Here’s the company’s official statement: “The individual in question violated the company’s standards of conduct by repeatedly copying and distributing a variety of materials without permission.”

Not that it needs much unpacking, but just to be clear: NBC is saying, without actually saying so, that its position is that it canned the leaker for behavior beyond posting that single clip.

And not to be too square and get-off-my-lawn about it, but there are lots and lots of companies–including, for instance, Google, which owns YouTube–that fire people for distributing things on the Internet that aren’t supposed to be distributed on the Internet.

As PaidContent’s Andrew Wallenstein argues, the fact that the clip is funny and interesting and had already been on TV 17 years ago–and on NBC’s own Web site today–doesn’t mean the NBC guy had the go-ahead to do it. (It also points out the complexity that YouTube has in policing authorized and unauthorized clips, but that’s a different story.)

But, as noted: The clip is funny and interesting! And reminds us of what Bryant Gumbel and Katie Couric used to look like. Let’s watch it again!

“Defendant must bring its conduct into compliance with the injunction by midnight on December 31, 2009, at the latest,” U.S. District Judge William Alsup wrote in his ruling. “Defendant must immediately begin this process, and take the quickest path to compliance; thus, if compliance can be achieved within one hour after this order is filed, defendant shall reasonably see it done.”

It would seem, then, to be over for Psystar, though we likely haven’t yet heard the last of it. Alsup’s injunction doesn’t include the company’s Rebel EFI software, which allows Mac OS X to be installed on PCs. So for now, the company can continue to sell it, though Alsup warns that to do so is a risky legal proposition at best.

“Rebel EFI will not be expressly excluded from the terms of the injunction,” Alsup wrote. “It should be clear, however, that this ruling is without prejudice to Psystar bringing a new motion before the undersigned that includes real details about Rebel EFI, and opening itself up to formal discovery thereon. This would serve the purpose–akin to a post-injunction motion vetting a ‘design-around’ in a patent action–of potentially vetting (or not vetting) a product like Rebel EFI under this order’s decree.”

The wiggle room allowed, however, is scant. “Moreover, Psystar may raise in such a motion any defenses it believes should apply to the factual circumstances of its new product, such as the 17 U.S.C. 117 defense raised in its opposition and at oral argument. Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict. What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction.”

Below, the injunction in full:

Case3-08-cv-03251-WHADocument242 –

RealNetworks just lobbed its appeal to the U.S. Court of Appeals in the case revolving around its DVD-copying software, RealDVD.

A U.S. District judge issued a preliminary injunction against RealNetworks (RNWK) in August to stop sales, and renewed it in October.

In a typical Hollywood move, the Motion Picture Association of America said the software, which allows copying of DVDs, violated the Digital Millennium Copyright Act.

In the appeal, RealNetworks said the judge was using the wrong law, that the software was not causing damage to the studios and that the technology is in the public interest and constitutes fair use.

“The District Court committed multiple legal errors in granting Appellees’ motions for preliminary injuction,” reads the appeal.

But, check out the whole appeal and below it, a video interview with RealNetworks CEO Rob Glaser that BoomTown did when RealDVD was launched a little over a year ago:

]]> http://allthingsd.com/20091110/the-judge-was-wrong-realnetworks-realdvd-appeal-document/feed/ 0 http://allthingsd.com/20090812/realnetworks-still-barred-from-the-dvd-backup-business-why-does-realnetworks-want-to-be-in-the-dvd-backup-business/ http://allthingsd.com/20090812/realnetworks-still-barred-from-the-dvd-backup-business-why-does-realnetworks-want-to-be-in-the-dvd-backup-business/#comments Wed, 12 Aug 2009 19:16:55 +0000 Peter Kafka http://mediamemo.allthingsd.com/?p=9821 So now that the RealNetworks attempt to get into the movie-copying business has been rebuffed by a federal court once again, I’ve got a question: Why, exactly does RealNetworks (RNWK) want to be in the movie-copying business?

