Real files suit against Hollywood studios to keep RealDVD alive

Updated 9:30 a.m. PDT with details on MPAA plans.

Well, that didn't take long. Within an hour of making its new RealDVD software available for sale on its Web site, RealNetworks has filed suit against all the major movie studios and the DVD Copy Control Association. According to Real's press release, the lawsuit "asks the court to rule that RealNetworks Home Entertainment Inc.'s RealDVD software...fully complies with the DVD Copy Control Association's license agreement." Real feels 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, even adds a second layer of DRM). Real claims this method is similar to that used by Kaleidescape, a provider of high-end home media servers. (Kaleidescape's 2007 courtroom victory over the DVD Copy Control Association is cited by Real as the precedent for the RealDVD software.)

A spokesman for Real confirmed that the suit was pre-emptive, but that the company expects that "the studios will be taking action later today."

Indeed, Hollywood sources confirmed that the Motion Picture Association of America plans to file a lawsuit later Tuesday morning asking a federal court to stop RealNetworks from distributing the company's RealDVD software, which the MPAA alleges allows for the illegal copying of films and violates the Digital Millennium Copyright Act. The studios plan to request a restraining order.

Related coverage: DVD ripping goes legit with RealDVD

CNET News' Greg Sandoval contributed to this story.

[Renegade Knight]

Since you don't have to break copy protection to play a DVD it stands to reason you don't have to break it to rip them either.

[umbrae]

You HAVE to break the DRM to rip it. There is no other way. This program removes the DRM to rip it then reapplies another DRM. Otherwise, you would need the "original" DVD in the player to play it: since that is what the DRM restricts.

[Penguinisto]

@unbrae: No, you do not... the CSS decoders in most software DVD players are legit decoders, which means you're not "breaking" DRM, but merely decoding it in accordance with industry licensing - bought and paid for by the player's app maker.

Saving an un-DRM'd copy of the original DVD is not breaking it either, since you're not even invoking CSS when you do rips from the active video stream (frame by frame) to disk. Pretty much any DVD copy utility nowadays makes the copy in this manner precisely due to avoidance of any DMCA violation.

[umbrae]

There was no way this would not have been challenged. The MPAA does not want you to play their DVDs this way. This is why I always questioned the "legal" text they used. More like "unchallenged" or "soon to be challenged".

[mmntech]

Here's a novel idea. Why not go the DRM-free route for movies that the music studios have recently put into practise. The studios don't like RealDVD because they want you to buy their digital copy. I don't like it because it's still DRMed and won't play on all my devices. Lets just admit that DRM has nothing to do with stopping piracy and ban it already.

[honorable1]

Hopefully this will result in a HUGE WIN for the consumer to preserve their 'license' for a lifetime without being extorted to buy endless licenses when the 'media' is damaged. The RIAA and MPAA cut their own throats years ago when they decided to 'license' music/movies. Once you've paid for a license you can watch/listen in perpetuity. Once must only prove that they hold a valid license, which is done with a simple receipt.

If they had allowed a purchase (of the media) instead of a license, along with an agreement that the content could not be 'removed' or 'transferred' from the media on which it resides, then I could see how the RIAA/MPAA might have a case to control - subsequent useage 'rights' like they are trying to do now.

Unfortunately, our Corrupt Congress is in the pocket of these terroristic entities called "companies" and will not stand up for the obvious Fair Use rights guaranteed in copyright law. Instead, they appeal to Corruption again in the form of the latest IP laws that now allow the Terrorists to confiscate your entire PC, All your electronic devices, all your media etc.. anythign that 'may potentially' be used to facilitate 'copyright infringement' whether it IS or isn't actually used in this way. The obvious letter of the law is to go after large scale copyright infrongers who use DVD and CD duplication devices to produce large volumes of pirated material. I can GUARANTEE that this 'limited' enforcement will be used to ruin people whom the RIAA/MPAA doesn't like. I can see it now, small time journalist/blogger etc.. makes a parody video/audio that RIAA or MPAA don't like, and they bankrupt him/her and destroy his/her business by confiscating the 'tools' of their trade in some gestapo, civil rights violating, 4th amendmend 'skirting' action that may take years to resolve. In the meantime, the alleged perp has had all their intellectual property 'stolen' by the terrorists.

It just gets better all the time.

[QuadFather]

The responsibility for users' behavior does not rest with RealNetworks - it rests with the user. Users have the right to backup (insure) their property, and they have the power to steal others' property with or without RealNetworks.

Shoot, if you want to steal movies, why on earth would you use RealDVD anyways, when there are a plethora of programs out there that will do the same thing and completely remove ALL drm?