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RealNetworks to Appeal Ruling on RealDVD Injunction
Manufacturer seeks permission to sell DVD-ripping software while bigger cases head to court.
Oct
11
Filed in: News, Video, Digital Media, Media Servers, Digital Rights, Legal
Print | Email |
10.11.2009 — RealNetworks cannot sell its $30 RealDVD ripping software until the legality of the software is determined by the courts. That was the ruling made by U.S. District Court Judge Marilyn Patel in August, when she upheld an earlier court's preliminary injunction against sales of RealDVD.
Now Real is appealing that decision, according to CNET.
Real is being sued by the DVD Copy Control Association (DVD CCA), for breach of contract. The DVD CCA claims 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.
A similar lawsuit was filed by the DVD CCA against Kaleidescape, another manufacturer of DVD-archiving products (See: "Latest on the Legal Front").
Real (but not Kaleidescape) also is being sued by the Motion Picture Association of America (MPAA), which claims RealDVD violates the Digital Millennium Copyright Act (DMCA). Under the auspices of the MPAA, the studios claim that RealDVD circumvents measures that protect copyrighted titles – a violation of the Act.
While these broader issues probably won't be resolved for quite some time, Real wants permission for now to sell RealDVD, i.e., to have Patel's decision overturned.
[Via CNET]
Now Real is appealing that decision, according to CNET.
Real is being sued by the DVD Copy Control Association (DVD CCA), for breach of contract. The DVD CCA claims 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.
A similar lawsuit was filed by the DVD CCA against Kaleidescape, another manufacturer of DVD-archiving products (See: "Latest on the Legal Front").
Real (but not Kaleidescape) also is being sued by the Motion Picture Association of America (MPAA), which claims RealDVD violates the Digital Millennium Copyright Act (DMCA). Under the auspices of the MPAA, the studios claim that RealDVD circumvents measures that protect copyrighted titles – a violation of the Act.
While these broader issues probably won't be resolved for quite some time, Real wants permission for now to sell RealDVD, i.e., to have Patel's decision overturned.
[Via CNET]
DVD Ripping: The Whole Picture
 | 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 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. 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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Julie Jacobson, Editor-at-large, CE Pro
As a co-founder of EH Publishing in 1994, Julie has edited and contributed to all of the company's publications at one time or another. An authority on home automation, networking, integration, digital convergence and the CE pro channel, Julie speaks often about these subjects at industry events. She graduated with a B.A. in Economics from the University of Michigan, and received an MBA from the University of Texas at Austin. Julie is a washed-up Ultimate Frisbee player.
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