The judge considering whether to extend a temporary restraining o...
The judge considering whether to extend a temporary restraining order banning RealNetworks’ DVD-copying technology into a preliminary injunction expressed interest during closing argument Thursday in issues cutting both ways in the case. During the half-day session, U.S. District Judge…
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Marilyn Patel in San Francisco asked the attorneys both about opportunities for unlimited copying of a DVD movie using the RealDVD technology, a point pressed by lawyers for the movie studios, and about the fair-use interests of consumers, a matter raised by Real. Bart Williams, representing the studios, emphasized that a DVD could be passed around for copying among an unlimited number of RealDVD owners. He said previous court decisions make clear fair-use isn’t a defense to the studios’ allegation that RealDVD would violate the Digital Millennium Copyright Act’s ban on devices to circumvent copy controls. Reginald Steer, arguing for the DVD Copy Control Association, said RealDVD would make a mockery of the clear and often-stated purpose of Real’s licensing agreement for the Copy Scramble System DRM and the specifications it included -- to prevent unauthorized DVD copying -- and several specific provisions. They both said Real had sought to twist the meaning of the law, its agreement and how RealDVD works in an attempt to justify the technology. Don Scott, representing Real, stressed that RealDVD would allow a user to make only one digital copy of a DVD that couldn’t be duplicated itself. This would prevent the kind of rapid, massive copying that’s the real threat to the copyright owner and the harm that the CSS license aims against, he said. He said RealDVD not only complies with the CSS specs, it also adds to copies the Advanced Encryption Standard protection that the studios use on Blu-ray Disc. While RealDVD is sidelined, other products in the market do essentially the same kind of copying -- Kaleidescape is under legal challenge but others are free of that, Scott said. Real would need cooperation from the studios to stop serial copying of a DVD by RealDVD users, but the companies have withheld the help, he said. The closings capped five days of opening statements and testimony in the hearing, stretching back to April. Patel could rule whenever she’s ready. Real countersued the studios last week on antitrust grounds that they conspired to keep the company out of the market to protect their Digital Copy business. The court papers said the effort had killed RealDVD’s chances in the market.