Next battle for control of digital content: RealDVD
The question of whether consumers will be given a legal means to make copies of DVDs could soon be answered in the San Francisco courtroom of U.S. District Judge Marilyn Patel.
On Friday, Patel is set to begin hearing testimony in the RealDVD case. Last year, the Motion Picture Association of America (MPAA) filed suit to stop the sale of RealNetwork's RealDVD software, which enables users to copy DVDs to their computer hard drive.
At the heart of the MPAA's lawsuit, the lobbying group for the six largest film studios, alleges that RealDVD violates the Digital Millennium Copyright Act (DMCA) because it bypasses the copy protection built into DVDs. The DMCA prohibits companies from developing products that circumvent antipiracy protections. Real Networks denies that the encryption technology is ever cracked by RealDVD.
The studios argue that RealDVD technology will enable people to "rent, rip, and return." This is the terms used to describe when someone rents a DVD, copies the content on a hard drive, and returns the movie without ever paying for the unauthorized copy.
Patel's decision in the case could determine whether consumers will be given access to a legal method to copy movie discs. Real says consumers have the right to make personal copies of their DVDs. The MPAA says that consumers don't own the right to crack encryption to make copies.
But not everybody is convinced the film industry's efforts to halt the sale of RealDVD is to stop piracy. Fred von Lohmann, senior attorney for the Electronic Frontier Foundation, notes that there are plenty of software tools available online--none of them legal--that enable people to copy CDs to a hard drive, and the MPAA isn't trying to stop them.
"The real question is if (encryption) hasn't prevented piracy, why is Hollywood still an enthusiast?" von Lohmann asked during a panel discussion on DRM recently. "It has much less to do with stopping piracy. It has much more to do with blocking innovation and preventing technology companies from disrupting business models."
Critics of the MPAA's case against Real allege the film industry is trying to retain absolute control over who builds devices that play movies and who doesn't.
On technology's side?
As for Real, it's unclear whether this is the best company for the pro-technology side to back.
The legal arguments are very similar to a case fought a decade ago between Streambox and Real. But then it was Real that was the being accused of trying to thwart innovation.
RealNetworks filed a lawsuit to block the sale of Streambox products, including the Steambox Ripper, which converted CDs into the popular MP3 format and into Windows Media. RealNetworks alleged in a lawsuit that Streambox had violated the DMCA and copyright infringement laws. Sound familiar?
The difference in those cases, says a Real spokesman, was that Streambox's technology cracked encryption thereby violating the DMCA. In the case of RealDVD, Real maintains that its software doesn't crack any protections. The companies eventually settled out of court with Real receiving monetary compensation.
Patel is expected to hear testimony from each side's witnesses. The only real drama could come when Real's combustible CEO Rob Glazer takes the stand. I'll be filing updates from the courthouse.
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. 





Maybe the deal with the encryption isn't to stop piracy, it's just to stop everyone from doing it. If you know how to do it, it seems insanely easy. But there are a lot of people that wouldn't know where to start if they wanted to copy a DVD now. What if the software was already installed on a new PC like so much other crapware? That would make it accessable and easy for everybody.
Thus you have folks who can't even get what they paid for.
Convert it to watch on your iPod? Sure.
Burn a copy for your kids so they won't mess up the original? Yeah.
Post it online? No. The difference here is that you're now sharing the movie with other people who may not have purchased it. If you give/sell someone your disc (and don't keep any copies), that's okay because you're transferring ownership. Giving copies of a movie to people who didn't buy it qualifies as theft.
Everyone seems to be dancing around the real issue here. If consumers have the right to fair use on any DVD they purchase, then why is it legal to put DRM on the DVDs in the first place? Doesn't that prevent me from exercising my legal fair use rights?
I agree.
What orgs like the MPAA and RIAA don't seem to understand is that this kind of thing only prevents the honest people, and those aren't the ones you're worried about anyway. They'll NEVER win, they'll never stop anything.
The only thing that they'll do is give bored computer enthusiasts a reason to maintain their enthusiasm.
