Judge bans sales of RealDVD

By on August 12, 2009, 5:14 PM
RealNetworks suffered yet another setback yesterday, as U.S. District Judge Marilyn Hall Patel backed up an earlier injunction that prevents it from manufacturing or selling its RealDVD disc-copying application on the grounds that it breaks copyright law. The original injunction came on October last year shortly after the software’s debut, and it will now hold until the case is resolved at a full trial.

Often criticized online for its lackluster software history, RealNetworks actually found support on message boards and blogs for releasing RealDVD and standing up against the almighty Hollywood studios. But as far as legal issues are concerned, things are still on sketchy ground.

RealNetworks claims use of its RealDVD software falls under the fair-use doctrine, as it allows the copying of legally owned DVDs without breaking or modifying the original CSS encryption nor allowing users to distribute their backups. At the same time, however, it also opens up the possibility of borrowing or renting DVDs to make digital copies of them. But should RealNetworks be held liable for what use people give to the software?

Essentially what the courts are telling consumers is that it’s okay to make digital backups of their DVDs but not to build the tools necessary for the job – negating the possibility of fair use in the first place. A final decision is still to be made at a future trial; in the meantime you can resort to one of many readily available free and paid tools that offer similar disc-copying functionality.

User Comments: 5

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tengeta tengeta said:

This is insane, next thing you know I'll have to pay the original lock maker a fee every time I get a key copied because of licensing bullcrap.

This is what the people stealing the industry's "creations" mean when they say "They simply don't and won't EVER get it".

Darkshadoe Darkshadoe said:

This is what everything is coming to anymore. Your not going to be able to sell your used car without a licensing agreement from the original manufacturer. I can't wait till these 'make it up as you go along' copyright laws bleed over into people's everyday life. Pretty soon you gonna be told you cant put a Holley carb on that old Camaro because Chevy has a licesing deal with another carborator company and in taking off the original carborator, you are circumventing the copyright protection of the 4 bolts holding the carb on the manifold. Sounds silly?...you just wait

9Nails, TechSpot Paladin, said:

Up next, Judge ban's sales of Xerox machines because a book publisher said so.

What are the connections between these judges and the industry?! Seems to me like someone is getting paid-off behind the door. I don't know how fair use can be trumped by corporate greed in public courts. I call B.S. on this ruling.

JudaZ said:

Well the old saying that "Cash is king" still rings true...but what the industry seem to miss is that pirates often run of with the gold, and ignore stupid rules created by others.

David40 said:

If that happened to me I'd be so pissed off at not being able to sell the software I would release it as a bit torrent and distribute it free to everyone. It would be my way of saying F you judge!

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