RealNetworks Sues Streambox.com

Line Noise writes "According to an article on TheStandard, RealNetworks is accusing Streambox of violating the Digital Millenium Copyright Act with its Streambox Ripper and Streambox VCR. These products allow you to download and convert a RealAudio file into a MP3 or WAV, bypassing RealNetworks protection against piracy. "

Comments

Details on VCR and Ripper

[Zippy the Pinhead]

I'm a longtime user of StreamBox/2Bsys products, and a beta tester for the newest version of StreamVCR.

StreamBox VCR, formerly called X-FileGet, downloads Real content using the proprietary PNM and PNM/G2 protocols, as well as the publicly-available RTSP and Windows Media protocols. It uses no Real code. StreamBox is not the only company to do this. Windows Media Player handles RealAudio streams and files, and Oracle is apparently reverse-engineering Real protocols and formats so they can take advantage of Real's installed base for THEIR media server.

StreamBox Ripper, formerly RA2Wav, uses Real DLLs to read RealAudio files, just like a couple WinAmp plugins and (I believe) Windows Media Player. It allows you to write the output to WAV, WMA or MP3, just as if you were using TotalRecorder or Virtual Audio Cable with RealPlayer.

It's not clear what legal ground Real has to stand on. The legality of "space-shifting" and "time-shifting" licensed content has been defended in court and AFAIK, the programmer didn't disassemble any Real code.

However, it looks like Real is approaching this as a format-control issue, arguing that somehow, software that converts their format to another is illegal. It looks like a questionable lawsuit against a company that can't afford lawyers, meant to set a precedent before Real goes up against Microsoft or Oracle.

GPL Wave-to-Disk (WinNT only)

[Anonymous Coward]

A friend of mine found this related util that masquerades as a Windows sound driver so various non-saveable formats can be put as WAVs on your HD. NT only, but at least they have source code:

http://www.geocities.com/SiliconValley/Program/355 5/

Or, for click-friendliness: Wave to Disk

- The Archon

Nothing to do with copyright

[kaphka]

Don't let the title of the "Digital Millenium Copyright Act" fool you. It's not the same as traditional copyright law... if it was, then there'd be no need for a new law, of course.

According to established copyright rules, Real has no basis whatsoever for preventing folks from decoding, translating, or recording their streams. (In particular, they have no standing, because they generally don't own the copyrights on the data itself!)

The DMCA is a whole different ballgame. Basically, it makes it illegal to intentionally circumvent copy-protection mechanisms. If data is encoded transparently, and you just translate it into a different code, that's fine. But if it's encrypted, and by that I mean deliberately encoded in such as way as to make it difficult to decode it, then it's covered by the DMCA.

So let's assume that RealMedia is an extremely hairy file format. If it's extremely hairy because Real uses lousy programmers, then Streambox is fine. If, on the other hand, it's extremely hairy because Real doesn't want anyone else to be able to decode it, then Streambox is breaking the law.

I think it's clear that it's the latter, and Streambox is in trouble. But that's just an indication of how fundamentally wrong the whole idea of the DMCA is. It's nothing more than a tool for shoring up monopolies.

Makes you wonder why the government is going after Bill Gates like he's the antichrist, but handing more power to his competitors. (Could it have something to do with Microsoft's refusal to participate in the our system of government-by-lobbyist?)

(IA, of course, NAL.)

Streambox's press-release:

[Zippy the Pinhead]

Seattle court issues temporary restraining order against Streambox To prevent sale and distribution of streaming technology products

SEATTLE - Streambox, Inc. (http://www.streambox.com), a leading provider of proprietary streaming technologies for searching, acquiring, playing and managing audio and video files on and from the Internet, must temporarily halt the development, production and sale of various company products, pending a full hearing January 7, due to a temporary restraining order issued here today, the company has announced.

The restraining order was issued by the U.S. District Court in response to an action filed by RealNetworks (RNWK), which alleged that three products - Streambox Ripper, Streambox VCR and Streambox Ferret - have caused irreparable harm to RealNetworks.

"Their main complaint is that our Streambox Ripper product allows content owners to control file format, not RealNetworks. . But we believe that the larger picture of Real's whole tactic is about preventing migration of digital media files from RealMedia to other platforms, such as Microsoft's Windows Media," said Robert Hildeman, chief executive officer of Streambox. "We think that's unfair to both consumers and content providers." In view of the serious impact of the restraining order with respect to Streambox's business, the court also ordered that Real Networks post a $1 million dollar bond to cover any loss to Streambox if the Court later finds that the restraining order was wrongfully issued.

RealNetworks also alleged in the action that Streambox had violated the Digital Millennium Copyright Act and copyright infringement.

"I don't understand why they are alleging this when our products and technologies truly benefit the content providers and consumers," Hildeman said.

Hildeman said Streambox plans to release a version of its Streambox Ripper product that does not convert RealNetworks' media format. Streambox Ripper is a powerful utility that converts CD and other audio files to the popular MP3 format, allowing MP3 users to listen to millions of previously unavailable audio files, from music to audiobooks, talk radio, interviews and much more.

With the recent explosion of digital music on the Internet, and with the proliferation of popular portable MP3 players like RCA's Lyra, Diamond's Rio, Creative's Nomad and others, Streambox Ripper stands to play a pivotal role in providing much more audio content than ever before imagined, Hildeman said.

About Streambox:

Streambox is the world leader in the searching, indexing and categorizing of streaming media content on the Internet. The company offers full services in Internet streaming technologies that deliver end-to-end solutions for the searching, playing, acquiring, converting and transporting of streaming audio and video files.

Founded in 1999, Streambox provides Internet users with a powerful media portal, search engine and guide. The company extends its powerful technologies to a family of innovative audio and video software for PCs and other devices.

The combined technologies enable the company's customers to enjoy the fastest-growing segment of the Internet - streaming entertainment and information.

Contacts: Bob Hildeman, Streambox
425-702-9348
bob@streambox.com

Bob Silver, The Silver Company
206-624-0388
bob@thesilvercompany.com

A place to download

[bravehamster]

Since they had to take it off their site, get it here.

Streambox ripper

Some Comments

[dew]

If I'm not mistaken, the DMCA allows for the breaking of a protection code if it is for the purposes of interoperability. Since it's clear that transcoding RealAudio files to MP3 files would enable the song to be played in new environments (e.g., on a Rio), the creation of a transcoding tool is solidly within the realm of the DMCA's exception. I'm quite sure Streambox will win this case and collect their $1M bond from RealNetworks.

Incidentally, if this is the way things turn out, it will greatly strengthen the argument of those advocating Linux DVD solutions - it will show that the DMCA really meant what it says: it's okay to transcode for interoperability!

I think it should be clear who to cheer for.

David E. Weekly (dew, Think)