This year's blockbuster film grosses hundreds of millions of dollars (in profit) and yet as a buyer of a DVD copy I can't put it on my ipod legally? BS.
It's nice to think that I can dump a DVD to a media server and allow the kids (or myself) to stream it. No media to destroy (which the kids love to do) and the entire collection is there, on-screen. A guest in my home can look through the collection and see what we have, just like my own personal netflix. With all the movies that we've bought (hundreds of them) and all the CD's (THOUSANDS of them) my family has a considerable investment in entertainment. I feel like:
1. Nobody has the right to tell me HOW I can enjoy the things I purchased; and
2. We were lied to by greedy organizations who *ahem* "encouraged" the public to "upgrade."
Older disc media have claims on the liner notes that tout the indefinite life and flawless playback of new digital media.
Convergence of the digital era's many multimedia technologies is not something anyone is going to stop. We'd be best served to develop a few (not hundreds of) standard formats for media so that devices can be connected and intertwined with relative ease.
I'm holding my breath, by the way...
If all people did was rip movies for their own personal use then none of us would have to deal with DRM. So long as some people are illegitimately sharing movies and music online then we all have to deal with it. Rather then focusing all your anger at the studios who are just trying to protect their assets why don't you focus it towards those individuals who are actively sharing and stealing movie and music?
An analogy to all this would be locks on doors. Why do we have locks on our home and car doors? Most people are honest and would never consider breaking into their neighbors home and stealing their stuff. Yet, because of the small number of people in society that would rip you off, everyone has to deal with locking their doors. Door locks, like DRM, are not 100% effective but they do act as a deterent to crime.
I also like copying my DVDs to my portable media player so I can watch movies when I travel. The DVD/HD-DVD/BluRay are so so "yesterday" and obsolete when it comes to watching a movie and portability. DVD/HD-DVD/Bluray are only a medium to archive/transport data, but they really are limited in today's mobile and home theater designs. They are heading to the same places as all other forms of storage/archive medium...obsolescence. They will have a cozy space right next to Records, floppies, Beta tapes, VHS tapes, LaserDiscs, and others before them.
Personally, I'd rather be watching a movie than spending hours and hours ripping them all to a hard dive. Although I see your point about it being handy, just too much time involved for me to bother with.
Physical DVD/CD/blu discs are not about to die anytime soon. Optical disc media is still the most effective way of mass distribution. While harddrives are convenient for mass storage and 'on-demand' access to everything they do not make good distribution media (like optical discs). Movie studios are not about to start shipping movies on individual harddrives nor is online downloading an effective substitute for everyone. Many people do not have the bandwidth to download multiple 25~50gb blueray movies and what do you do when there is no internet access?
There is something to be said about owning the pyhsical disc versus bits of data on a volatile harddrive. While DVD's and Blu rays may eventually get replaced by some newer type of disc media the need for some kind of disc for distribution is not about to be obsolete anytime soon.
Also if you look at the design of Real DVD they don't allow multi sharring so no quote licensing issues. Why are they hitting Real DVD so hard when there are other companies that make it a lot easier to share or illegeally copy a rented dvd for viewing at any time after they have returned the rented ded. In the past year or so I have seen more releases on DVD that for extra money can purchase a digitial copy. The hollywood people don't want to loose that extra charge for making people pay for a legeal digitial copy. It comes down to greed.
I say let us use real dvd to enjoy our movies with in digital format. Get this lawsuit over and let me use real dvd.
However we have hard drives definitely large enough and the software capability to not need to waste resources on some overjuiced jukebox that will have physical limitations and cost more than people can afford. Does the MPAA want us dumping all our money onto an expensive solution like the above or do they want us to buy the media. The MPAA are fighting a losing battle that they cannot win as there will always be a technological achievement to thwart protection. They believe that a notice can prevent people from copying, but it won't. If you were to bust every person that copied a DVD you would need a whole section of the government just to do it. It is not feasible and is a waste of resources.
