328:, asking to remove the injunction on the sales of RealDVD. RealNetworks claimed that the district court applied an incorrect legal standard in granting a request by the major studios to halt sales of the software and was wrong to presume RealDVD would cause the film industry irreparable harm. In March 2010, RealNetworks and DVD CCA reached a settlement in which RealNetworks agreed to the injunction against selling the RealDVD software and a payment of $ 4.5 million in legal cost to the studios. It would also refund the payments from the approximately 2,700 current users of RealDVD.
291:
the start that what they were producing had a high likelihood of resulting in legal action so the company took measures to cover its tracks along the way. The documentation of this released to the public was heavily redacted, however it indicated that RealNetworks intentionally eliminated engineering notebooks, code files, and documents that pointed to the fact that the RealDVD software was mainly produced by hackers.
31:
249:
cracked or hacked. However, the court ruled that the DMCA statute does not require the access control or copy control technology to be strong as long as it prevents unauthorized access and/or copying under ordinary course of operation and with the authority of the copyright owner. Since the court concluded that CSS is still effective for ordinary uses, the DMCA claim against RealNetworks is valid.
303:(AES) encryption to the copied content so that only the person who made the copy can play back the copied content with RealNetworks' player. However, the court decided that preserving the CSS protection only once during the initial playback of the DVD is not enough and any subsequent absence of CSS technology during the playback of copied DVD content from the hard drive is a contract violation.
278:
during normal playback, leaving a back door to copying wide open, thus, they are not effective copy control measures. But the court disagreed with this argument because if this is the law, then "effective" copy protection measure will have to prevent against every possible current and future means of copying. Finally, RealNetworks asserted that regular DVD players can make temporary copies as
316:
court dismissed the claim because consumer can get the same hard drive copies through digital downloads, and some DVDs even come with an additional, non-CSS encrypted DVD that allows the users to copy the content onto the hard drive. Also, even if RealNetworks is able to obtain a license to circumvent CSS, RealNetworks still violated the DMCA for circumventing ARccOS and RipGuard.
253:
DVD content from the hard drive is a circumvention of CSS, even though they are not needed when playback from the hard drive. The court further explained that even though RealNetworks is a licensee of CSS technology, it does not shield RealNetworks from DMCA claim because the removal of CSS technology is a violation of DMCA.
252:
The court decided that RealDVD is primarily designed or produced to circumvent CSS technology. In particular, the court found that the removal of crucial CSS technology in DVD drive-locking, secure storage of content keys on DVD, CSS authentication and CSS bus encryption during the playback of copied
601:
The Motion
Picture Association of America (MPAA) has accused RealNetworks of destroying evidence relevant to a lawsuit over the company's DVD-copying software. ... The MPAA claims that Real knew from the beginning that it would probably be sued—evidence that could be used to argue that Real knew it
290:
Before the March 16, 2009 hearing the DVD Copy
Control Association, Inc. wrote to U.S. District Judge Marilyn Hall Patel that RealNetworks had destroyed critical pieces of evidence and that this had irrevocably damaged the integrity of the judicial process. The claim was that RealNetworks knew from
248:
The DMCA prohibits circumvention of "effective" access control of copyrighted works and the trafficking of tools that are designed primarily to circumvent "effective" access control or copy control of copyrighted works. RealNetworks alleged that that CSS is not effective anymore because it has been
199:
that allows users to make hard drive copies of copyrighted DVDs. However, some major movie studios feel that RealDVD can threaten the emerging market in digital downloads and encourage people to make copies of rental DVDs instead of purchasing. RealNetworks, on the other hand, believes that copying
315:
claims against DVD CCA and the major studios, alleging that the delayed product launch of RealDVD, temporary restraining order and preliminary injunction are the results of DVD CCA and the movie studios conspiring to deny the licensing of CSS to make hard drive copies of DVD content. However, the
277:
are not effective copy control measure because they only prolong the copying process. The district court rejected this argument because ARccOS and RipGuard may make copying take so long that copying is essentially not viable. RealNetworks then argued that ARccOS and RipGuard are never encountered
97:
RealNetworks violated the anti-trafficking provisions of the
Digital Millennium Copyright Act (DMCA) by allowing users of RealDVD software product to make permanent backup copies of copyrighted DVDs. A preliminary injunction was granted to forbid RealNetworks from manufacturing and distributing
576:
Among other things, the studios allege in heavily redacted court documents that RealNetworks trashed a senior project manager's "engineering notebooks," an archive containing "actual code files" and other documents, one of which might reveal "Real's products are based in part on the work of …
362:
is a closely related case in the sense that both
Kaleidescape's and RealNetworks' systems are meant to allow the users to better organize their media content through DVD copies on the hard drive. But unlike the RealNetworks case, the Kaleidescape case addresses only the breach of CSS license
348:
is one of the first cases that tested the DMCA in dealing with the legality of unlicensed CSS decryption software. In this case, the movie studios sought for an injunction against the distribution of DeCSS, a program made to allow the copying of DVD content onto the hard
269:, which are designed not to impair normal playback but to prevent copying by inserting intentional bad sectors and fake menu structures to the DVDs, by mimicking the way human watches a DVD or by skipping the unreadable data. RealNetworks contended that Sony
335:
which by itself only works with unprotected digital media, continue to be free and widespread on the internet. Some believe that this indicates the ineffectiveness of the major studios' effort to restrict the copying of DVDs through legal rulings.
