MPAA Kills RealDVD for Good: The End of DVD Copying?
Instead of appealing a decision that deemed its $30 RealDVD ripping software illegal, the company is paying the studios $4.5 million as reimbursement for legal fees.
Under the auspices of the Motion Picture Association of America (MPAA), the studios sued Real in September 2008, claiming violations under the Digital Millennium Copyright Act (DMCA). The company also was sued for a breach of contract with the DVD CCA (Copy Control Association), which licenses the Content Scramble System (CSS) decryption software.
An injunction was imposed – and never lifted -- on sales of RealDVD.
In August 2009, the MPAA prevailed in its case against Real, which promised to appeal the decision.
Yesterday, Real gave up.
In addition to coughing up $4.5 million, Real agreed to abandon its claims against the studios and shut off metadata to the 2,700 users who managed to buy the software before the injunction was ordered.
After yesterday’s decision, MPAA general counsel Daniel Mandil said that the court’s “rulings and this settlement affirm what we have said from the very start of this litigation: It is illegal to bypass the copyright protections built into DVDs.”
He added, “We will continue to vigorously pursue companies that attempt to bring these illegal circumvention products and devices to market.”
Death Knell for DVD Copying?
CE pros are probably asking: What does this mean for Kaleidescape?
Kaleidescape was sued in 2004, not for violations under the DMCA but for breach of contract with the DVD CCA.
The DVD CCA maintains that its licensing agreement prohibits the sale of products that enable users to copy DVDs – even if the copies are bit-for-bit, with CSS intact.
Kaleidescape servers – with their five-digit price tags -- perform such bit-for-bit copying, which is one reason the company has always maintained that it complies with the DVD CCA licensing agreement and the DMCA.
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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23 Comments (displayed in order by date/time)
Brett,
When I say free software, I don’t mean pirated software, I mean FREEWARE
How is DVDDecryptor any more illegal than a product such as RealDVD being discussed here?
If I were your customer and you were trying to make me pay for software which I know freeware copies exist that do the EXACT same task, and in this case (and IMO) better - DVD Decryptor being better - I would be rather pissed, as would any other customer who is mildly ‘tech-savy’
Unfortunately in this case you have done nothing to protect yourself from any issues and are still supplying your customers with software that is deemed illegal, as breaking the CSS encryption is illegal no matter what software you use. Only course of action is to use NONE.
So I really don’t see the point of your argument. Is your view that freeware software is all illegal??
The only option here is to start going with the slow movement the RIAA has done, DRM free media. You will get very few people paying for software when free versions exist - a royalty fee on the sales of the software is NOT the correct answer.
Why should I be forced to purchase software? I already bought the content, you don’t see the double dipping idea you guys are proposing here??
I bought the content on a media platform, LET ME DO WHAT I WANT WITH IT!
Julie, you are missing the point.. HUGE
And let me do a small follow up as I just saw the comment on XBMC
Digital Media and players, HTPC’s are about to explode tremendously over the next couple of years, I’m pushing friends and family to get them, everyone is loving the idea of no more discs for movies, just as we have been enjoying over the past few years with MP3’s
MPAA has to wake up and start looking towards the future and a new business model for generating revenue. Remove DRM from digital media, let go of the copy protection on discs (yeah I know that’s a hell-freeze-over scenario)
Sorry guys, those of you who are looking for ways to make them happy such as royalties on dvd copying software are grasping at straws, jumping through hoops to make the masters happy.
How about push for what YOU, WE the paying public want? They HAVE NOT and CAN NOT stop this push, why fight it?
RIAA has already given up for the most part.. but with a few limbs still twitching here and there from the shock
@Julie
“...@Eyal, I’m not sure you’re correct here:
It’s what SHOULD be, but the RealDVD decision suggests otherwise….”
That’s exactly the point I was trying to make. Obviously the law is vague and confusing and should be challenged at a higher authority or court.
Currently it is subject to interpretation of the individual judge who’s hands might be tied.
The MPAA was granted a powerful law without any proper advocacy or representation for consumers. All they do is exercise their right to enforce the law on large companies and most judges are probably unable to rule anything else in favor of the law.
There has to be an appeal to challenge this law by larger organizations that represents the consumers. I would expect CEA for example, to step up and take a much more proactive role in this issue.
@Brett,
I agree with most of what you wrote except one small fact.
You are confusing file sharing with personal archiving which I believe is exactly why the Fair Use Act is there for.
I don’t recall any of the news about the law-suits filed against individuals, involving someone who recorded a DVD for themselves.
I also doubt that MPAA would go after someone who archive their DVD but DO NOT SHARE them. If you do share your files, you should absolutely be prepared to get hit.
That being said, as I mentioned in some of my other postings, the Fair Use Act needs to be clarified and strengthened. I totally agree with CEA and CEDIA being the leaders on this front. Unfortunately, so far it looks like they’ve been just sitting on the fence.
@MIKE
The software is not illegal. What the software does is illegal.
The law says that DRM circumvention is prohibited. In order to copy a DVD you have to circumvent the DRM. There are no grey areas there.
The only exception is the FAIR USE ACT.
Who cares kaleidescape is now dead! All those wanna be high enders who bought into this highly illegal very expensive system are now forced to follow the same rules as everyone else. Death to kaleidescape!
@Ownz Kaleidescape isn’t dead, and this move by Real doesn’t have any bearing on the Kaleidescape case. Kaleidescape is fighting a contract case whereas the DVD CCA is claiming an addendum added after the contract was finalized is part of the contract, and Kaleidescape is arguing otherwise. There has not been a claim made on Kaleidescape yet regarding the DRM, because Kaleidescape doesn’t circumvent the encryption. The DMCA doesn’t apply.




http://www.wired.com/threatlevel/2009/03/mpaa-claims-rea/
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