Real DVD In Court, MPAA says copying DVDs never legal
The MPAA（Motion Picture association of America) is accusing the RealDVD of violating its license to use the DVD CCA's Hollywood-sanctioned copyright-protection technology. Real DVD is banned from selling DVD program since the suit began at Septeber last year. The case potentially could go a long way to determing whether it's lawful for a consumer to make backup copies of their DVDs and is being closely watched by fair use proponents.
Real has been dealing with the legal fallout from his RealDVD software since September of 2008—before it was even released to the public. The software claimed to be able to rip DVDs while still preserving the discs' copy protection mechanisms. At that time, Real seemed confident that RealDVD operated well within the DMCA because the software didn't break the CSS encryption—it merely copied it straight to a hard drive, keeping the encryption intact. Additionally, RealDVD added a new layer of DRM to each file to lock the files to the user and PC that created them, which the company thought would keep it on the movie studios' good side.
Unfortunately, Real thought wrong. Almost immediately, the Motion Picture Associaton of America (MPAA) sued Real, claiming that the company had violated DMCA anticircumvention rules, referring to RealDVD as "StealDVD." Real sued right back hoping to get a judge to declare RealDVD as legal early on, but instead, a judge granted a temporary restraining order against the company, halting the sales of RealDVD.
The importance of the case is in the flexibility it could give to consumers in legally copying DVDs. A win by RealNetworks would make it possible for third-party software makers to build applications to let people copy and store DVDs on their PC hard drives. RealNetworks, however, is not arguing that people should be able to share those files. Its RealDVD only allows the content to be shared with up to four other computers for an additional fee.
Is copying DVD legal?
This is a hot topic recently due to the RealDVD lawsuit. We don't give our opionion, let's hear what people say.
Real DVD's opinion：
- RealDVD is able to rip DVDs while still preserving the discs' copy protection mechanisms, so it didn't break the CSS encryption - it merely copied it straight to a hard drive, keeping the encryption intact.
- RealDVD added a new layer of DRM to each file to lock the files to the user and PC that created them.
- The consumer should have the same fair use rights to copy DVDs just as they have for the last decade with music.
- It should be the studios' responsibility to mark discs sold to the rental channel, and without studio cooperation, there is no way a piece of software can tell if existing discs have been purchased or simply rented, and that CSS is so broken that there are literally hundreds of different programs that circumvent it to facilitate copying.
MPAA's opinion:
- One copy is violation of the DMCA.
- Real had argued against fair use in a legal case the company brought against Streambox nearly 10 years ago. Real filed suit against Streambox for creating the Streambox VCR, a system that enabled users to copy Real's streaming music and video. Streambox argued that users were making fair use copies. Real sought a temporary restraining order, just as the studios have in the current case, which was granted.
- This is about Real trying to make money that's not theirs by getting consumers to pay for content that is owned by the studios.
People's opionion: Copying DVD is legal for fair use
"Well this is pretty ridiculous if I may say so because I can look up dvd backup software so that I can back it up on my computer. I believe that we have the right to buy a DVD back it up and in case in does get scratched which will eventually happen regardless and burn to a DVD so we the consumer can watch it. This is a gray zone and it really should not be because it was decided by the supreme court that it could be done and if for example I buy a audio CD lets call it transformers cause that has good music then shouldn't you have the right to put it on all your home computers, game consoles, ipods, etc. Then why doesn't this work with DVD's??? If the encryption for the DVD has already been broken and even the blu-ray why are they suing??? "
They want everybody to buy movies, but not own them.
" They want everybody to buy movies, but not own them. That's not such a good position to be in it. And they are to stupid to realize how software works (not context sensitive) and that people want to enjoy the media they have bought. And about the archival backup thing in the DCMA. What If I want to use the original as archival and a copy to play. Shouldn't that be allowed? It should. This way the artwork on the original disk gets better preserved.
It's the studio's and copyright association's own fault. Go after the pirates, now they try to limit the consumers with all sorts of crap like Digital Restrictions/Rights Management, but pirates don't go in those waters. "
Otherwise, every time I insert a CD into my computer and iTunes rips it, I'm violating the law. Right?”
“I thought as consumers we had the right to make a single copy.
Otherwise, every time I insert a CD into my computer and iTunes rips it, I'm violating the law. Right?”
Copying is, was and remains fair use and legal.
The MPAA is wrong. Copying is, was and remains fair use and legal. This is even with the DMCA. The onlything the DMCA does is say that you can't break copy protection to make your legal copies.
Please don't claim that honest citizens who simply want to have a more convenient way to watch the movie they already paid for are somehow stealing.
Well, I support copyright and don't download anything that I don't own. I am a content creator.
I've also worked for Hollywood producers. When i was at Universal, I was routinely asked to bootleg things for the executives. They steal software, they steal music, they steal movies. They have no respect for copyright, as they consider it "fair use" for doing their business, or some such nonsense.
This is RAMPANT in Hollywood. So bad that studios have had to police the Oscar Screeners they give out due to copying and sales. So excuse me, MPAA, unless your own people stop taking "fair use" liberties, please don't claim that honest citizens who simply want to have a more convenient way to watch the movie they already paid for are somehow stealing.
As REAL clearly points out, studios could include serial numbers or other identification that tells the computer this is a rental. They could also include a registration mechanism that requires you to register the DVD before you transfer it to your computer. REAL would be willing to work with you on this. But by failing to provide such mechanisms, you can't then argue that your poorly implemented copy protection trumps fair use when you could fix it to allow for fair use.
