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Latest on DVD Ripping: RealNetworks, Control4, Crestron, Kaleidescape

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.


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RealNetworks claims its RealDVD ripping software is legal. We’ll see.

RealNetworks is causing quite a stir with a new DVD ripping program called RealDVD.

Big deal? The software appears to be the first from a studio-friendly, name-brand provider, and the company claims it is entirely legal.

From the RealDVD FAQ:

Is it legal to save movies with RealDVD?
Yes, provided that you are the owner of the original DVD and you use your saved copy solely for your personal use.

I'm not sure where this stipulation comes from – certainly not the DVD CCA (Copy Control Association), which licenses the decryption software to RealNetworks for DVD playback.

Even so, RealNetworks says it is abiding by the DVD CCA's licensing mandates because the ripped DVDs maintain their copy-protection wrapper (and, by the way, everything else about the DVDs including the extras).

Kaleidescape Part II


Sounds a lot like Kaleidescape, which has been in and out of court with the DVD CCA on this very same matter.

Kaleidescape, developer of very-high-end media servers, prevailed in the last hearing, but the DVD CCA thinks the ruling didn't prove anything. Rather, it was merely a contractual technicality.

There is a vital DVD CCA document called the "CSS General Specifications." Apparently, that's the piece that stipulates a physical DVD must be present in a DVD player in order to play protected content.
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Kaleidescape, which signed that document after agreeing to the DVD CCA's "Technical Specifications" and paying a licensing fee, argued that the CSS General Specifications are not part of the original licensing agreement to which the company is bound.

The court agreed. The DVD CCA is appealing.

So I'm wondering: Did this technicality occur in the case of RealNetworks, too?

DVD Ripping Developments in the CE Channel


The subject of DVD ripping is heating up, as evident at CEDIA Expo 2008.

Escient, a pioneer in the CD-ripping and management category, finally released its Vision series of DVD management products.

Originally, Escient skirted the hairy DVD copyright issues by not allowing users to rip DVDs directly to its servers. Rather, DVDs would have to be ripped to a PC, and then copied to the Vision hard drive.

In the shipping version of the product, though, "Vision will in fact support direct import of encrypted DVDs maintaining all of the DVD’s original content and CSS encryption," says product manager Marty Wachter. "Vision also applies the extra step of further encrypting the copy on the Vision hard drive so that if in the unlikely event that someone were to hack it, they still can’t copy the DVD’s off the drive and play or distribute them."

Like Kaleidescape, Escient believes that "extra encryption" mechanisms will insulate the company from DRM lawsuits.

Other manufacturers think they're litigation-proof because, theoretically, they're not doing the decrypting.

Fuze Media, for example, originally ignored the issue of DVD ripping with its Media Center-based servers. "We felt there were adequate solutions for getting DVDs onto the system, so we left it alone for DRM purposes," says VP of marketing and sales Bob Silver.

But customers wanted a more seamless way of integrating DVD libraries into Fuze's media manager, so now Fuze offers a ripping solution that works in conjunction with AnyDVD software from SlySoft (sold separately).

This approach provides an easy solution for consumers, Silver maintains, while insulating Fuze from copyright-protection issues.

AnyDVD, he says, "resides in the background of the computer and decrypts any type of encrypted DVD that you put in the computer. Our software sees the DVD as an unencrypted DVD and imports it without any type of encryption."

He adds, "We're not unencrypting DVDs; AnyDVD is. We're clean."

Axonix and the now-defunct Xperinet have taken similar approaches with their movie servers. Neither has had licenses with the DVD CCA.

They rely on users to install their own DVD decryption software, which keeps them immune from CSS-related litigation, so they claim.

On the other hand, Fusion Research proudly touts its CSS license and the fact that users need not download their own decryption software to rip DVDs.

AMX, which also has a CSS license from the DVD CCA, works similarly to the Kaleidescape and Fusion servers. In the past, the company has skirted DRM discussions by claiming that its products are used primarily for commercial digital signage applications, where users develop their own content.

Crestron and Control4 are bypassing the issue altogether by not allowing users to rip DVDs directly to their servers.



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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Article Topics

News · Product News · Slideshow · Video · Media Servers · Events · CEDIA · Digital Rights · Legal · Media Center · Digital Rights · Media Server · Media Center · Legal · All topics

About the Author

Julie Jacobson, Editor-at-large, CE Pro
Julie Jacobson is co-founder of EH Publishing and currently spends most of her time writing for CE Pro, mostly in the areas of home automation, networked A/V and the business of home systems integration. She majored in Economics at the University of Michigan, earned an MBA from the University of Texas at Austin, and has never taken a journalism class in her life. Julie is a washed-up Ultimate Frisbee player with the scars to prove it. Follow her on Twitter @juliejacobson.

