BoomTown » fair use

The Judge Was Wrong: RealNetworks's RealDVD Appeal Document

Kara Swisher — Tue, 10 Nov 2009 23:48:40 +0000

RealNetworks just lobbed its appeal to the U.S. Court of Appeals in the case revolving around its DVD-copying software, RealDVD.

A U.S. District judge issued a preliminary injunction against RealNetworks (RNWK) in August to stop sales, and renewed it in October.

In a typical Hollywood move, the Motion Picture Association of America said the software, which allows copying of DVDs, violated the Digital Millennium Copyright Act.

In the appeal, RealNetworks said the judge was using the wrong law, that the software was not causing damage to the studios and that the technology is in the public interest and constitutes fair use.

“The District Court committed multiple legal errors in granting Appellees’ motions for preliminary injuction,” reads the appeal.

But, check out the whole appeal and below it, a video interview with RealNetworks CEO Rob Glaser that BoomTown did when RealDVD was launched a little over a year ago:

RealDVD Appeal

[ See post to watch video ]

Rob Glaser Talks About Steal–Oops–RealDVD

Kara Swisher — Thu, 02 Oct 2008 19:12:15 +0000

When he debuted his company’s new DVD copier at DEMOfall recently, called RealDVD, RealNetworks’ Rob Glaser did a video interview with BoomTown about it.

And now that RealNetworks (RNWK) and Hollywood are cross-suing each other over RealDVD–in the latest clash over the still-contentious copyright issue that separates the tech and entertainment industries–it’s time for a replay!

The RealDVD software allows a user to rip all the parts of a DVD, including cover art, onto a computer. It costs about $30.

Hollywood studios, which filed a lawsuit in federal court Tuesday, maintain that RealDVD is illegal, and one of their reps called it “StealDVD.”

Haw, haw. This is what apparently passes for clever in Hollywood these days.

But before the entertainment giants’ lawsuit, RealNetworks filed its own suit, claiming it was protecting the fair-use rights of consumers to make copies of content they had purchased.

To avoid violating digital rights management schemes, RealDVD has added its own DRM layer, preventing ripped DVDs from being copied and shared and imposing further barriers to piracy.

But there are still possibilities for illegal ripping, of course, because RealDVD users must promise not to copy videos they don’t own.

No surprise–an honor-system product that makes it even easier to copy DVDs was not exactly welcome by Hollywood, which has been trying to protect its movie revenues from suffering the same fate as the music industry via rampant CD-ripping.

Thus, the typical mainstream media reaction to the inevitability of consumers wanting to digitize content: More lawsuits!

In any case, here’s the video of Glaser talking about RealDVD:

[ See post to watch video ]

Richter Scales' Tom Shields Speaks!

Kara Swisher — Tue, 11 Dec 2007 19:11:06 +0000

I ran into Richter Scales’ Tom Shields at a conference this morning in Mountain View, Calif., and he told me about the video takedown by YouTube of the popular “Here Comes Another Bubble.”

The music video parody by the San Francisco singing group has wowed the Web.

I posted about the removal here.

Shields defends the use of all material in the very funny video, noting it is a satire and they are not making any money it, pointing to the Electronic Frontier Foundation’s explanation of fair use rules in place:

A Wide Berth for Transformative, Creative Uses: Copyright owners are within their rights to pursue nontransformative verbatim copying of their copyrighted materials online. However, where copyrighted materials are employed for purposes of comment, criticism, reporting, parody, satire, or scholarship, or as the raw material for other kinds of creative and transformative works, the resulting work will likely fall within the bounds of fair use.”

Here’s an interview with Shields that BoomTown did today (and posted on YouTube!):