AllThingsD » DVD Copy Control Association

Judge: RealDVD Antitrust Case Real Stupid

John Paczkowski — Mon, 11 Jan 2010 19:02:33 +0000

The federal judge presiding over the RealNetworks legal battle with Hollywood has confirmed what even the company’s attorneys have likely known all along: There was no chance whatsoever the company would prevail in its claims against the film industry, and the plight in which RealNetworks (RNWK) now finds itself is entirely its own doing.

On Friday, Judge Marilyn Patel, who in 2000 issued the injunction that shut Napster down, dismissed Real’s antitrust claims against Disney (DIS) and other movie studios over their alleged collusion to block RealDVD, the company’s “legal” DVD ripper.

The studios and the DVD Copy Control Association, she found, were well within their rights to band together to prevent what they believed to be illegal copying of their content. Real was foolish to think otherwise, and its claim that it has suffered significant losses because of its inability to sell a product of questionable legality is, in a word, ludicrous.

Which is not to say that consumers should not have the right to copy and back up films they have legally purchased, just that the courts have never looked favorably on those who claim that right through a technology that bypasses DVD copy protection and consequently violates the Digital Millennium Copyright Act.

“Real’s purported injury stems from its own decision to manufacture and traffic in a device that is almost certainly illegal under the DMCA,” Patel wrote. “In the circumstances of this case, there is no allegation Real could make that would give it antitrust standing.”

Court Opinion Dismissing Realnetworks Antitrust Case

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John Paczkowski — Mon, 11 Jan 2010 18:00:28 +0000

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Sue. Rent. Rip. Return.

John Paczkowski — Tue, 30 Sep 2008 17:01:55 +0000

Turns out RealNetworks Inc.’s new DVD ripper, RealDVD, is as legal as its creator is litigious. RealNetworks (RNWK) debuted RealDVD this morning and along with it, a preemptive lawsuit against the Hollywood interests that will inevitably attempt to litigate it into oblivion. Brought against the DVD Copy Control Association and a who’s-who of major studios, the suit asks the court to rule that RealDVD complies with the DVD Copy Control Association’s license agreement not only by retaining the “content scramble system” used to protect DVDs, but by enhancing it with an additional layer of digital rights management protection.

“RealNetworks took this legal action to protect consumers’ ability to exercise their fair-use rights for their purchased DVDs,” the company said in a statement. “We are disappointed that the movie industry is following in the footsteps of the music industry and trying to shut down advances in technology rather than embracing changes that provide consumers with more value and flexibility for their purchases. For nearly 15 years RealNetworks has created innovative products that are fully legal, great for consumers, and respectful of the legitimate interests of content creators and rights holders. RealDVD follows in that tradition. We expect to successfully defend our right to make RealDVD available to consumers and consumers’ rights to use it.”

We’ll see, I guess. Clearly the silly little “RealDVD is for saving a DVD you own” disclaimer attached to the software isn’t going to cut it with Hollywood. I imagine we’ll be hearing from the Motion Picture Association of America before the day is out.