RealDVD permanently banned in US, Real pays Hollywood $4.5 million

[KSoD]

The battle over RealNetworks' DVD copying software, called RealDVD, has finally come to a close, and Real has lost.


Judge Marilyn Hall Patel of the United States District Court, Northern District of California ruled today in favor of the DVD Copy Control Association, who argued that RealDVD actually made illegal copies that violated the Content Scramble System (CSS) license agreement.


The case began in late 2008 when RealDVD was only a couple of weeks old. RealNetworks preemptively sued the DVD Copy Control Association for the right to copy DVDs, using a previous case (DVD CCA v. Kaleidescape Inc.) as a hopeful legal precedent.
A temporary injunction was imposed as the case played out, and lower courts banned the software. One year into the case, Judge Patel determined that RealDVD's methods for avoiding CSS were at the very least a breach of the Digital Millenium Copyright Act, and upheld the lower court's ruling.


RealNetworks countersued, arguing that the motion picture industry was an illegal cartel that sought to corner the market for unprotected content (a.k.a., "digital copy"), but the judge again ruled in favor of the DVD Copy Control Association.


Today, Real said it has settled and will drop all of its appeals. The permanent injunction will stand, and Real will pay the studios a $4.5 million settlement.


"Almost from the moment this product was introduced, it was clear RealDVD violated the CSS license," Jacob Pak, President of DVD CCA said in a prepared statement today. "Now, after months of arguments from both sides, the legal message is clear: Making a DVD copier is a breach of the CSS license. This case demonstrates how important it is to uphold legal agreements that are essential to fostering and maintaining a vibrant competitive industry."


Source

 

[philbar71]

Weird, why would they pick on realDVD? there are lots of other softwares that can easily rip DVD's.

 

[Trotter]

Because Real is a big target with money.

 

[KSoD]

They did this with only Real as the software did it all by itself. Instead of using multiple programs which is needed now. Right now you need at least 2 separate pieces of software to accomplish what RealDVD was doing all by itself. That is why it was picked on, not to mention that Real made the first mistake. they sued the DVD CAA in a pre-emptive move which only brought their software to light. If they would have not done that this might have turned out differently.

 

[S0ULphIRE]

"Now, after months of arguments from both sides, the legal message is clear: Making a DVD copier is a breach of the CSS license.

So making something that can do something illegal is now illegal? That makes perfect sense

 

[philbar71]

So making something that can do something illegal is now illegal? That makes perfect sense

Lol, yes, that is kindve of dumb. It's like suing automakers for making cars that can break the speed limit.

 

[joelm3103]

Lol, yes, that is kindve of dumb. It's like suing automakers for making cars that can break the speed limit.

Come to think of it, that makes sense LOL!

 

[wafflehammer]

but this was made to break the law.....cars weren't. Cars aren't made to go over the speed limit. The speed is just a side effect of the need for fast acceleration.

 

[kmote]

"land of the free" - as long as you have lots of money.

I wonder if a gun manufacturer has ever been sued on similar grounds...

 

[wafflehammer]

^^^ still goes with the car example....this program was made to do nothing legal....while guns were made for a lot of legal reasons and only a few illegal ones.