602:
was doing something illegal—but has since deleted documents demonstrating that. Other documents, such as relevant code files, waffled between being "no longer in RealNetworks' possession" and being infected with a virus, according to the MPAA.
355:
is another early DMCA case trying to determine the legitimacy of software that allows the users to make copies of DVDs. In this case, 321 Studios stressed that such a software is legal because it allows users to make fair use copies of DVD
677:
542:
721:
204:, a manufacturer of high-end media servers capable of copying copyrighted DVD content to the servers. Therefore, RealNetworks sued the DVD CCA and several major movie studios on September 30, 2008 seeking for a
240:, barring the manufacturing and distribution of RealDVD or any other similar software product after the court found that RealNetworks violated the DMCA and breached the CSS licensing agreement with DVD CCA.
282:, so ARccOS and RipGuard do not prevent copying. However, the court deemed this argument flawed by distinguishing that cache copies are byproduct of playback, but copies made by RealDVD are permanent.
41:
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nor breached the licensing contract with DVD CCA. On the same day, the studios sued RealNetworks by alleging that RealNetworks violated the DMCA and breached the contract.
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232:
on
October 3, 2008 after the initial hearing of the case to prevent the sale and distribution of RealDVD. The temporary restraining order was turned into a
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claims on the manufacturing and distribution of RealDVD, and a breach of license agreement. The district court concluded that RealNetworks violated the
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RealNetworks argued that it fully complied with the CSS license agreement not only by preserving all of the associated protection but also by adding
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and anti-trafficking provisions of the DMCA when the DVD copying software RealDVD bypasses the copy protection technologies of DVD.
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This lawsuit is one of the many legal actions taken by the movie studios in an attempt to restrict the copying of DVDs.
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Despite the defeat of DVD-copying tools in this and other court cases, many similar software, such as
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of DVD is now legal after the favorable ruling of a 2007 California
Superior Court case against
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557:"MPAA Claims RealNetworks 'Destroyed' Evidence in DVD Copying Case, Used Work of Hackers."
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87:, 2010 U.S. Dist. LEXIS 1433 (N.D. Cal. January 8, 2010) (Antitrust claims dismissed)
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United States
District Court for the Northern District of California cases
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to prevent unauthorized copying, from DVD CCA and released the product
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United States
District Court for the Northern District of California
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On May 14, 2009, RealNetworks amended the lawsuit to include
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MPAA: RealNetworks hamstrings lawsuit by destroying evidence
623:, 2010 U.S. Dist. LEXIS 1433 (N.D. Cal. January 8, 2010).
243:
192:
462:
DVD Copy
Control Association, Inc. v. Kaleidescape, Inc.
414:
RealNetworks, Inc. v. DVD Copy
Control Association, Inc.
360:
DVD Copy Control Association, Inc. v. Kaleidescape, Inc.
141:
RealNetworks, Inc. v. DVD Copy Control Association, Inc.
24:
RealNetworks, Inc. v. DVD Copy Control Association, Inc.
617:
RealNetworks, Inc. v. DVD Copy Control Association, Inc
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RealDVD also circumvented copy control measure in Sony
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DVD-Copying Tools Lose in Court, Flourish in Real Life
543:
DVD-Copying Tools Lose in Court, Flourish in Real Life
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In November 2009, RealNetworks filed an appeal to the
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RealNetworks Drops Fight to Sell DVD Copying Software
476:
474:
326:
United States Court of Appeals for the Ninth Circuit
449:, Electronic Frontier Foundation, October 10, 2008.
