on Tuesday, October 07, 2008 - 09:32 PM Posted by: admin
RealDVD was launched by RealNetworks just last month, providing a way for users to backup any DVDs they own to their own hard disk. The software includes DRM to limit users from copying the files to yet another computer.
At that time, I published an article asking "Is RealDVD Legit?" at CyberLaw.Info because I did not understand how a DVD could be copied to a computer without violating the non-circumvention provisions of the DMCA or RealNetworks' agreement with the DVD Copy Control Association (DVDCCA), the group responsible for protecting DVDs against piracy.
Apparently, RealNetworks had the same concerns and at or about the time of release, they filed a lawsuit seeking a court declaration that the software was legit. They contend that the recent victory of Kaleidescape in DVD Copy Control Association v. Kaleidescape, Case No. 1-04-CV031829 in the Superior Court of the State of California, County of Santa Clara, is dispositive.
In a suit filed by the MPAA in San Francisco shortly after RealNetworks filed its suit, U.S. District Judge Marilyn Patel disagreed. She restrained RealNetworks from distributing RealDVD.
At hearing yesterday, October 7, 2008, she stated: "I am extending the temporary restraining order because I'm not satisfied in the fact that this technology is not in violation." "There are serious questions about copyright violations. There are questions about violations of the (Digital Millennium Copyright Act), and violations of these companies' agreement."
When the dust settles, we'll know whether RealDVD is "StealDVD."
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