San Francisco, CA — On Tuesday, RealNetworks failed to convince a district judge to lift a restraining order and allow the company to start selling RealDVD again until experts can demonstrate how the software functions.
As a result, RealDVD, which enables users to copy a DVD and store it on their hard drive, is unlikely to reappear in the marketplace for at least another month and perhaps longer. U.S. District Judge Marilyn Patel indicated that she wouldn’t be available for another hearing until after November 17.
“I am extending the temporary restraining order because I’m not satisfied in the fact that this technology is not in violation,” Patel said following the three-hour hearing. “There are serious questions about copyright violations. There are questions about violations of the (Digital Millennium Copyright Act), and violations of these companies’ agreement.”
Last week, an hour after RealDVD hit the market, the company filed a preemptive lawsuit against the top motion picture studios. RealNetworks wanted the courts to rule that the software didn’t violate any laws.
The Motion Picture Association of America (MPAA) filed its own suit a few hours later and on Friday obtained a restraining order. Hollywood claims RealDVD violates the DMCA by circumventing the anti-copy protections on DVDs to enable consumers to copy movies. The software also violates RealNetworks’ agreement with the DVD Copy Control Association (DVDCCA), the group responsible for protecting DVDs against piracy, according to lawyers for the MPAA.
