Trial Under Way for RealDVD Copying Software

Late last year, RealNetworks released RealDVD, which allowed users to make a personal backup copy of their DVDs. The software was only available for a few days before the Motion Picture Association of America (MPAA) filed a copyright-infringement suit, alleging that RealDVD violated the Digital Millennium Copyright Act by allowing consumers to bypass DVD content-scrambling systems.

Judge Marilyn Hall Patel of U.S. District Court in San Francisco issued a temporary injunction against the sale of the software and began hearing testimony Friday on whether the injunction should be permanent. The hearing, RealNetworks spokesperson Bill Hankes said, was expected to last three days.

Copy Control

The MPAA’s main argument, according to court pleadings, is that RealDVD will enable users to “rent, rip and return” DVDs from video-rental outlets like Blockbuster and Netflix, or simply copy a friend’s collection.

Without specifically addressing those concerns, RealNetworks argues that individuals have a right to protect their purchase of DVDs by making a backup copy. The company also says it respects the copy protection in place on DVDs by making a precise copy of each disk, including content-scrambling systems. That means users can’t then replicate the digital copy or burn it to a new DVD.

As is so often the case, the real battle is less about technology than about cash flow. For a variety of reasons, DVD sales are down 40 percent in the past year, and studios are leery of any tool that could further damage sales.

Moreover, the studios have their own plans for satisfying consumer demand for backups: Premium DVDs (with a premium price) that come with a premade digital copy that purchasers can transfer to a laptop or computer. It’s too early to gauge whether consumers are willing to pay extra for the convenience of a digital copy.

A RealDVD Feint?

There is some speculation that RealNetworks is…

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