Kaleidescape Loses DVD Ripping Appeal Against DVD CCA
One day after a preliminary injunction was imposed on RealNetworks' RealDVD software, a California appeals court overturned a previous ruling that may now force Kaleidescape to stop making its movie servers that copy and store protected DVDs onto hard-drive servers.
Both cases say the manufacturers are bound by the entire Content Scramble System (CSS) licensing regime, which prevents duplicating DVDs.
Kaleidescape was accused in 2004 by the DVD CCA, which licenses the CSS for DVDs, of breaching a contract by creating its movie servers. Kaleidescape argued that there's no language in the DVD CCA that prevents developing products that copy DVDs.
Judge Leslie C. Nichols agreed with Kaleidescape in March 2007, finding that there was no breach of contract. After the DVD CCA lost the first battle, it wanted to add the following amendment to the licensing agreement requiring a DVD be present during playback. Here's the statement:
6.4. Certain Requirements for DVD Products. DVD Products, alone or in combination with other DVD Products, shall not be designed to descramble scrambled CSS Data when the DVD Disc containing such CSS Data and associated CSS Keys is not physically present in the DVD Player or DVD Drive (as applicable), and a DVD Product shall not be designed to make or direct the making of a persistent copy of CSS Data that has been descrambled from such DVD Disc by such DVD Product.
The DVD CCA appealed the March 2007 decision, however, and on Wednesday the two-year-old ruling was overturned.
"The Appellate Court recognized what we have maintained all along, Kaleidescape had agreed to a complete contract that mandated certain requirements with which devices must conform in order to be Content Scramble System (CSS) compliant. We look forward to returning to the trial court to obtain an injunction requiring Kaleidescape to comply with its contractual obligations under the CSS license agreement and specifications."
The case will be sent to the Superior Court in Santa Clara County in California to be re-examined. If Kaleidescape is found guilty, an injunction could be imposed to ban production of Kaleidescape's products.
DVD Ripping: The Whole Picture
![]() | Kaleidescape vs. DVD CCA: Judge Rules Against Movie Servers Tentative ruling in landmark DVD-copying case says Kaleidescape knew its movie servers might be in violation of DVD CCA licensing agreement that prohibits copying of DVDs. DVD Ripping: The Latest on the Legal Front This compilation of articles on the legality of DVD ripping, and related fair-use cases, will be updated continuously. Understanding the Kaleidescape, 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. Is DVD 'Ripping' the Same as 'Archiving?' 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? Can You Be Sued for Helping Clients Rip DVDs? EFF attorney Fred von Lohmann explains some of the legal issues involved in selling and installing products that enable users to copy DVDs. Is Your DVD Server Legal? Manufacturers Say Yes! Developers of movie-ripping products insist their products are legal. Here's how the manufacturers justify their solutions. Copy Protection Group Sues Kaleidescape (2005) 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. Would Studios Rather We Buy DVD Ripping Products Offshore? As studios work to quash legitimate products like RealDVD, offshore providers of DVD ripping software -- like AnyDVD developer SlySoft -- are reaping the rewards. Industry Insider: DVD CCA Is an Innovation-Stifling Cartel (2005) The DVD Copyright Control Association (DVD CCA) is a bunch of bullies. The organization manages to coerce all manufacturers of DVD players to sign away their rights to innovation. | |
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36 Comments (displayed in order by date/time)
@ Berg, I think you need to review the processes and understand what is going on here. Kaleidescape (ARQ & Escient)are closed environments (Kal more so than others), they don’t require you to use a 3rd party software which leaves the content stripped of it’s CSS / copy protection. While it’s not impossible to copy content off of their system (or any), it is so difficult to do so, then have a relevant copy capable of playback that there is no payoff.
The focus should be on Windows and Apple which enable the masses to rent Net Flix and rapidly copy movies and leave behind vulnerable files which are quickly and forever duplicable (sorry if that’s not a word). Net Flix should be doing something to prevent this.
The issue here isn’t copyright- it’s copy responsibility…
Hi Joel,
People have been duping since the printing press. This isn’t new.
The only thing that has changed is the massive scale and ease of the digital formats. That I don’t have an answer too.
But I do know that sticking the screws to me (the paying consumer) isn’t one of those ways.
@ Mark, I think we are on the same side of this- I’ll elaborate. Allow liscencable software and then only the criminals with criminal intent (distribution with out renumeration to the original copyright holder) will be in violation.
I well understand that this has been an issue since, and before the press were invented. How many monks and clerics would be put in jail today
for translating to various languages? This is the way they want it- pay for english, pay for spanish, pay for latin, pay for 640 x 480, pay for 1920 x 1080, pay, pay ,pay.
So again, I think the issue isn’t copyright- it’s copy responsibility. We need to (as an industry)
show that their rights are as important as ours.
Movie providers must rightly worried about people selling Kaleidescapes and the like with movies already loaded as an incentive.
No I’m not in the movie industry - if DVDs/BDs went straight to chapter 1 I wouldn’t be ripping them myself (especially Disney for the kids).
Forcing everyone to watch a time wasting “boogieman will get you” FBI warning each time is a sign of desperation IMHO when a barely conspicuous “Copyright 2009” is sufficiently legal. Freaking annoying too.
It’s funny how everyone wants to complain about how unfair this is, and just continue to beat a dead horse. The reality is that nobody cares about what you think is right, how you feel you should be able to handle your content, or what is fair or unfair. All of your complaining will result in nothing, so if you have a strong opinion put your money where your mouth is and file a law suit against those that you feel our wronging you. After all, hasn’t that become the American Way?
In regards to Kaleidescape. They are going to be stuck in this legal battle for another couple of years and during that time downloadable media will take over and since Kaleidescape has pissed off those who would give them that ability they will become the best, most expensive piece of outdated technology available for sale. That is of course if their contracts don’t expire before hand in which case they will likely not be renewed or that they don’t run out of money with all of the legal fee’s.
Now the sad thing is that I love the Kaleidescape products. They are the most intuitive, trouble free, best products in our industry. The problem is they are so stuck on being right that they don’t seem to have planned for the future. What does the next 5 years look like? DVD? No way! Blu Ray? You don’t support it and it’s still a disc. Downloadable Media? Absolutely, and how are you going to make nice with those in your law suit so you can have this capability? How are you going to differentiate yourself from the media center tv’s, apple tv’s, and other boxes of the world that have more marketshare than you and sell for under $500?
You have a long road to travel. Best of luck to you!




@ Joel
Agreed. Problem is that all this DRM hasn’t stopped the pirates and only alienated the legitimate user.
Being in software development I under stand both the rights holder and customers side of things.
DMCA/DRM/Copyright have all slewed in favor of corporate interests and left the honest consumer swaying at the end of a noose.
Remember these mechanisms are only illegal because a law says they are. Doesn’t mean it’s right, just illegal. My personal stance is to do this as a form of civil disobedience. I pay for my content. I am not out there making it available. Yet I am treated like a criminal every time I put a dvd in to watch it. THAT is what is truly messed up.