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

BitTorrent, the legal way of getting backup copies

[Shin-LaC]

If it's legal to store backup copies of your discs, but you can't legally buy a tool to make them, it seems that the only way to exercise your fair use rights is to download backup copies from BitTorrent and similar services.

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

[foniksonik]

More robust media would actually mean that the media in question should come with it's own backup, in a burnable format so that a consumer could make a duplicate of the DVD/BlueRay/CD/etc *when* that physical media gets scratched or damaged in such a way as to make it non-playable on the intended media reader.

If consumers want to rent a movie or music there are options available. If they want to purchase a movie with a lifetime license to view said movie then they deserve either a) lifetime warranty on the physical media or b) a means to backup and duplicate the media to ensure continued viability of their purchase.

Anything less should be a violation of consumers rights and a violation of the law.

Yes it is a burden the media companies may not like. OTOH they do profit from the sale of the media on these portable yet fragile formats and therefore assume the risk themselves out of business interest.