DVD Ripping: The Latest on the Legal Front

Here's where we stand today on the legality of DVD ripping: We're not quite sure if it's legal. (Please check back regularly for updates.)

First, a caveat: While so-called "legitimate" manufacturers of DVD-copying products cringe at the term "ripping," that is the jargon for any type of copying, and so we use it interchangeably with the more savory terms: copying, archiving, importing, backing up, and the like.

The "good guys" say that "ripping" is the illegal way of copying DVDs (damn the decryption schemes!) and that "archiving" is the legal way of copying (decryption provisions remain intact). Wikipedia makes no distinction, so we'll use the terms interchangeably unless someone can point to a higher lexicographical authority.

Those who make products that copy DVDs to a hard drive are prone to lawsuits on two fronts:

• DVD Copy Control Association (DVD CCA)
  This organization licenses the Content Scramble System (CSS) for decrypting DVDs. To make legal DVD players that play copyright-protected DVDs, manufacturers must license CSS from the DVD CCA.
  
  The DVD CCA has claimed (in the case of Kaleidescape) that it is a violation of its licensing agreement to make products that enable the copying of encrypted DVDs -- even if the copies are made bit-for-bit, i.e., if the decryption "wrapper" remains intact.
  
  Kaleidescape won round one of the DVD CCA's lawsuit. The courts ruled that a part of the DVD CCA's rules that may have prohibited DVD copying, was not part of the official licensing agreement that Kaleidescape signed. That ruling was overturned and now a court must decide if Kaleidescape does actually violate the CSS licensing agreement.
  
  RealDVD, on the other hand, was found to have violated its CSS license agreement with the DVD CCA.
  
  
• Digital Millennium Copyright Act (DMCA)
  In its "circumvention" provisions, the DMCA prohibits the manufacturing or trafficking of products designed to circumvent measures that protect copyrighted titles.
  
  Most fair-use-loving authorities will concede that DVD rippers that chuck the CSS schemes don't pass muster with the DMCA.
  
  But is it circumvention if the manufacturer makes bit-for-bit copies of copyrighted DVDs? The big studios think it is. Under the auspices of the Motional Picture Association of America (MPAA), they sued RealNetworks for its RealDVD ripping software, claiming violations under the DMCA.
  
  In the most recent decision, an appeals court upheld a preliminary injunction against Real (complete ruling here), meaning it cannot distribute RealDVD until the case concludes. The court concluded that Real violated both contract with the DVD CCA, as well as the DMCA provisions that prohibit the trafficking of anti-circumvention devices.

Below is a compilation of articles from CE Pro, insights from the Electronic Frontier Foundation, and court documents pertaining to DVD ripping and related DRM (digital rights management) issues. The listing will be updated continuously, so please check back.

If you have or know of other useful articles, documents or resources, please email them to .(JavaScript must be enabled to view this email address). Thank you in advance for your assistance.

Disclaimer: While we strive for accuracy, none of the articles and commentaries here or in other CE Pro stories should be construed as legal advice. Please consult with professionals for proper legal counsel.

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Articles, Court Documents, News and Other Resources

8/16/09
Understanding the Kaleidescape and RealDVD Cases
What have the courts really decided on DVD copying, and what are the implications for the future? We debunk the myths about the the two lawsuits and clarify the current legal state of DVD ripping

8/14/09
Kaleidescape: ‘Systems Remain 100% Licensed, Legal’(CE Pro article)
Kaleidescape says next court proceedings "will likely take place in a year or two."

8/12/09
Kaleidescape Loses DVD Ripping Appeal Against DVD CCA(CE Pro article) (Kaleidescape press release)(EFF opinion)
Manufacturer of high-end movie servers may now have to stop making its products.

8/11/09
Court Rules RealDVD Software MAY Violate Copyright Laws(CE Pro article) (RealDVD statement) (Court document) (EFF opinion)
Preliminary injunction bars manufacturing and selling of the $30 RealDVD software.

10/28/08 to Present
Real Networks Litigation Updates
Up-to-date listing of legal documents, articles, etc.

5/14/09
Real Expands DVD Lawsuit, Sues Studios Over Antitrust (CE Pro article) (Court Document)
RealNetworks asks permission to include antitrust violations in its suit against the six Hollywood studios and the DVD CCA

4/28/09
Would Studios Rather We Buy DVD Ripping Products Offshore? (CE Pro opinion)
As studios work to quash legitimate products like RealDVD, offshore providers of DVD ripping software -- like AnyDVD developer SlySoft -- are reaping the rewards.

4/28/09
RealDVD Goes to Court Over DVD Ripping Software (CE Pro article)
Will the DVD CCA's injunction against RealDVD continue? At issue: If someone wants to make a copy of something they own, do they have to pay the studios again?