22 Comments (displayed in order by date/time)

Posted by EJ Feulner  on  09/12  at  03:03 AM

If the DVDCCA, MPAA or other movie industry strong-arm dinosaurs ever actually start suing end users of these products, I wonder if they will include Spielberg, Bruckheimer, Cruise, Hanks, Afflack, Damon and a host of other hollywood Kaleidescape system owners in their suits?

Posted by Joel DeGray  on  09/12  at  12:09 PM

Patrick,

Not being an attorney myself, I would agree with you.

There are solutions though which can protect the copyright of the content while at the same time allowing the consumer an improved experience and greater access to their legally purchased content.

Archive Formats exist which can make the immediate playback of a file on any other system impossible with out a lengthy conversion process, making it just as costly to “steal”. This would mitigate infringement, require no circumvention and use the current playback licenses offered upon playback.

The data could be safer in a media server than it is on the disk…

Posted by robruffo  on  09/13  at  12:02 AM

>>> Answers below:

“… a DVD, is sold at a price of $10/$20/$30 not $3.” Precisely, and much of this DVD price goes to the retail channel and distributors that serve it, not the studio nor its artists. 

>>  Actually, This is true.

DVD retailing adds very little, if any, value to the end user’s experience.  Yet it persists, due mainly to an inertia set in motion in 1997 before technology enabled far better ways of distribution.

>> There’s more here than that.  For one, who wants a download as a gift - you can’t wrap it- a DVD makes a nice gift.

Second, Walmart is an awful environment, I agree, but my local video store, a nice walk in a pretty neighborhood, where I often meet friends and neighbours, is not.  Amazon sells videos, you can get them delivered to your door, and Netflix rents (also no visit to Walmart).

“If collectors no longer bought DVDs (why woudl they if this service were available?) at $20, the movie industry would no longer be able to produce most movies.” If ten times as many bought them at $3 via legit, persistent download-to-disc storage - or server storage, bypassing discs altogether - they would make great money.  (This has already been achieved on the music side. Video technology is playing catch up but is almost there.)

>>  Here you re simply wrong.  Itunes and the like make almost no money for the recording industry, maybe %3 of CD sales pre-napster.  If the film industry took a revenue hit, Los Angeles would be decimated, thousands of people (tens of thousands) would be out of work, and there would be no new movies.  You can’t make good movies without money.  You just can’t.  It’s not like a song that you can make with a few guys in a garage.  I mean, Blair Witch project was a fun novelty, but how many times can you watch that?  How would you like it if all movies were of that visual quality from now on?  It’s npot aboyt cameras, it’s about years of training to becoem a great actor, writer, cinematographer, etc., it’s about mopntsh finding THE perfect location, it’s about a lot of things that cost most of the budget.  heck, I have access to a pro HD Red One camera for free, the same one used by majopr studios, and to free lighting equipement.  That means id I want to shoot a movie I have 15% of my budget covered.  The rest is the valuable time of highly trained people, physical realities of travelling to locations, building/renting sets, etc.

Also, there is not a 10x market that would watch a film if only they didn’t have to go to Bluckbuster.  Research shows that people see all the films that interest them, sooner or later, and pay what they have to.  They are not impeded in any significant numbers from seeing movies because of the cost of in-store rentals, pay-per-view, or any other reasonably priced distribution channel.  As such, that $3 thing would directly eat away at existing channels.

“Few people realize that almost no theatrical releases are actually profitable. . .  It is a tough business.” Yes, and what you describe predates home video - the studios have had tough times since the 50’s when TV disrupted things, and later, videotape (at first) disrupted them, prompting the Betamax case.  Old story, but sexy new technology this time around.

>>  Except downloading is not really a profitable model, as proven by ITunes. 

“Hollywood is not the government, nor a charity.” Yet entrenched, powerful players in Hollywood’s current distribution model fight customer-pleasing technology   That ultimately will spur more movie content business than Hollywood ever dreamed.  Just like VHS did before DVD spurred more movie production and profits, even as they disrupted certain channels within the movie business

>>  NO.  First off, viewer free time is already saturated with content.  As mentionned, they are already able to see all movies they are interested in (in Western nations) and have time for, either in the theatre, home-video, TV, etc.  There are no consumers missing movies because they are not available for legal download via the Internet, so no sales are currenly being lost - should we reduce the price of these sales?  No. 

