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.
John P. Falcone covers home theater and network entertainment products. He's been writing for CNET since 2002.
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.
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.
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by QuadFather
September 30, 2008 11:45 AM PDT
- 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.
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(7 Comments)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?