Tuesday, October 07, 2008

Judge Continues Restraining Oder in MPAA, RealNetworks Case

A federal judge on Tuesday upheld an earlier decision and banned RealNetworks from selling RealDVD, its DVD-copying software.

Federal court judge Judge Marilyn Patel issued a tentative decision in the case on Friday requiring that sales be halted pending a hearing Tuesday. Today she renewed that decision blocking all sales of RealNetworks' RealDVD software.

After a three-hour hearing she kept her decision intact so she could have additional time to learn for sure whether RealDVD circumvents encryption software in violation of the DMCA.

Judge Patel suggested there was enough evidence, at least for now, of a DMCA violation. "I'm not satisfied that in fact this technology is not in violation of the DMCA," Patel ruled from the bench.

In their argument against a temporary restraining order, Real claims that it is complying with the terms of its DVD-CSS (Content Scrambling System) license and that the studios have no claim under the Digital Millenium Copyright Act (DMCA).

RealNetworks attorney James DiBoise countered: "This is literally a bit for bit copy of the dvd and continued by saying consumers had a "fair use right" to copy DVDs for personal use.

More information on the lawsuits: MPAA, RealNetworks Sue Each Other Over DVD Copying

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