Real Networks Follows Through with DVD Copying Appeal

By : Erik Gruenwedel | Posted: 11 Nov 2009
egruenwedel@questex.com

As expected, Real Networks has formally filed an appeal of a U.S. District Court judge’s decision denying the Seattle-based media company the right to sell its RealDVD copying software.

In its filing Nov. 9 with U.S. Court of Appeals for the Ninth District in San Francisco, Real said U.S. District Judge Marilyn Patel applied an erroneous legal argument when granting an injunction against sales of RealDVD last August.

Real, in the filing, said Patel didn’t take into account the public interest and societal gain in the technology, among other issues.

Patel’s order effectively barred Real Networks from selling RealDVD in any form, including its Facet DVD player, which could create and store DVD copies.

Real also claimed Patel was wrong to assume that its software would harm the studios. The studios have always contended that the underlying flaw behind RealDVD was that it couldn’t differentiate between a rented or purchased DVD, thereby opening the door for “rent, rip and return” abuses.

The Ninth Circuit is considered one of the most liberal courts in the country. It famously ruled in favor of music file-sharing site Grokster when it was sued for copyright infringement by the music industry.

The U.S. Supreme Court in a unanimous decision overturned that decision in 2005.