MPAA need to stop bleeding money by paying movie stars so much. I'm sorry, but people getting paid more than I will make in my lifetime for one movie that could utterly fail, and we all know of examples, is absurd. Once they cut expenses like these they can then make movies affordable, which will prevent people from pirating. Streaming video from sites like Netflix will help, but there are methods to copy the movie while watching it there too and not everybody has the bandwidth to utilize this method and Time Warner trying to put expensive prices on bandwidth will make this hard to look at positively.
We are in an age where anything can be converted to digital and then be copied. The industry should adapt and find ways to distribute and make up the cost of digital goods with real physical goods.
Real's only problem here is they are trying to profit off of bypassing the MPAA. If Real were to offer a free solution that was a separate download that functioned on its own, I doubt that MPAA would be all over them, but Real won't give away for free what they can charge for and their greed is their mistake.
How much work do YOU do for free?
They want to stop this product because it is from a reputable company and offers ease of use. They fear it will go mainstream (a la iTunes), and completely disrupt their business model before they are ready. The movie studios don't want to end up in the same situation as the record labels.
What they need to do is stop trying to prevent the inevitable, and work toward the future solution. Some companies have started doing this by offering a digital copy of the movie (through an iTunes redemption code) along with the DVD/Blu-Ray.
The studios should distribute media to rental outlets that can not be copied by RealDVD (with RealNetworks's cooperation). Then there would be no Rent,Rip, and Return.
This would allow everyone else fair use of their own bought media/content.
I would also like to see RealDVD enable me to move content to other devices such as cell phone, media players etc -- ultimately this would increase the market -- it makes buying DVDs more attractive.
The more draconian their measures become, the more people look towards piracy. I completely understand the need for them to protect their investments, but you gotta draw the line some where. If I bought it, let me make a damn copy of it. Stop trying to make me buy the movie TWICE just to get a digital copy for my iPod or whatever. The DVDs with the Digital Copy Included always costs about $10 more. Why do I have to pay twice for that?
Wait a second havent i PAID to rent the movie and view it, giving me partial ownership rights to that movie when i paid a partial fee to view it? I havent downloaded the movie and i acquired it legally for viewing and why can I Not make a back up of this movie so I dont have to pay to rent it again if i liked it? If i paid to rent it, i dont see where in my contract with the DVD rental service I cant make a archival copy?
When they charge us for our dreams, then its time to hang 'em.
Since you do this to play a DVD this argument is void.
Craig Knapp
The key difference is that DVD has a copy protection mechanism and CD does not. The way the RealDVD works is a clear violation of DMCA and CSS license. Since CD has no any copy protection, there is no legal issue of making copies of any kind. Copy CD is totally irrelevant is this case.
The argument of this case is NOT about consumer right but the legality of bypassing DVD's copy protection.
Sure, people would not care for the notice. But all the same people break the protection, it's very easy, you don't have to be smart, just download one of scores of available apps that do that.
I think this whole copyright issue is insane. It used to be that unless you sell or mass distribute a copy, you are not violating anything by simply copying what you need. Fair use, whatever, but this is how it was. It's still the same with books - one can go to a library and make a copy of whatever pages you need. Sure they won't want you to copy an entire book, but mostly from the cost viewpoint. Books are free in libraries anyways.
So it must be the same with movies. Sure, online distribution is illegal, but making a copy at home? fine, let them go door to door to police that. I guess you people who agree with MPAA here will really like to have someone knocking at your door checking whether you've made any copies of your DVDs.
All media has copyright and there is a law to protect it. But what makes DVD/BD and alike different from CD, books, and films is that their contents are encrypted with CSS. Only authorized devices can decrypt and playback the content. Any unauthorized means of decryption is a violation of DMCA and CSS lincese. It doesn't matter the strength of the encryption mechanism. The DMCA protects encrypted contecnt, whether it's copyrighted or not. The violation is on unauthorized breaking an encryption of information (media like DVD, communication like email or phone call...)
How many of us have paid more than once for the same movie? And how long this is allowed to last? Now, I believe that it's legal to buy a dvd/hard drive/VHS/... recorder and
then it's legal to use it, i.e. to tape/record a TV show. Or a movie shown on TV. Once this is possible, tell me why would it not be possible to copy a legally bought DVD with the same stuff? If just because it's illegal to break the copy protection of the DVD, then they must be forced to either sell DVDs of old movies with out that protection, or the law has to be amended!
