Judge Rules Against RealDVD

mattOzan writes "Judge Marilyn Hall Patel was unswayed by RealNetworks' defense of their product under the Fair Use Doctrine, as she declared RealDVD illegal and barred its distribution. As she said in her ruling, 'So while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.' She also said RealNetworks was aware of the conflict between their agreement and their plans for the software: 'Real did not elect to return (or destroy, with appropriate certification) the CSS General Specifications after it received them, as Real had a right to do under the agreement... This behavior indicates that Real understood it to be bound by the CSS General Specifications as well as the other technical specifications received after execution of the CSS License Agreement.'"

Comments

Handbrake, damnit.

[ZorinLynx]

Just use Handbrake. It's free, adds no DRM, and US law can't touch it because it's hosted outside the US.

I don't even know why people bother with the DMCA. It's US-only. Notice how all the fun cracking and releasing and such happens outside the US.

It only takes one person to rip the movie once. After that, copy protection is pointless.

Re:Handbrake, damnit.

[dlsmith]

Just use Handbrake. It's free, adds no DRM, and US law can't touch it because it's hosted outside the US

Actually, Handbrake is distributed without any DMCA-violating software. I don't know where it's hosted, but I don't think there's any legal impediment to distributing it in the U.S.

In order to read encrypted DVDs, Handbrake delegates to VNC, which users must download and install separately.

(I wonder if such an arrangement would really fly if it were tested by somebody like Real or Apple. It's probably too user-unfriendly and unsafe -- requiring your users to download a third-party piece of software which can't be legally distributed in the U.S. -- for anyone like that to try.)

Re:Handbrake, damnit.

[morgan_greywolf]

In order to read encrypted DVDs, Handbrake delegates to VNC,

No. Handbrake will use libdvdcss, if it is available, on any platform but Windows. VLC is mentioned because libdvdcss comes with VLC 0.9x.

IOW, while Handbrake itself doesn't violate the DMCA, it can be used to violate the DMCA by adding a library that actively violates the DMCA.

Also, for GP: DMCA is most certainly not US only. Other countries have laws similar to the DMCA on the books.

No, Clearly a Horrible Anti-Fair Use Ruling

[eldavojohn]

While I hate RealNetworks and all it stands for, and will never forgive them for taking over online media with their crappy bloated players and codecs....I think I hate the movie industry just a little more. Especially Sony Pictures. I think the net effect (as usual) is that this sucks for consumers.

No, the net effect is that there is no possible way to exercise your right to a single backup of a DVD for your personal use. Despite the 2007 DVD Jukebox ruling, every DVD copying solution seems to be illegal. So what you do not realize when you're purchasing DVDs is that they are not only effectively DRM'd, they ignore your right to fair use.

I'm interested in watching RealNetwork's antitrust claims against the industry. I could think of some very basic arguments to be used in that case. Hell, I think someone should take up the case of fair use violations against them.

When I buy a DVD, I want to be able to create a backup that I use and store the DVD in safe keeping. If they don't want me to do this, distribute your films on a more robust media. This ruling is down right horrible for consumers.

Re:No, Clearly a Horrible Anti-Fair Use Ruling

[Rogerborg]

there is no possible way to exercise your right to a single backup of a DVD for your personal use

You can write your own tool to do it, you just can't obtain one or give it to anyone else.

Note carefully that I didn't say that makes any sense, but the letter of the law does allow each individual to create and use such a tool, purely for their own personal use.

Re:No, Clearly a Horrible Anti-Fair Use Ruling

[TejWC]

Then I guess this gallery should be useful for a lot of people.

Re:No, Clearly a Horrible Anti-Fair Use Ruling

[schon]

You can write your own tool to do it, you just can't obtain one or give it to anyone else.

As others have pointed out, this is incorrect. I thought I'd include the actual letter of the law here:

TITLE 17 > CHAPTER 12 > 1201
  1201. Circumvention of copyright protection systems
(a) Violations Regarding Circumvention of Technological Measures.--
(1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

[...]

(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

Writing one yourself would be considered "manufacturing".

Purchase AnyDVD HD before it's illegal

[DigiShaman]

This is exactly why I purchased my own copy of AnyDVD HD with a lifetime license (does not expire). Slysoft update's the ripping program at least once every two weeks, so you know many bugs are being worked out with ripping DVDs and BD disks.

I would highly suggest purchasing this program before it becomes illegal to do so. If not by Slysoft, by some other company.

http://www.slysoft.com/en/anydvdhd.html

Re:Repeal the DMCA!

[MobyDisk]

Fair use does exist as a "right" according to the copyright act of 1976.