257:
DMCA claims on Sony ARccOS and Macrovision RipGuard
532:, Electronic Frontier Foundation, October 2, 2008.
691:DVD Case Will Test Reach of Digital Copyright Law
471:
468:, 2009 Cal. App. (Cal. App. 4th August 12, 2009).
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236:against RealNetworks on August 11, 2009 by Judge
191:(CSS), a technology commonly used on copyrighted
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634:RealNetworks appeals injunction on RealDVD sales
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610:
522:
353:321 Studios v. Metro Goldwyn Mayer Studios, Inc.
183:(DVD CCA) and the major motion picture studios.
482:RealNetworks Barred From Selling DVD Copy Maker
98:RealDVD, or any other similar software product.
588:
457:
455:
436:
420:, 2009 U.S. Dist. (N.D. Cal. August 11, 2009).
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175:This case involves the digital media company
433:, The Los Angeles Times, September 30, 2008.
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286:RealNetworks accused of evidence destruction
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737:Digital Millennium Copyright Act case law
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346:Universal City Studios, Inc. v. Reimerdes
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223:
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680:, The Washington Post, August 13, 2009.
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545:, The Washington Post, August 13, 2009.
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502:RealNetworks Loses DVD Copying Decision
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158:Digital Millennium Copyright Act (DMCA)
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484:, The New York Times, August 11, 2009.
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244:DMCA claims on Content Scramble System
693:, The New York Times, July 14, 2000.
649:, The New York Times, March 3, 2010.
530:Why MPAA Should Lose Against RealDVD
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507:
306:
144:, 641 F. Supp. 2d 913 (2009), is a
13:
208:that RealDVD neither violated the
14:
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589:Cheng, Jacqui. (March 5, 2009),
555:Kravets, David (March 5, 2009),
374:Digital Millennium Copyright Act
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210:Digital Millennium Copyright Act
124:Digital Millennium Copyright Act
29:
704:Hollywood Vs. Copycats, Round 2
660:"SupportFAQ - HandBrake - Trac"
652:
636:, Cnet News, November 10, 2008.
582:
548:
504:, PC Magazine, August 11, 2009.
732:2009 in United States case law
1:
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747:DVD Copy Control Association
228:The district court issued a
181:DVD Copy Control Association
154:DVD Copy Control Association
146:United States District Court
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447:Why Hollywood Hates ReadDVD
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295:Breach of license agreement
230:temporary restraining order
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301:Advanced Encryption System
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152:, the movie studios and
706:, Forbes, May 14, 2003.
189:Content Scramble System
621:No. 3:2008cv04548(MHP)
320:Subsequent development
234:preliminary injunction
727:Cryptography case law
466:176 Cal. App. 4th 697
431:MPAA vs. RealNetworks
224:District court ruling
666:on January 11, 2008.
206:declaratory judgment
702:Patsuris, Penelope
418:641 F. Supp. 2d 913
70:641 F. Supp. 2d 913
528:Von Lohmann, Fred.
445:Von Lohmann, Fred.
379:Anti-circumvention
238:Marilyn Hall Patel
162:anti-circumvention
128:Anti-circumvention
112:Marilyn Hall Patel
81:Subsequent actions
263:ARccOS Protection
137:
136:
85:No. 3:08-cv-04548
754:
707:
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689:Kaplan, Carl S.
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676:Pegroraro, Rob.
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662:. Archived from
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307:Antitrust claims
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103:Court membership
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156:regarding the
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645:Goel, Vindu.
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480:Stone, Brad.
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429:Healey, Jon.
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340:Related cases
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108:Judge sitting
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60:3:08-cv-04548
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742:RealNetworks
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664:the original
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597:Ars Technica
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570:November 23,
568:, retrieved
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202:Kaleidescape
185:RealNetworks
177:RealNetworks
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150:RealNetworks
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76:Case history
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518:§ 1201
218:§ 1201
56:Docket nos.
716:Categories
565:Wired News
385:References
363:agreement.
171:Background
577:hackers."
333:HandBrake
313:antitrust
132:Copyright
368:See also
356:content.
275:RipGuard
267:RipGuard
118:Keywords
66:Citation
212:(DMCA)
197:RealDVD
92:Holding
48:Decided
516:
349:drive.
271:ARccOS
216:
561:Wired
280:cache
38:Court
572:2013
193:DVDs
718::
609:^
599:,
595:,
574:,
563:,
559:,
489:^
473:^
454:^
438:^
392:^
179:,
130:,
126:,
619:,
464:,
416:,
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