- by maneeshpan1 May 7, 2009 1:17 PM PDT
- The RIAA and MPAA cartels can go to hell for all I care.
- Like this Reply to this comment
-
(50 Comments)They want to control the entire experience when, where and how you listen to music or watch movies. The MPAA has already begun controlling the when and where -- you can only watch newly released movies like X-Men Origins: Wolverine or Angels & Demons which is set to be released May 15th in theaters -- with the exception of a few newly released movies made for DVD like the Disney animated film Cinderella III: A Twist in Time to name 1 such movie released straight to DVD by Disney, or a few movies made directly for TV (Disney Channel Original Movies like High School Musical, High School Musical 2, Camp Rock, Motocrossed, Genius, Halloweentown, Halloweentown II: Kalibar's Revenge, T'Was The Night, The Ultimate Christmas Present etc) fit the made for TV category.
The Disney movie High School Musical 3 (that is the sequel to High School Musical 1 & 2) was made directly for theaters. Usually movies released straight in theaters only are made available to buy or rent on DVD or Blu Ray Disc etc after leaving the theater.
There are different viewing window(s) and the MPAA dictates the rules for each viewing window. A movie cannot be made available by a digital cable or satellite television provider on pay per view until after leaving theaters (usually they come out the same time as a DVD but titles on DVD can generally remain available longer than on pay per view) unfortunately, sales of movies digitally as downloads through stores like Apple's iTunes Store are treated as being part of the same viewing window as pay per view and not DVD which can last longer than pay per view (sometimes even permanently unless the movie studio decides to only release it for a limited time) and when a theatrical movie having left the theater and gone through pay per view and had a DVD release is aired by TV cable networks the movie studios pull the content from digital stores.
Since movies on Apple's iTunes Store have the same window unfortunately as pay per view when this movie airs on TV outside of a pay per view channel (goes to a Video On Demand service or a premium movie channel like HBO or Starz or if TV channels like TNT, USA Network etc air a movie that film gets pulled from digital stores like iTunes) hence movies when released to TV networks get pulled by digital stores that sell the films in downloadable form completely. Also since iTunes has started offering downloadable movie rentals they sometimes alter the movies available for rent and purchase. Sometimes some movies when first released via iTunes are rent only -- then an option to buy it is added but the rental option remains for some more time -- after this time elapses the rental option goes away but is still available for purchase via iTunes for some more time after which the movie is completely removed from iTunes.
Once a movie is made available for purchase on iTunes (even after the rental period ends) it should always be available on iTunes or at least until DVD distribution of the movie ends (if distribution of the film via such a physical medium were to end. However, unfortunately when a movie goes to TV the film gets removed often from iTunes completely.
Quite frankly as a consumer I have tried buying/renting some video content from Apple's iTunes Store initially but because of the DRM (although the DRM is not so restrictive compared to other systems any DRM at all is bad) I have stopped all future iTunes Store purchases of DRMed content.
I can now buy music from iTunes in the iTunes Plus format that is DRM free -- now it is the MPAA's turn to quit DRM.
I like having media free of DRM so I can convert it to suit my fair use needs -- backups and converting a DVD for iPod, iPod Touch and/or iPhone or Apple TV -- conversion to AVI, MOV, WMV, Divx whatever the format is possible when using DRM free media and the movie industry should focus less on restricting content to prevent such conversion and more on making newer and better movies that consumers will want to buy/rent.
So good riddance to the movie industry -- I won't give them and the box office my money for them to hire more lawyers and go after consumers insisting on fair use protections. Copyright should be protected but not at the expense of banning fair use. If I can't have fair use then their products are defective -- why buy a movie on DVD if you cannot exercise fair use -- go screw yourselves MPAA!
I will continue to copy my DVDs and not buy anymore of your content -- won't pay to see your new movies in theaters (so no more box office revenues from me), no more rental revenue thru me, or revenue to you from selling me movies.