CSUSA Media Library: Session Details

Session Name: RealDVD or Steal DVD?
MeetingType: Chapter Meeting
Date: 01/12/10
Description: Is a legal DVD ripper an oxymoron? RealNetworks created RealDVD (http://www.realdvd.com/), a program that allowed consumers to backup DVDs for later viewing on their personal computers without a disc -- and circumventing the CSS protections. Immediately after its release, RealNetworks filed a declaratory judgment action in federal court against the major Hollywood studios, claiming that it sought to ensure consumers' fair-use rights, and seeking a ruling that RealDVD complies with the DVD Copy Control Association (DVD CCA) license agreement (as a California state court had previously found Kaleidescape to so comply, on similar facts). The result? RealDVD software was preliminarily enjoined, on grounds of DMCA circumvention and breach of contract claims. Just a day later, DVD CCA was also successful in its appeal of the judgment favoring Kaleidescape. RealNetworks has appealed the preliminary injunction. What precedents and law should govern the outcome of this case? How will these cases affect how consumers exercise their fair use rights? What ramifications may there be for future technologies?
Program Details
Course Materials
Speaker(s): Fred Von Lohmann, Michael D. Fricklas, William Coats
Moderator(s): Jason Mazzone
Keywords: DMCA, Fair Use, Licensing, Litigation, Software