Print 122 comment(s) - last by rcc.. on Oct 7 at 12:32 PM

Movie studios revive the RIAA's "making a copy" equates to "stealing one copy" argument

The RIAA and music labels gained a bit more notoriety when one of its associates, Sony BMG's head of litigation Jennifer Pariser, remarked during a case, "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'."

Now the MPAA, which typically follows closely in the RIAA's footsteps, is suing software maker RealNetworks and making similar remarks.  In a similar mentality, which some say punishes the paying customer,
Paramount Pictures, Twentieth Century Fox, Universal Studios, Warner Brothers, Columbia Pictures, the Walt Disney Company and Sony have all filed suit against the company, which claims it only wants to provide content owners with a means of backing up their DVDs.

Greg Goeckner, executive vice president and general counsel for the Motion Picture Association of America, says that users shouldn't get to copy their DVDs -- even those they own.  He states, "RealDVD should be called StealDVD.  RealNetworks knows its product violates the law, and undermines the hard-won trust that has been growing between America’s moviemakers and the technology community."

Seattle-based RealNetworks found itself targeted after it released its RealDVD software, available for $30.  RealNetworks is no rogue operator -- rather it’s the software giant behind the RealPlayer software and the Rhapsody music subscription service, the second largest legitimate online music retailer.  Nonetheless, it found itself the target of the MPAA's aggressive campaign, which seeks to block any private DVD reproduction. 

RealNetworks is standing tall against the MPAA and blasted back in a tersely worded statement Tuesday.  The statement read, "We are disappointed that the movie industry is following in the footsteps of the music industry and trying to shut down advances in technology, rather than embracing changes that provide consumers with more value and flexibility for their purchases."

RealDVD conforms to all Hollywood’s rules on DVD protection by encrypting the digital copies.  This is intended to prevent filesharing.  Still, studios claim the program violates the 1998 Digital Millennium Copyright Act, an all-reaching act used for everything from web takedowns to filesharing cases.  The studios say that by overriding anti-copying mechanisms on the DVD, RealDVD is breaking the law.  The studios are seeking an injunction to prevent the program's sales.

A frustrated RealNetworks fired back with a countersuit of its own against the studios in a federal court in San Francisco on Tuesday.

This case will like bear major ramifications on the movie industry, and DailyTech will be following it closely.

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RE: Fair Use? Maybe?
By theapparition on 10/1/2008 2:41:20 PM , Rating: 5
I have no problem with movie studio's new insistance that we only purchase "rights", not ownership.......only if they then agree to provide those rights into any format I request, and replace damaged media for free.

Until they offer this (and I won't hold my breath), I will consider the purchase of physical media as ownership.

RE: Fair Use? Maybe?
By Solandri on 10/1/2008 3:11:49 PM , Rating: 5
Don't forget free/discounted upgrades. If I already have a license for a movie on DVD and want to get it on Blu-Ray, I shouldn't have to pay the same price as if I had no license at all.

RE: Fair Use? Maybe?
By download7 on 10/1/2008 11:57:57 PM , Rating: 2
And Also dont forget that you/we want to be able to play this licensed movie on any device we have without stupid DRM BS.

RE: Fair Use? Maybe?
By Alexstarfire on 10/2/2008 8:53:47 AM , Rating: 2
Here's to the day hell freezes over. Cheers.

RE: Fair Use? Maybe?
By rcc on 10/1/08, Rating: 0
RE: Fair Use? Maybe?
By Jimbo1234 on 10/1/2008 10:25:53 PM , Rating: 2
A dish has no content. However, I buy a paper dish for parties so my real dishes don't get broken. This is equivelant to buying a blank disc to put your movie (desert) onto in the car so the kids don't trash the original.

RE: Fair Use? Maybe?
By theapparition on 10/3/2008 5:51:32 PM , Rating: 2
Maybe the dumbest reply I've every read. I'm usually not that hard on people, but do you even have a clue?

Maybe this will clear it up.......maybe???

If I buy a dish, and break it.......I don't expect them to replace it.
If I buy a dish "licence".........I absolutely expect them to replace it.

Got it?

RE: Fair Use? Maybe?
By rcc on 10/7/2008 12:32:00 PM , Rating: 2
Nope, I don't get it. In the example, the OP broke the media. The license was still valid.

See, he broke something......... His problem, he pays. Get it????

I agree that there are other marketing methods that may work better for this industry. But as far as back ups go, it's a matter of convenience, it's easy to do so people expect they should be able to do it. If that were the limit, no one would have a problem. But, someone always has to take advantage, and that ruins it for everyone else.

I'd love to have a back up of my car, or dishwasher.... But even if I'm leasing a car, I'm responsible for damage I do to it.

So, go buy a clue if you need one. And take your petty self righteous attitude with you.

All meant in the nicest possible way, and IMNSHO, of course.

RE: Fair Use? Maybe?
By Denithor on 10/2/2008 3:14:34 PM , Rating: 2
I think this is the key problem, they won't replace damaged media. I have a buddy who makes copies of all his kids' Disney movies because, let's face it, kids are tough on relatively fragile DVDs. One good scratch and you gotta buy another copy of their favorite movie? Gimme a break...

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