MPAA Files Additional RealDVD Charges25 Jun, 2009 By: Erik Gruenwedel
The Motion Picture Association of America (MPAA) has filed additional papers against RealNetworks alleging the Seattle-based technology company deceived the court regarding RealDVD copying software’s ability to circumvent antipiracy safeguards included in movie DVDs.
The MPAA and RealNetworks are currently awaiting a decision by a federal judge whether RealDVD violates copyright protections thereby violating provisions of the Digital Millennium Copyright Act. During court testimony Real argued that encryption safeguards ARccOS and RipGuard did not qualify as such.
The MPAA filed the charges June 24 in San Francisco District Court after it was disclosed by the U.S. Patent and Trademark Office June 11 that Real, in patent filings in 2007 and 2008, had asserted ARccOS and RipGuard as copy-protection safeguards.
“Real and its witnesses have told the court that ARccOS and RipGuard are not copy protection technologies and that Real's engineers did not know how ARccOS and RipGuard worked,” MPAA wrote in the filing. “Yet Real simultaneously has told the PTO that RipGuard and ArccOS are ‘copy protection mechanisms’ and then described specific techniques used by ARccOS and RipGuard.”
RealNetworks spokesperson Bill Hankes characterized the MPAA motion as "a regurgitated argument" using misleading sound bites from patent applications the studios have long been aware of.
"Hollywood is once again trying to use a sleight of hand to distract the court and the press from the real issue in this case: whether the studios should be allowed to take away consumers’ fair use rights [and] sell it back to them," Hankes said. "RealNetworks will respond to the false and misleading allegations contained in the studios' latest maneuver directly to the court."