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SAN FRANCISCO — DVD copying software sold by RealNetworks Inc. appears to be an illegal pirating tool, a federal judge ruled Tuesday in a legal battle that's been closely watched in Hollywood and elsewhere.
The Seattle-based company's RealDVD software violates federal anti-piracy law and also goes against a contract RealNetworks signed to gain keys to unscramble DVDs, U.S. District Court Judge Marilyn Hall Patel said.
DVDs are embedded with anti-piracy technology that prevents copying, Patel noted.
"RealDVD products are designed primarily for circumvention of that technology," she wrote. "This unauthorized access infringes the Studios' rights because it entails accessing content without the authority of the copyright owner."
Patel's order bars the company from selling its software until the case is resolved, saying the movie industry is likely to prevail in its legal battle with RealNetworks.
The company's software — which costs $29.99 — allows consumers to copy DVDs to their computer hard drives.
RealNetworks has argued that buyers of DVDs have a fundamental right to make digital copies for safer and more convenient storage. The company's lawyers said the software contains piracy protections that limits a DVD owner to making just one copy.
But the studios said they have the legal right to retain complete control over how content they've created is distributed.
The lawsuit has incurred widespread wrath from bloggers, digital rights advocates and groups on both sides of the political spectrum. Critics accuse the studios of stifling innovation.
The industry counters that it is trying to stamp out illegal piracy while it and partner companies develop legitimate copying software.
Patel initially barred sales of the software in October after the product was on the market for a few days. At the time, the judge said it appeared the software violated federal law against digital piracy, but ordered detailed court filings and a trial to better understand how RealDVD works.
The ruling was a big win for the industry and RealNetworks said it is considering its options. A trial has not been scheduled.
The industry feared an adverse ruling would legitimize so-called "rippers" — software that allows users to "rent, rip and return" movies instead of buying them, thus cutting into Hollywood's annual $20 billion DVD sales market. Such software is easy to obtain online, though it remains illegal.
Patel, the judge who shut down Napster in 2000 because of copyright violations, essentially placed RealDVD in the same category as the music-swapping site on Tuesday.
"This is a victory for the creators and producers of motion pictures and television shows and for the rule of law in our digital economy," said Dan Glickman, chairman and chief executive of the Motion Picture Association of America. "We are committed to advancing the consumer experience through technology while sustaining the creative community that makes the movies and TV shows we love."
RealNetworks was disappointed with the injunction, but will review its options, company spokeswoman Kyrsa Dixon said.
© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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 | Judge rules against RealNetworks DVD copy software | Associated Press | Wed Aug 12 | 1 |
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{"commentId":8780257,"authorDomain":"janeway77"}
With DVDs routining selling for under $10, there is no real reason to pirate them. Just buy them. You get a better product, and you support the creative production market, which means more DVDs will come down the pike later.
There's a lesson in that for Microsoft too. Don't sell software for hundreds of dollars. Sell it for $50. People will buy it, not steal it.
{"commentId":8780257,"threadId":"648790","contentId":"3144008","authorDomain":"janeway77"}
#1 - Tue Aug 11, 2009 11:35 PM EDT{"commentId":8789531,"authorDomain":"AvatarAaron"}
I am sorry, but the same argument that the movie and television industries are making can be turned around and used against them. These companies are arguing that they are not simply selling a physical produce (i.e. a video, cd, dvd, etc.), but rather that they are selling the intellectual work of a multitude of people. Thus what they are selling is the substance that is package in a dvd.
As a consumer, I feel that same argument is pertinent. I am buying the substance of the dvd, tape, or cd. This means that as technology progresses I should not be forced to buy additional copies of my favorite movie, shows, and music, because the physical object that contains this "substance" becomes obsolete. This means that I have a right to purchase software or devices that allow me to transfer the "substance" of these dvd's, which I have purchased legally, to any other media that I wish.
I understand the corporate arguement that these conversion technologies are what makes piracy possible, but if they utilize the legal system to bar these outlets for progess than they should be legally obligated as well to provide its customers with a means to change the objects that store this "substance" as technology progresses. My video tape is obsolete, they have to send me a dvd. My dvd is replace by a blueray disk, I should get one for free. This is a situation where the courts need to step in force the movie and television industries to pony up. There is not way that they should be allowed to have their cake and eat it too.
{"commentId":8789531,"threadId":"648790","contentId":"3144008","authorDomain":"AvatarAaron"}
- 1 vote
#2 - Wed Aug 12, 2009 12:43 PM EDT{"canLink":false,"threadId":"648790","isPrivate":false}
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