RealDVD lose in the lawsuit, RealDVD is illegal

It has certainly been a long time coming, but in a case that has lasted the best part of a year Judge Marilyn Hall Patel has finally ruled in favor of the MPAA, which grants a preliminary injunction against Real to ban the sales of the program. The ruling states that while it isn't illegal for consumers to copy their own DVDs for personal use, it is illegal to provide consumers with a program that allows them to do just that. While that may not make a whole lot of sense on the surface, it is what law dictates, which protects access to details of copy protection codes, the content scramble system (CSS). The MPAA are satisfied with the courts decision, with head of the organization Dan Glickman quoted as saying "This is a victory for the creators and producers of motion pictures and television shows, and for the rule of law in our digital economy."

Real are said to be disappointed with the ruling, and will be examining the verdict carefully as they take a possible appeal into consideration.

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Can you legally copy movie DVD?

DVD copying is a controversial and highly sought-after process. Not sure if what you're doing is legal?

Up until February 2004, 321 Studios' hugely popular line of DVD-copying products, including DVD X Copy, DVD X Copy Xpress, and DVD Copy Plus, gave consumers the power to make backup copies of DVDs--even those with copy protection. But when a San Francisco federal judge ruled that 321 Studios' products were illegal because they circumvented commercial DVDs' antipiracy technology--not because it's illegal to make copies, mind you--the party was over. Since then, 321 Studios has released new, ripper-free versions of its line of DVD copying apps, but these programs are considerably less potent and cannot copy commercial DVDs.

The ability to create copies of the media you've purchased for personal use is a long-accepted facet of the fair-use doctrine in U.S. copyright law (at least, it used to be). However, the Digital Millennium Copyright Act (DMCA) states that it's illegal to break the CSS copy-protection mechanism employed by most commercial DVD movies. What does that mean? Most fair-use advocates say that the policy directly contradicts U.S. copyright law, but the DMCA seems to indicate that you cannot make a copy of a commercial DVD, even for personal use, and you certainly cannot give a copied DVD to anyone or watch copied DVD files on your computer. We assume that fair use will eventually catch up and be established as a safety valve for consumers (which has been the pattern with previous technologies, such as VHS), but for now, the territory is still uncertain and a bit dangerous.

Still, there is software out there--even freeware--that will circumvent the copy-protection schemes used on commercial DVDs and enable you to make copies of store-bought DVDs. However, we does not encourage or condone the illegal copying of commercial discs, and doing so places you in violation of current intellectual property law.

Now that 321 Studios' line of products can no longer copy protected DVDs, they join a competitive field of mainstream disc-copying programs that can duplicate unprotected DVDs--your own home movies, for example. Furthermore, there are a handful of inexpensive, full-featured suites that feature disc-copying components (again, of non-copy-protected discs). We've reviewed a few of them here; read on to see which are the best--and legal--to use for your copying needs.

Jon L. Jacobi is a San Francisco-based freelance writer and a frequent contributor to CNET Reviews. Don Labriola has been a frequent contributor to the mainstream computer press since 1991. Justin Jaffe is an associate editor for CNET Reviews, covering monitors, CD and DVD burners, and software

One of the biggest debates between the public and the recorded music industry is whether or not creating backup copies of personal CDs and DVDs is legal. Manufacturers state that making copies for any purpose is illegal because to do so is a copyright infringement, but the public is in favor of the Fair Use Act and the Audio Home Recording Act of 1992. These are open to interpretation, but in a nutshell – you may legally make a copy of your CD for personal backup if you were the one who bought (and still own) the original.

Legality issue in the United States

Under United States' Federal law, making a backup copy of a DVD-Video or an audio CD by a consumer is legal under fair use protection. However, this provision of United States law conflicts with the Digital Millennium Copyright Act prohibition of so-called "circumvention measures" of copy protections.

RealDVD lawsuit: What do people think?

As usual, this will only hurt the honest consumer just trying to make a backup of their purchase. It won’t stop the pirates. The only ones who benefit, the lawyers. — Perseus


As so many others have said:

If it can be read, it can be copied.

If you own it, you can make a copy for your personal use.

It’s illegal to distribute copyrighted material, but copying isn’t distribution.

It’s inappropriate to block everyone’s legal rights because a fraction of those individuals might perform a secondary act which is illegal.

Additionally:

Selling something individuals can get for free is silly, but companies pursue every opportunity for profit. At least Real’s product enables consumers, rather than so many products available which incorporate extensive technology designed to disable consumers (for which they pay handsomely). eg. HDMI and other encryption/lock-in efforts.


T he central issues was NOT whether there is a right to make a backup copy, but whether you can sell a device or software that hacks the security built into the product. Real tried to make this case about backup copies, but for the studios, you can’t address that issue unless you first protect against making copies of DVDs that aren’t backups. Real’s product allows one dvd to be passed around the dorm or the neighborhood (or to be rented then copied) and the studios couldn’t allow that to become the norm. Glaser’s response was the equivalent of “i just sell guns, but who fires them isn’t my responsibility”. The court rightfully said no - you deceived the DVD-CCA, you violated the license, and you broke the law.


As the owner of many damaged DVDs, otherwise known as a parent of young children, I can attest to the need to backup one’s DVDs. Software that enables one to do that, should be protected.


What is DMCA?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.

Movie DVD Copy - An alternative way of copying movie DVDs

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