Secondly, we fight technology that has proven itself to only destroy profits, and to be incapable of generating significant revenue.  There is no download service out there that makes any real money, despite LOTS of support from Hollywood.  If consumers will be pleased by ad-free cost-free movies, then we cannot provide that.  We have rent too.  I’m sure consumers would also like free steaks and beer, or steaks and beer at 90% off.  Rent-and-Burn and downloading are not a business model, they are a charity model.

Many people will always want to go to the movies, even when software is free (with commercials) or $3 for a clean copy to watch at home when they feel like it.  Maybe $5 in HD. 

>>  Research shows that this is not true.  Soem people will, but there would be a huge market share lost.
Others will choose to watch it at home in a no-hassle way.  Forcing them to drive to the store, or wait for snail-mail delivery, just to support inefficient, unsatisfactory retail delivery channels is a misuse of government and courts. 


>>  We are protecting out copyrights, and our right to sell our whares (OUR whares, not publicly owned ones, or whares produced via tax dollars) any way we please, whether you or anyoen else thinsk we should be doing it soem other way or not.  Maybe some new models would be more efficient (although many people who makes statements have not read any market reserach, and assume that others are like them, which is wrong) but as a business, like any business, we have the right to chose any distribution model we want, and not be subjected to theft.  You cannot run a civilized nation if anytime people don’t like the business model or distribution habits of a corportaion they feel entitled to steal from them. 

Without laws to protect ideas, no one who has them could ever make money from them.  The only remaining jobs would eb manual labor.


“Let the market decide.  If people prefer the minimal value of browsing WalMart shelves for movies, waiting in a ten-minute checkout line behind mesomorph moms, and slicing fingertips penetrating clamshell cases protected by 3 levels of security tape and stickers, retail movie sales may indeed survive! But if they want lots of film content without the noise, sell them a great home theater system and a way to watch what they want to watch with no hassle and a sense they are getting what they pay for, no less. 

>>  This would be great, and works well, so far, only with pay-per view on HD recorder boxes.

Remember also that technology brings competition to movies - immediate thrills via a game, right now?  Or should we drive to Best buy to get a $20 video may want?  Hollywood might be shooting itself in the foot fighting downloads!

>>  Hollywood does not fight all downloads.  They fight teh ones that, looking at extensive market research and past experiments, lose potential revenue rather than augmenting it.

Posted by John  on  11/20  at  03:52 PM

@ robruffo

You sound like the same studio executives that are completely clueless with the current technology and how to move yoru industry forward.

Open your eyes before you need a handout like the auto industries.

Posted by Fat loss 4 idiots  on  06/29  at  01:19 PM

A DVD ripping war is set to escalate with Hollywood studio’s set to go head to head with technology Companies like RealNetworks and Kaleidescape in an effort to stop the copying of DVD’s to storage devices.
A DVD ripping war is set to escalate with Hollywood studio’s set to go head to head with technology Companies like RealNetworks and Kaleidescape in an effort to stop the copying of DVD’s to storage devices.Also being sucked into the fight are Companies like Control 4, AMX, Escient and Crestron all consumer electronics companies that have recently released DVD storage or ripping technology.Last night RealNetworks who recently released RealDVD, which is a suite of DVD copying software decided to take the fight right up to the DVD Copy Control Association who have been sniping from the sidelines by claiming that the Real Networks software is illegal.

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Posted by RobRuffo  on  08/17  at  10:54 AM

You gusy DO NOT WORK IN THE FILM INDUSTRY. 

You have no idea about how films are marketed, how consumers really behave, and so on.  You just want to not pay for content.

Dinosaur?  If wanting to get paid for my work makes me a dinosaur, fine.  But you gusy have NO CLUE about the realities of selling media not producing it.

Posted by Joel DeGray  on  08/17  at  12:29 PM

That’s right- we don’t work in the Film Industry.
We actually have to re-invent ourselves- in advance of industry change to survive. We need to innovate, adopt and cater directly to our clients.
This is something the film industry has missed on for decades. So the comparison to dinosaurs is quite accurtate, and your undesrtanding of what we know is sorely misguided. Maybe you could release Bad Santa 5000 for the holidays on Blu Ray and HD HOORAY!!!

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