Thursday, October 2, 2008

MPAA sues RealNetworks for DVD-copying software

THIS week RealNetworks released software that lets people copy films on DVDs, sparking a heated legal battle with Hollywood film studios fearful of rampant piracy.
The Motion Picture Association of America (MPAA) rushed to federal court in Los Angeles and filed a lawsuit demanding that RealNetworks be stopped from distributing its RealDVD software and be made to pay cash damages.
"RealNetworks' RealDVD should be called StealDVD," MPAA general counsel Greg Goeckner said in a statement.
"RealNetworks knows its product violates the law and undermines the hard-won trust that has been growing between America's movie makers and the technology community."
RealNetworks countered by saying it will file legal paperwork asking the court to rule that the software enabling people to copy movie DVDs is legal because it complies with a DVD Copy Control Association license agreement.
"RealNetworks took this legal action to protect consumers' ability to exercise their fair-use rights for their purchased DVDs," the company said in a release.
"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."
The software at issue was made available online at www.realdvd.com for $US29.99 ($38.09).
The MPAA is urging the court for a temporary restraining order that would immediately stop the software from being distributed.
MPAA lawyers argue RealDVD violates the Digital Millennium Copyright Act because the software "illegally" bypasses copyright protection built into DVDs to protect against piracy.
"Major motion picture studios have been making major investments in technologies that allow people to access entertainment in a variety of new and legal ways," Mr Goeckner said.
"However, we will vigorously defend our right to stop companies from bringing products to market that mislead consumers and clearly violate the law."
RealDVD enables users to engage in a practice referred to as "rent, rip and return" in which unauthorized copies are made from rented film DVDs, according to the MPAA.
RealDVD software enables "massive theft of creative content," the lawsuit argues, noting that the Digital Millennium Copyright Act prohibits the trafficking of technology designed for the purpose of circumventing copyright safeguards.
RealNetworks says RealDVD maintains original copyright protections on copied films and essentially "locks" duplicate DVDs to people's computers to prevent improper sharing.
"RealDVD allows consumers to securely store, manage and play their DVDs on their computers," RealNetworks said. "It does not enable users to distribute copies of their DVDs."
The MPAA estimates that illegal copying and bootlegging of movies costs the worldwide motion picture industry $US11 billion ($13.97 billion) annually and that is loses another $US7 billion ($8.89 billion) to "illegal internet distributions."
MPAA members include Sony Pictures Entertainment; Walt Disney Studios Motion Pictures; Paramount Pictures; Twentieth Century Fox Film Corporation; Universal City Studios, and Warner Bros. Entertainment.

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