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Real Expands DVD Lawsuit, Sues Studios Over Antitrust
RealNetworks asks permission to amend complaint to include antitrust violations.
RealNetworks, currently engaged in a legal battle over its DVD ripping/backup software RealDVD, is looking to expand its lawsuit.
The company has asked permission to include antitrust violations in its suit against the six Hollywood studios and the DVD CCA, according to court documents filed Wednesday.
"Through discovery in this case relating to the DVD CCA's and the Studio Defendants' request for a preliminary injunction, RealNetworks has become aware of facts demonstrating that the DVD CCA and the Studio Defendants have engaged in both a horizontal group boycott of RealNetworks and, in the case of the Studio Defendants alone, a collective refusal to deal with RealNetworks," the filing says.
"The testimony of the Studio Defendants during the preliminary injunction hearing further confirmed the existence of a horizontal conspiracy between the Studio Defendants and involving the DVD CCA."
In the court filing, Real argues that the Studios have bandied together to prevent individual studios from allowing DVD copies in favor of a "joint agreement to grant or withhold the use of such content– the CSS License Agreement."
Recent reports claim that the dispute over the software is just one piece of the argument; Real CEO Rob Glaser demonstrated the company's Facet DVD Player, which apparently uses RealDVD to backup and store DVD copies.
Real also released a counterclaim (pdf) to the accusations filed by the DVD-CCA in January, arguing over the fundamentals of the Content Scramble System (CSS) and DVD Licensing.
Click here to download Real's motion to file amended complaints (pdf).
The company has asked permission to include antitrust violations in its suit against the six Hollywood studios and the DVD CCA, according to court documents filed Wednesday.
"Through discovery in this case relating to the DVD CCA's and the Studio Defendants' request for a preliminary injunction, RealNetworks has become aware of facts demonstrating that the DVD CCA and the Studio Defendants have engaged in both a horizontal group boycott of RealNetworks and, in the case of the Studio Defendants alone, a collective refusal to deal with RealNetworks," the filing says.
"The testimony of the Studio Defendants during the preliminary injunction hearing further confirmed the existence of a horizontal conspiracy between the Studio Defendants and involving the DVD CCA."
In the court filing, Real argues that the Studios have bandied together to prevent individual studios from allowing DVD copies in favor of a "joint agreement to grant or withhold the use of such content– the CSS License Agreement."
Recent reports claim that the dispute over the software is just one piece of the argument; Real CEO Rob Glaser demonstrated the company's Facet DVD Player, which apparently uses RealDVD to backup and store DVD copies.
Real also released a counterclaim (pdf) to the accusations filed by the DVD-CCA in January, arguing over the fundamentals of the Content Scramble System (CSS) and DVD Licensing.
Click here to download Real's motion to file amended complaints (pdf).
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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