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Print E-mail del.icio.us 31 comment(s) - last by Smilin.. on Oct 9 at 6:22 PM

Jugde forces RealDVd off the market until documents in the suit filed by the MPAA can be reviewed.

Any reader of DailyTech is intimately familiar with RIAA and its strong-arm tactics against people who typically haven't even been proven guilty of sharing music. The RIAA has been known to drag people into court or threaten them with legal action to get suspected music sharers to pay damages out of court.

The Motion Picture Association of America (MPAA) has been similarly harsh with makers of software that allow the copying of DVD movies. The first software to fall under the MPAA 's guns was DVD X-Copy -- the software maker was forced out of business.

Software giant RealNetworks announced in early September that it would be bringing a new application to market that would allow legal owners of DVDs to make a single copy of the film that could be stored to a computer hard drive. The software is called RealDVD and RealNetworks said at its introduction that it believed that the program offered more than enough security in the form of encryption to protect DVDs copied with it from being illegally traded on file sharing networks.

RealDVD relied on the overturned ruling of the DVD Copy Control Association vs. Kaleidescape as an indication that the legal system was beginning to turn towards rulings more favorable to the software makers in DVD copy cases. The MPAA felt differently about RealDVD and filed a suit against RealNetworks to prevent it from selling RealDVD.

CNET News reports that the MPAA filed a suit against RealNetworks citing violation of the Digital Millennium Copyright Act and breach of contract. A judge has ordered RealNetworks to stop selling RealDVD until all papers involved in the case have been reviewed.

A notification on the RealDVD software page tells visitors, "Rest assured we will work diligently to provide you with software that allows you to make a legal copy of your DVDs."



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RIAA, MPAA....
By FingerMeElmo87 on 10/6/2008 1:03:21 PM , Rating: 5
....Screwing consumers since 2001




RE: RIAA, MPAA....
By PhoenixKnight on 10/6/2008 1:16:52 PM , Rating: 5
They've been screwing consumers a lot longer than that. We just didn't really start noticing until 2001.


RE: RIAA, MPAA....
By FingerMeElmo87 on 10/6/2008 1:30:08 PM , Rating: 3
yeah, but it wasn't until the proliferation of high speed internet did they REALLY start to rear there ugly heads


RE: RIAA, MPAA....
By flutedude2005 on 10/6/2008 1:43:54 PM , Rating: 2
I've been using Napster, Kazaa, and Limewire ever since I got 56k...HSI made my appetite insatiable.


RE: RIAA, MPAA....
By Chadder007 on 10/6/2008 2:44:11 PM , Rating: 5
If I were them, I would counter sue the MPAA for potential lost sales during this downtime for them.


RE: RIAA, MPAA....
By majorpain on 10/6/2008 3:00:35 PM , Rating: 5
DVD Decrypter "still" working like a charm since 2005... :D


RE: RIAA, MPAA....
By FITCamaro on 10/6/2008 4:43:52 PM , Rating: 2
Yup I still use it.


RE: RIAA, MPAA....
By chick0n on 10/6/08, Rating: -1
RE: RIAA, MPAA....
By Hiawa23 on 10/7/2008 6:56:10 PM , Rating: 2
DVD decrypter has been working fine for years


Is AnyDVD next?
By Pirks on 10/6/2008 1:35:34 PM , Rating: 2
AnyDVD HD should have been first in line actually. I don't understand MPAA's logic. Kill minor rippers and let major things like AnyDVD HD walk away?




RE: Is AnyDVD next?
By OrSin on 10/6/2008 1:59:52 PM , Rating: 3
AnyDVD you have to have the DVD in the drive to pull it. Now after you pull it you can what ever you want, but the wording of the law allows for this.

AnyDVD does not in any way make copies, it just allows for access. Thats why AnyDVD can never be bundled into any ripping program.


RE: Is AnyDVD next?
By Segerstein on 10/6/2008 2:07:28 PM , Rating: 2
Suspending US copyrights and patents is a part of WTO sanctions by Antigua, indended to punish US.

AnyDVD is a result of those sanctions.


RE: Is AnyDVD next?
By mmntech on 10/6/2008 3:38:54 PM , Rating: 5
It's not about piracy or DMCA violations. It's all about who controls the content. The MPAA cartel wants to maintain exclusive and total control of everything they produce. If you allow consumers to copy DVDs, they loose this control. DRM and the DMCA are only tools to achieve this end. The piracy excuse is used as a PR tool as it makes the MPAA/RIAA seem like the victim. People are more likely to accept the restrictions if that's the case. Maintaining this system allows them to create artificial sales. This is done by forcing ignorant consumers to purchase additional "digital" copies of movies they already own if they want the film on their PMP. I use the term artificial sales since these sales would not exist if people could legally rip their existing movie collections. (People will still buy digital copies if they don't own the DVD version) This isn't my crackpot conspiracy theory. Content producers have basically admitted that this is why they use DRM. All this is what makes the DMCA so flawed since it essentially promotes archaic (and sometimes unethical) business practises and double standards (ie CD ripping is legal).

It's technically not illegal to copy a movie you own for personal use. It's the breaking of the DRM that's illegal under the DMCA. RealNetworks has claimed that RealDVD does not break CSS, which was their defence. I'm surprised such a large company didn't have every single lawyer working for them telling them not to go ahead with this.


Damn the MPAA & RIAA
By ralniv on 10/6/2008 3:49:16 PM , Rating: 2
They chop off their nose despite their face. They take away our only option for DRM-friendly DVD copying and we are left to choose between defeating DRM or not making a copy. I choose the earlier!

