October 7th, 2008
Updated: Restraining order against RealDVD stands
Update: BetaNews reports the injunction is in place until Nov. 17. And they point out the impact of an extended injunction can be substantial. In Real’s case, however, this is just one more product; not having it doesn’t fundamentally interrupt the business model. Or does it? I recall when the product was announced, the NPR reporter noted that Real had pretty much failed to make headway in digital media by playing ball with the studios. RealDVD was to be Real’s becoming relevant to users in ways that Rhapsody failed to do. Guess they got their wish: they are now Public Enemy #1 as for as Hollywood is concerned. Here’s Beta’s look at what happened to
321 Studios in 2004:
Chief Executive Robert Moore announced that the company’s operations could grind to a halt in the near future. 321’s controversial flagship product DVD X Copy, which bypasses rights management applications, was deemed illegal by a San Francisco judge who consequently ordered the company to pull its product from the market. This legal setback, coupled with the significant loss of revenue stemming from the judge’s decision and a recent round of lawsuits, set in motion the chain of events that led to Moore’s dire proclamation.
As I suspected, Judge Marilyn Hall Patel today granted a temporary restraining order against Real’s selling its RealDVD software. Real’s next hope: a full-blown hearing into a permanent injunction.
The judge said she needed more time to fully investigate whether the software in fact violates the Digital Millenium Copyright Act’s prohibition on circumventing copy protection schemes, Wired reports.
I am extending the temporary restraining order because I’m not satisfied in the fact that this technology is not in violation. There are serious questions about copyright violations. There are questions about violations of the [Digital Millennium Copyright Act], and violations of these companies’ agreement.
