Tuesday, October 7, 2008

RealDVD pulled temporarily by fed judge in MPAA lawsuit

Recently, RealNetwork's new RealDVD software was released, following an onslaught of legal problems about the software's ability to create a copy of DVDs for personal use. The Motion Pictures Association of America (MPAA) decided to sue them for allowing the burning of DVDs and circumventing the DVD protection, thus pirating the movie, and possibly allow further piracy by releasing it onto the web. They asked for a restraining order on the product to prevent RealNetworks from further selling it and stop the piracy that RealDVD could be causing.

In our coverage of the issue, we told you that RealDVD sued first, then MPAA sued back. MPAA had said

"RealNetworks' RealDVD should be called StealDVD," Greg Goeckner, executive vice president and general counsel for the MPAA, said in a statement. "RealNetworks knows its product violates the law and undermines the hard-won trust that has been growing between America's movie makers and the technology community."
While RealDVD had fought against them, claiming their product was not violating anything, and in fact added extra layers of Digital Rights Management to the copies made.

Now, a federal judge has asked RealNetworks to temporarily discontinue the distribution of their RealDVD product, at least until the next court session.

"We temporarily suspended distribution of the product until tomorrow," said Seattle-based RealNetworks' spokesman Ryan Luckin.
The MPAA said they were prohibited from commenting on the case.

Currently, the RealDVD product has been pulled from the website, and the link was removed, and it now says
"Rest assured, we will continue to work diligently to provide you with software that allows you to make a legal copy of your DVDs for your own use."

As I said earlier, piracy is a growing concern for the MPAA, because they fear that piracy will increase and becoming easier because customers will be able to illegally make copies of their content, and then keep a movie after they rent it by using a product such as RealDVD. Although this may or may not be the case, (RealNetworks says otherwise), piracy is definitely a major concern here. They are concerned that if RealDVD can win this case, and make it legal to make copies of DVDs on people's hard drives, then more products similar to RealDVD could be made, and causing a host of problems for the MPAA, and with piracy in general even in other industries.
RealDVD is saying that their case was preceeded by the case of DVD Copy Control Association v. Kaleidescape. The MPAA argues back that their software is merely getting around copyright protection.

It's still unclear who will win this case, but if RealNetworks can win it, then this could be an incredible step towards more free movie content and may affect other industries too. Undoubtedly, RealDVD could be exploited for purposes relating to piracy by experienced hackers.

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