I'm a proud user of AnyDVD and requiem, and have violated the DMCA more times than I can count, but have never made a song or video available for download. I freed up my iTunes collection so that I can play my music from Linux and I make menu-less DVD movies for my SUV so my kids can watch movies without me needing to navigate a menu while driving.

I guess this makes me an honest, non-cheating, no-stealing criminal.




RE: Damn the MPAA & RIAA
By MamiyaOtaru on 10/6/2008 8:44:50 PM , Rating: 1
"They chop off their nose despite their face."

It's "cut off your nose to spite your face". What the hell is it with people parroting idioms without having any clue what they mean or even how to say them?


RE: Damn the MPAA & RIAA
By Smilin on 10/7/2008 11:46:17 AM , Rating: 4
Dunno. "I could care less."

:P


RE: Damn the MPAA & RIAA
By rcc on 10/7/08, Rating: 0
RE: Damn the MPAA & RIAA
By Smilin on 10/9/2008 6:22:52 PM , Rating: 3
There deliberate.

That's why I used quotes they're.


Whatever happened to innocent until proven guilty?
By Lord 666 on 10/6/2008 1:01:54 PM , Rating: 1
Yes, I understand under DMCA you can pull copy righted stuff off market, but this is BS.

Lawsuits and overall greed is why the US is just a small reason we are in this financial pickle.




By BillyAZ1983 on 10/6/2008 1:31:54 PM , Rating: 2
What about the fact that in a previous DT article, someone stated that RealDVD actually leaves the encryption on the Copied DVD making it just as hard to copy the copy as it is from the original disc. If the software also limits you to copying the disc once, I see no reason for this to be considered an illegal pratice.

Seems like to me Hollywood/Music Industry should finance the Bailout Congress just passed since they seem to be raking in the dough, so to speak.


By omnicronx on 10/6/2008 1:46:06 PM , Rating: 2
quote:
What about the fact that in a previous DT article, someone stated that RealDVD actually leaves the encryption on the Copied DVD making it just as hard to copy the copy as it is from the original disc. If the software also limits you to copying the disc once, I see no reason for this to be considered an illegal pratice.
Ya this is what I also thought, but further investigation shows that Real licensed out the CSS encryption scheme, and they reverse engineered it.

The license stipulates that you cannot use the encryption without the physical disc in the drive, so even though they are not bypassing the CSS, their software violates the license agreement for CSS because the full DVD image is located on your hard drive, and you can play it without the disc in the drive.

Pulling the product does not mean that the RIAA has won already though, I am guessing that if real proves the license does not apply to this product, then they are in the clear... but who knows with the RIAA, it may be a fight that is just not worth, especially if it lasts any longer than a few months.


By clovell on 10/6/2008 1:45:43 PM , Rating: 2
Well, the article didn't mention that sales are only suspended until Tuesday. It's still pretty sketchy, though, I agree.


Lawsuits
By shabodah on 10/6/2008 2:48:27 PM , Rating: 5
Why the heck is it legal for Xerox to sell copiers?!??!?




RE: Lawsuits
By chmilz on 10/6/2008 6:38:52 PM , Rating: 2
Invent a method to playback mp3's on paper and they'll get that lawsuit.


By zzchipster on 10/6/2008 4:02:10 PM , Rating: 2
i purchased as soon as it was available only to have added a monster to my computer...would not run without crashing dell 6 month old m1330...after sveral calls to support i saw they were clueless in india or wherever, and was lucky to get the uninstall to work...i purchased early figuring it would be pulled only to get the blue screen of death or video card/browser lockdown...would not run after multiple attempts...dont think you are missing anything...




By Bateluer on 10/6/2008 4:06:50 PM , Rating: 2
How dare you! :p

Incidentally, I've also violated the DMCA on numerous occasions. Just this weekend, in fact, with my newly purchased copy of Imperium Romanum. Securom told me to use the original disk and not a backup when I attempted to start the game. It took a matter of minutes to attain a no-disk crack so I could play the game.

And I've converted all my TV show DVDs to digital formats on my hard disk. The only files I upload these days are fan subbed anime.


By chick0n on 10/7/2008 12:09:15 AM , Rating: 2
Yep, thats just sad.

I have a copy of Bioshock in my computer. I beat it long time ago. but couple weeks ago I just wanna load it up and try it "again". then it ask me to Reactivate and I have put the original Disc in. I was like. da hell ? So I went and downloaded a No-CD crack. Once and for all.

When will these dumbasses learn that, DRM suck and it will be cracked within hours ? if I have time I will make the crack myself. sheesh. its not that hard to break SecuRom anyway (even Starforce suck ass, but lets not get into that)


Reading this article
By Smilin on 10/6/2008 3:19:50 PM , Rating: 3
Is kinda like watching a little mime getting beat up by a bigger mime. You don't want to see the little guy get beat up but you have to face the fact that you want to beat him too.

I want to stick up for realnetworks but honestly I would never touch their products with a 10ft pole.




Re: AnyDVD
By temj on 10/6/2008 1:58:11 PM , Rating: 2
quote:
AnyDVD HD should have been first in line actually. I don't understand MPAA's logic. Kill minor rippers and let major things like AnyDVD HD walk away?


AnyDVD does not fall under United States DMCA (Digital Millennium Copyright Act) because it is established outside of United States.




Reading this article
By Smilin on 10/6/08, Rating: 0
RE: Reading this article
By phazers on 10/7/2008 12:48:30 PM , Rating: 2
I have to agree - I would never install any RealSPYWare on my computer either...


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