4/25/2009
RealDVD v. DVD-CCA: The Duel Begins In Earnest (EFF)

4/24/2009
Real Networks Response to motion for preliminary injunction (Court Document)
In an easy-to-read response to the DVD CCA, Real argues how it does comply with the CSS licensing agreement.

3/23/2009
Real Networks' Opposition to Preliminary Injunction (Court Document)
Real's attorneys present an excellent case on why the company should prevail against the DVD CCA and studios -- a good read even if you're not a legal eagle.

10/8/2008
Court Extends Ban on RealNetworks’ RealDVD Software (CE Pro article)
Follow-up hearing will not be scheduled until after November 17, Judge Marilyn Patel says.

10/6/2008
Court Temporarily Bans RealNetworks From Selling RealDVD (CE Pro article)
The temporary ban lasts until Tuesday to give the court a chance to figure out the filings of a lawsuit. The court will then decide to either lift the temporary ban or extend it.

10/3/08
RealDVD Empowers Consumers — NOT
The Copyright Alliance blogs on the RealDVD case.

10/2/2008
Why MPAA Should Lose Against RealDVD (EFF)

9/30/2008
RealNetworks Preemptively Sues DVD CCA, Studios to Allow RealDVD (CE Pro article)
Fearing lawsuits from DVD CCA and Hollywood studios, RealNetworks asks courts to OK RealDVD copying software; MPAA sues back, asks for restraining order.

9/30/2008
MPAA Studios Files Suit against RealNetworks re: RealDVD (PR/statement)

9/30/2008
RealNetworks Files Suit Against Hollywood Studios re: RealDVD (PR/statement)

9/11/2008
Can You Be Sued for Helping Clients Rip DVDs? (CE Pro article)
EFF attorney Fred von Lohmann explains some of the legal issues involved in selling and installing products that enable users to copy DVDs.

9/11/2008
Is Your DVD Server Legal? Manufacturers Say Yes! (CE Pro article)
Developers of movie-ripping products insist their products are legal. Here's how the manufacturers justify their solutions.

9/10/2008
Is DVD 'Ripping' the Same as 'Archiving?' (CE Pro article)
Is the term "ripping" generally understood as the "illegal" form of copying a disk? Likewise, is "archiving" known as the bit-for-bit "legal" way of doing it?

9/9/2008
Latest on DVD Ripping: RealNetworks, Control4, Crestron, Kaleidescape (CE Pro article)
RealNetworks may be the first big-name brand to offer DVD ripping software, as Kaleidescape case is appealed; Escient, Crestron, Control4, Request take different approaches.

12/27/2007
DVD CCA Appeals Kaleidescape Decision on DVD Ripping (CE Pro article)
Organization claims, "The trial court erred in its interpretation of the CSS licensing agreement."

12/19/2007
Escient Says Vision DVD Server Complies with DVD CCA and DMCA (CE Pro article)
Ripped DVDs maintain copy protection; cannot leave the Escient network.

11/1/2007
Kaleidescape's Notice to the Content Protection Advisory Council of the DVD Copy Control Association (PR/statement pdf)

6/21/2007
DVD CCA Aims to Prohibit DVD Ripping Once and For All (CE Pro article)
Kaleidescape, manufacturer of high-end movie servers, beat the DVD CCA the first go-around. Now the organization, which licenses the DVD scrambling system, is fighting back. So is Kaleidescape, with cries of antitrust.

3/29/2007
Kaleidescape Prevails in DVD Ripping Case(CE Pro article)
Manufacturer can continue to make video servers, but Judge did not rule on copyright issues in general.

3/29/2007
Court's Judgment in DVD CCA vs. Kaleidescape (Legal judgment, pdf)

3/21/2007
Kaleidescape CEO: Trial Does Have Fair-Use Implications (CE Pro article)
DVD CCA says lawsuit is about breach of contract; server-maker says digital rights at stake.

3/15/2007
Kaleidescape Faces DVD CCA in Court Monday; Fair Use at Stake (CE Pro article)
DVD CCA wants closed trial; "delusional" that CSS encryption scheme is still trade secret.

3/3/2007
Fair Use Act Would Allow In-Home Content Sharing, not DVD Ripping (CE Pro article)
Fair Use Act of 2007 proposes some exemptions to DMCA, but not the one we want.

8/1/2005
Supreme Court Rules Against Grokster: What it Means to CE Industry (CE Pro article)

1/1/2005
Industry Insider: DVD CCA Is an Innovation-Stifling Cartel (CE Pro opinion)

1/1/2005
Copy Protection Group Sues Kaleidescape (CE Pro article)
Kaleidescape has a license from the DVD CCA to employ CSS decoding in its media servers, which it does. Now, DVD CCA is suing Kaleidescape for breach of contract.