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| Is RealDVD Legit? |
| on Wednesday, September 10, 2008 - 04:55 AM Posted by: admin |
 RealDVD, released this week by RealNetworks, Inc. ("Real"), allows users to copy DVDs to their computers for replay without needing the initial DVD. Real claims this is legit pursuant to a recent federal district court ruling in California.
DVD Copy Control Association v. Kaleidescape, Case No. 1-04-CV031829 in the Superior Court of the State of California, County of Santa Clara, was filed by the DVD Copy Control Association (“DVD CCA”), an arm of the Hollywood studios, on December 7, 2004. The DVD CCA alleged that by providing consumers with its innovative, yet secure product, Kaleidescape was in breach of its license from the DVD CCA for the Content Scramble System (“CSS”), a method used to encrypt video and audio data on DVDs. The license agreement however, contained no prohibition against the Kaleidescape System. The Kaleidescape System allows consumers to copy and organize their DVDs and CDs on a secure hard drive, and to play back their movies and songs throughout the home with ease and convenience. On June 1st, 2005, Kaleidescape filed its answer and cross-complaint against the DVD CCA. Kaleidescape’s cross-complaint stated that the DVD CCA breached the CSS license by not allowing the ombudsman process mandated by its own bylaws to be completed, and that the DVD CCA breached the covenant of good faith and fair dealing by making its unreasonable and unsupported allegations against Kaleidescape and not participating in the ombudsman process in good faith. Kaleidescape’s cross-complaint also sought a declaration from the Court that the CSS license did not include terms that the DVD CCA claims have been breached by Kaleidescape. Kaleidescape, was found "in full compliance" with the DVD Copy Control Association's (DVD CCA) license to the Content Scramble System (CSS) by Santa Clara Superior Court Judge Leslie C. Nichols, who issued the ruling in this three-year-old lawsuit after a seven-day trial on March 29, 2007.
Compare 321 Studios v. MGM, Inc., Case No. C 02-1955 SI in the U.S. District Court for the Northern District of California, where the Court found that 321 Studios was not allowed to provide consumers with software that could make copies of DVD movies. The decision of this Court effectively put 321 Studios out of business. |
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