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

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

[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".