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RealNetworks, Film Industry Headed To Court
netbuzz writes "Apparently tired of waiting to be sued by the movie studios over its new DVD-to-PC copying software, RealNetworks this morning announced it will file a preemptive lawsuit in an attempt to authoritatively establish that the product does not infringe on copyright restrictions. Within an hour or so, the Motion Picture Association of America said it would have a litigation announcement of its own this afternoon."
You want Real Networks to win. If they win, everyone (but the MPAA) wins. If the MPAA wins, everyone else loses.
does RealNetworks' DVD copying software _charge users $20_ for burning DVDs playable on multiple computers (still limited to a maximum of 5)?
how can they purport to be a champion of consumer rights/fair use when they're charging users to burn copies of their own DVDs and restricting users from playing these copies from more than 5 computers?
and who exactly are users paying the $20 to for being able to play their copies on more than one computer if not the MPAA or film makers? they actually have the galls to charge users for an additional license fee on works that they don't hold the rights to, and then they're turning around and saying that they're defending fair use rights? what a load of BS.
consumers should be allowed to make backups of their purchases without DRM and usage restrictions. they shouldn't have to pay for the right to make DVD copies that are playable on multiple computers, much less pay RealNetworks for that right.
There's a quote from Henry Kissinger regarding the Iran-Iraq War that is apropos: "The only problem with this war is that only one side can lose."
"As God is my witness, I thought turkeys could fly." A. Carlson
I've heard of it before. It has to do when someone is threatening you with a lawsuit, but not following through. Rather than let that threat of a lawsuit affect your stock price, allowing the fear of it to affect your strategery, etc, it's best to just demand the court's rule and get it over with.
Essentially, it's calling in a game of poker. Only rather than letting the cards do the talking, you're letting the judge settle it.
I think it's more that if you're 100% sure you're going to be sued anyway, you might as well be the one to take this to court yourself. It makes your filing the first impression in the case, I'm not sure if it gives you advantages to what court will hear it but maybe, and it conveys a sense of "Yes, we know what we're doing and it's not illegal" as opposed to most that get sued are squirming a little over being dragged to court. I don't think they ever expected the MPAA not to sue.
Live today, because you never know what tomorrow brings
Their motivation is commercial, but RealNetworks is nevertheless defending (some aspects of) fair use. What is very important is that RealNetworks is saying that content owners do not get to make the final determination of what is and is not fair use.
The content owners have been overreaching on copyright by a large amount and for a long time now. I happen to think the current copyright law gives them far too much. But even saying "you only get to take what the law gives you and no more" would be an improvement on the present situation.
Some nice action in the commercial marketplace to push the grabby MPAA back into the spacious terrain that's been staked out for them is a Good Thing.
"How to Do Nothing," kids activities, back in print!
*continues to use mencoder since it is maintained and community developed*
For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
Seriously though, all of these DRM schemes (Real, CSS itself, FairPlay, whatever) are attempts to tie the license to a copyrighted work to a specific device as opposed to a person . Therein lies the root of the entire problem.
It's not so much how the content is encrpted or what it works with or doesn't. That's the big red herring in all of these arguments. The important question is "what do customers actually buy?"
Are you buying a physical copy? That is the old model - go to the store, buy a disk, and it plays on all your devices. If it breaks or wears out, you buy another.
Are you buying a license to use the work instead? If so, the customer's rights are seperate from the physical copies. See, for example, site licenses for software, where you may have one CD and 100 licenses that can be moved from device to device as needed.
The whole idea behind these DRM schemes is an attempt to sell copies under the "old model" when the market is demanding the second, and is enabled by current technology such that it's now feasible for things to work that way. Indeed, it appears that the *AA are really trying to combine the worst aspects of both models to create a "third way" that really boils down to rent-seeking instead of sales. In other words, content is never purchased, but is merely rented.
The solution is a model where the works are licensed to an individual. The *AA could easily provide a "registration service" for specific works that could be referred to if a question as to licensing ever arose.
Copyright is not per se a bad thing at all, but the abuse of it to generate repeat sales of the same works to the same individual IS flat-out evil.
Real looks to be pulling a publicity stunt.
Possibly, or possibly they're trying to protect their own interests, much as Red Hat was when they preemptively sued SCO.
to attract attention to their terrible company
Ah yes, we all know that companies never change: IBM is still a hostile predator who refuses to acknowledge any software that wasn't developed in-house. They'd never in a million years consider supporting something as alien as Linux.
The nineties called and want their whine back (as well as their stale "decade X called and wants its Y back" joke). :)
I find it ironic when Windows users whine about Real (and in my experience, it's only Windows users that whine about Real). Everything they complain about in Real is among the reasons I stopped using ... er, actually, never really started using ... Windows. What's the difference between MS and Real? Real's main product is 90% open source, they actively support the community development efforts, their software has been bundled with Debian for years (at least, the 90% which meet the DFSG), they actively support Linux, and they seem to have made a massive effort to change their corporate culture since they hit rock-bottom in the early part of this decade (not unlike how IBM changed after bottoming out after the PS2 disaster). But some people can't forget the fact that they once saw an ad ten years ago, so Real will be evil forever. Dumbasses! :)