People's opinion: Copying DVD is illegal
If you damage something, the company isn't obliged to replace it for you. So if you scratched your DVD movie disc, you need to buy another one. No different to scratching a vinyl record (buy another!) or ripping pages out of a book (buy another!) or blowing a car tyre (buy another!). What's so hard to understand about all this?
People copy dvd and sell it to whoever for $5. Is that fair to the people who made the movie?
Okay, from the comments I've read it seems that people are viewing this from an upstanding citizen standpoint. Does it seem unfair to have to buy another dvd when yours is no longer playing. Maybe. But think if when a dvd came out for sale and people could copy that dvd and sell it to whoever for $5. Is that fair to the people who made the movie? Some might say bootleg movies are already being sold. True. But I've seen my share of bootlegs and the picture quality usually isn't that great. Does anyone think there won't be crooks out there who would be looking to make $$ off of other people's talent?
Attorneys defend - Real DVD VS MPAA
Real DVD : "The consumer should have the same fair use rights to copy DVDs just as they have for the last decade with music."
MPAA ： One copy is violation of the DMCA.
Patel (represent for Real DVD) raised a crucial question during the MPAA's closing arguments. She asked Bart Williams, one of the MPAA's attorneys, whether a consumer possesses the right to copy a DVD he or she purchased for personal use.
"Not for the purposes under the DMCA," Williams said. "One copy is a violation of the DMCA."
Then Patel tried again. This time she asked about a hypothetical device that sounded very much like Facet, the DVD player that Real is planning to release that copies as well as plays DVDs. Real says that the copies of movies made by Facet are locked in the box and can not be distributed illegally.
"What if Real or someone made a device that allowed for making a copy only to the hard drive that is on that machine?" Patel asked Williams. "And you can't make another copy from that. Would that be circumvention of the DMCA? Would it in fact mean that it really was sufficient fair use under the DMCA?"
"Yes it would be circumvention," Williams replied, "and no it would not be fair use. The only backup copy Congress envisioned was archival, that you would never use until such time when your main computer wasn't working...Congress would not have gone through the process or have this process if you're going to say there is some fair use rights that allows you to circumvent."
Real once argued against fair use
Williams then told the judge that Real had argued against fair use in a legal case the company brought against Streambox nearly 10 years ago. Real filed suit against Streambox for creating the Streambox VCR, a system that enabled users to copy Real's streaming music and video. Streambox argued that users were making fair use copies. Real sought a temporary restraining order, just as the studios have in the current case, which was granted.
"There is no fair use defense (for Streambox against the DMCA)," Real argued in that case, court documents show. "The DMCA does not have a fair use exception allowing individuals to circumvent access and copy protection measures.
"In enacting the DMCA," Real continued, "(Congress) expressly outlawed products such as the (Streambox VCR) that serve to promote the unauthorized copying and distribution of copyrighted works."
For this reason, Williams asked the judge for an estoppel ruling against Real. This is a legal doctrine that would bar Real from arguing for fair use because it had made a counter argument--and prevailed--in a prior case.
Real is vulnerable to DMCA violation claims. The copyright law prohibits anyone from cracking copy protections.
Even if Patel rules that Real did not circumvent Content Scramble System, the studios encryption technology, which the MPAA claims it has, Real has to prove that it did not circumvent ARccOS and RipGuard. These are copy protections measures some of the studios use as an added layer of protection and are not covered in the CSS license Real obtained from the studios.
In previous court proceedings, MPAA lawyers presented e-mails and testimony that showed Real worked hard to find a way to get past ARccOS and RipGuard, including the hiring of an overseas company that the MPAA alleges is run by "Ukranian hackers."
Williams wrapped up and then it was Real's turn.
Case is about stifling competition
Don Scott, one of Real's attorneys told Patel that security wasn't an issue in the case because the copy protection, AES-128, that Real uses to protect the copies RealDVD makes is better than CSS. He said the case was really about the studios' attempt to stifle competition.
He said Real needs to make a copy to the hard drive in order for consumers to enjoy the many features that RealDVD and Facet offer.
As for the studios' claims that RealDVD and Facet can be used to copy rented or borrowed films without compensating the studios, Scott said Real could block copying of rentals if the studios cooperated by including some kind of identifying marks or "serial number" on the discs, but Hollywood has refused.
As for fair use, Scott said the MPAA was wrong.
"We believe the buyer has that right to play a DVD as many times as they want," Scott told Patel. "We think he also has the right to make a copy, this fair use copy."
Scott compared DVDs to music and pointed out that the music industry allows users to make copies. "This is the experience that has been recognized as lawful fair use," Scott said. "These same studios have talked about CDs. A purchased CD can be copied to a computer and then transferred to an iPod without any charge to the consumer."
Before breaking for lunch, Patel wanted to discuss Real's request to hear testimony from Peter Biddle, a former Microsoft employee who helped draft the CSS license and who came forward on Wednesday evening, after the court had finished hearing witness testimony.
Real told Patel that they were unable to find Biddle, who if allowed to testify would contradict the studios claim that the CSS license was intended to always forbid the copying of DVDs.
Patel denied Real's request. "Your inability to find him I find inexplicable," she told Real's lawyers. "I found him on Google in three minutes. I don't buy it."
Both sides completed their closing arguments and the hearing adjourned without any decision from Patel. There is no telling how long she will take to issue a ruling.
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.
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