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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.'"
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.
So it's perfectly legal for customers to make their own backup copies of media, just as long as it's impossible for them to do. God, I love modern IP law!
Well, I guess everyone could go get a programming degree and write their own copying software. Or we could just break the law (since the law at this point has turned almost 100% of the citizens of the world into lawbreakers already, in one form or another).
And before any of you jump in to point out that the DMCA is just a U.S. thing, you had better keep in mind that the DMCA is just the U.S. implementation of the WIPO COpyright Treaty, so these types of court cases are probably in the pipeline for your country soon too!
SJW: Someone who has run out of real oppression, and has to fake it.
It's an affront to fair use. The courts however, have acted in the obviously correct manner. The DMCA is very clear, and leaves no wiggle room. It was designed very carefully to ensure it would prevent people from using any unauthorized software with DVDs.
Fortunately, this does not yet affect my ability to read DVDs under Linux.
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.
My work here is dung.
FTA: '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.'
Yes, the law says you can make and keep a backup copy of your DVD. But since the law also says that making or delivering a tool to do that is illegal, what are consumers expected to do?* Not everyone can afford to hire Superman to come over for the evening to burn backup DVDs with his laser vision. (Not to mention, he gets bored and starts flipping bits for the hell of it.)
*BTW: consumers are expected to buy the same DVDs multiple times as they get scratched up, left on a windowsill to warp by your nephew or chewed up by your dog, That's what consumers are expected to do.
Death looks every man in the face. All any man can do is look back and smile. - Marcus Aurelius
I don't even know why people bother with the DMCA. It's US-only
For the time being. Come back to me in 1-5 years. I guarantee other countries will have their own DMCA. Canada is next. Mark my words. You seriously underestimate the global influence the RIAA/MPAA have. Just look at Sweden. They were able to pressure the local authorities to raid TPB and bring them to court and pass wiretapping laws which allow authorities to pursue file sharers. Insane!
The MPAA/RIAA will only lose influence when the American dollar finally takes a dump.
However, the reach of the DMCA is vast and it does not allow courts the discretion to make this assessment and render a value judgment untethered from the language of the statute. In the words of Justice Cardozo, âoe[l]aws are not to be sacrificed by courts on the assumption that legislation is the play of whim and fancy.â People ex rel. Alpha Portland Cement Co. v. Knapp, 230 N.Y. 48, 62 (1920).The court is bound by the DMCA provisions at issue, even if it determines the extent to which innovative technologies realize their future potential.
Basically, she's saying that Congress wrote this law, and it's not unconstitutional, so she can't strike it down. If you want to change it, contact your legislator. Don't biatch at her.
It's said that in a democracy people get the government they deserve. Until we start voting these issues, the lobbyists will own the law.