would be considered a hooker, and every man would be considered a rapist.

[Lerianis]

Hey, on the last thing: some stupid women out there ALREADY think that of all men and even all BOYS, so it isn't a stretch.

[e_chappuis]

Well, we should know that unlike some loud mouth-money-makers / Customer-frighteners claim it,

YES, we are entitled to make one safety backup of each of any CD/DVD legally purchased !!!

We bought them, we own them, not the company who made it !!!

It stands as well for creating a backup image of a hard drive containing the OS + installed programes + drivers, etc.

What's not permited is to copy CDs, DVDs of any kind for distribution, sale, etc.

[honorable1]

Buy ANYDVD and tell MPAA they can rot in H3ll.

[lacykemp]

Hi everyone-
I just wanted to let you know that we appreciate your support.
We will be posting any new information on our press site (http://www.realnetworks.com/company/press/index.html) as well as updates on our company blog (www.realnetworksblog.com).

Thanks,
Lacy from Real

[Penguinisto]

@lacykemp: Coolness. Hope you make it (not holding out too much hope, given precedent and history, but hey - you never know).

Me, I'll be over here watching movies that are worth a damn and skipping the Hollywood/Cannes merry-go-round entirely. Who knows - maybe some day enough folks will get the same idea and we can watch the MPAA and RIAA die a well-deserved death? :)

[Lerianis]

Well, SOME Hollywood movies are good.... however the junk or worse than junk ones are more common today.

[djcrazy-mpls]

LOL! As if there isnt plenty of other software to do this! This company is deserving of such a thing though :)

Real,go way!!

[Anysia]

So one program for ripping DVDs to a harddrive has been blocked. Big deal. There are others, outside of US jurisdiction, that are available. Putting the kybosh on ReadDVD isn't going to put a dent in DVDs being burned to HD.