RealNetworks Launches Preemptive Strike at Hollywood

I wrote earlier about RealDVD, a new product by RealNetworkswhich purported to make DVD ripping legal by not just maintaining the original DRM on the disc, but adding yet another layer.

While I'm not sure just how popular this software would be --- after all it locks down the DVD further with that additional layer of DRM, and there are plenty of products that rip and remove the DRM --- I was still expecting that with the release of the product there would be the inevitable lawsuit.

And there is, but not the way I was expecting.

Nope, RealNetworks, faced with threats after the initial announcement of RealDVD, decided to make a preemptive strike against Hollywood and file its own lawsuit. Now, RealNetworks is relying on last year's Kaleidescape decision, which stated that there is nothing in the DVD Copy Control Association (DVD CCA) licensing agreement that prohibits the development of products that allow users to copy their DVDs.

Since they are adding another layer of DRM, and not stripping out prior DRM, they can argue that RealDVD is, in fact, legal.

On Tuesday RealNetworks sued a host of companies: the DVD Copy Control Association, Inc., Disney Enterprises, Inc., Paramount Pictures Corp., Sony Pictures Entertainment, Inc., Twentieth Century Fox Film Corp., NBC Universal, Inc., Warner Bros. Entertainment, Inc., and Viacom, Inc., and asked asks the court to rule that RealDVD complies with the DVD Copy Control Association's license agreement.

In their press release, RealNetworks said:

"We are disappointed that the movie industry is following in the footsteps of the music industry and trying to shut down advances in technology rather than embracing changes that provide consumers with more value and flexibility for their purchases.

"For nearly 15 years RealNetworks has created innovative products that are fully legal, great for consumers, and respectful of the legitimate interests of content creators and rights holders. RealDVD follows in that tradition. We expect to successfully defend our right to make RealDVD available to consumers and consumers' rights to use it."

While RealDVD is supposed to be used for archival backup of your personally owned DVDs, we've heard that argument before, and doubt the MPAA is going to believe it.

Can you spell counter-suit?

Update: The MPAA filed a counter-suit.

Greg Goeckner, the MPAA's executive vice president and general counsel said:

"RealNetworks’ RealDVD should be called StealDVD. RealNetworks knows its product violates the law."