To recap: Real wants to sell a $30 piece of software called RealDVD that lets you rip and store DVDs on your computer. Real’s software adds its own set of locks to the ripped file to prevent DVD owners from passing along their files to someone else, but that isn’t nearly enough to placate Hollywood.

Real and the studios have been in court since last fall, when U.S. District Court Judge Marilyn Hall Patel issued a restraining order preventing Real from selling the software. Yesterday, Patel (whom you may recall from the old Napster days, when she essentially shut that service down) turned the restraining order into an injunction, along with a sharply worded ruling that basically described Real as a group of willfully obtuse doofuses.

Now Hollywood is dancing, and Real says it needs to “determine our course of action.” I have a suggestion for Real: Move on.

I know there’s a legitimate use for software that lets you rip DVDs you own–and more importantly, software that lets you circumvent the locks the studios put on their discs. But why not let the many other smaller companies fighting this fight, fight this fight?

Best-case scenario is that you end up with software that’s useful for a relatively small group of people: The ones who buy DVDs and want to watch them multiple times. Worst case is the one you have now: An expensive legal battle and the prospect of a product you’ll never be able to sell.

I’ve been puzzling about Real’s plan for this software from the get-go. Why release a product that is destined for a court battle?

A few people familiar with the company’s thinking have tried to explain that this fits into CEO Rob Glaser’s vision for Real’s future, which involves creating software that maintains a connected home entertainment hub. But that seems like a roundabout way to get there.

I have another theory: Glaser is a smart, pugnacious guy with a fondness for big public fights.

He spent some time in the earlier part of this decade jousting with Steve Jobs about Apple’s (AAPL) walled-garden approach to iTunes music, and lost that one. But he did get Microsoft (MSFT) to hand over $760 million to settle an antitrust case in 2005, and he still has a chunk of that cash in the bank.

Or maybe there’s an entirely different impulse behind RealDVD. But whatever it is, I’d love to hear it. Here’s a clip of Rob Glaser explaining the software’s features, but not the rationale behind it, to BoomTown’s Kara Swisher:

]]> http://allthingsd.com/20090812/realnetworks-still-barred-from-the-dvd-backup-business-why-does-realnetworks-want-to-be-in-the-dvd-backup-business/feed/ 0 http://allthingsd.com/20090417/consumers-want-to-rip-burn-dvds/ http://allthingsd.com/20090417/consumers-want-to-rip-burn-dvds/#comments Fri, 17 Apr 2009 15:22:11 +0000 Marisa Taylor http://voices.allthingsd.com/?p=10877 Apple’s (AAPL) iTunes makes saving music from CDs onto one’s personal computer a simple process, but doing the same with a DVD is much more complicated endeavor. Most DVDs are encoded with digital rights management technology to prevent copying.

Most DVD viewers think that’s hypocrisy. A study of 1,000 consumers conducted by the National Consumers League found that 90 percent think that they should have ability to back up DVDs on their personal computers in the same way they are able to do with music from a CD.

Read the rest of this post on the original site

]]> http://allthingsd.com/20090417/consumers-want-to-rip-burn-dvds/feed/ 1 http://allthingsd.com/20081006/rent-rip-restraining-order/ http://allthingsd.com/20081006/rent-rip-restraining-order/#comments Mon, 06 Oct 2008 18:38:41 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=6252 The legal broadside Hollywood lobbed at RealNetworks (RNWK) last week has upset the company’s carefully prepared plans to offer a mainstream means of legally copying DVDs. A judge has issued a temporary ban on sales of Real’s RealDVD software in the wake of a lawsuit brought against it by the Motion Picture Association of America. Point your browser at the RealDVD site today and you’ll be greeted with the following message:

Due to recent legal action taken by the Hollywood movie studios against us, RealDVD is temporarily unavailable. 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.”

Good luck with that, folks.

As I’ve noted here before, RealDVD is a nice idea–a $30 software program that easily copies entire DVDs, right down to the menus, bonus features and cover art. And it does so in an ostensibly legal way. What it doesn’t do, though, is prohibit users from ripping DVDs that they rent. Effectively, users are on the honor system, which isn’t exactly a Hollywood-approved DRM scheme.

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