Hollywood hates fair use, sues over RealDVD

We knew Hollywood wouldn't let RealNetworks sell its RealDVD DVD-ripping-and-archiving software without a fight, and right on schedule, six major studios have filed a lawsuit seeking to prevent it from being sold. Of course, RealNetworks has been planning on hiding behind that Kaleidescape ruling all along, but straight CSS circumvention isn't really what's at the heart of the suit: according to the studios' request for a restraining order, consumers won't be able to contain themselves in the face of RealDVD's voodoo magic and will start ripping rental DVDs en masse -- seriously, the suit calls the incentive to do so "all but overwhelming." Here's a hint, guys: if you believe the temptation to do something is that strong, it probably means you can get people to pay to do it -- and you should probably be working out a business model that embraces consumers instead of funding new BMWs for your lawyers while actual piracy tears down the fragile house of cards your entire industry is built on. Or you know, whatever.

[StalematE @ Oct 1st 2008 4:35PM]

great, more Real software... ugh...

[Chris @ Oct 1st 2008 5:00PM]

exactly. no matter how hard they try, Real still sucks major ass and no-one is going to want their software. especially when its software that you can get for free that is probably better than this crap. yeah, thanks anyways.

[Wii60 @ Oct 1st 2008 5:22PM]

The comment you requested is buffering...

[kjb434 @ Oct 1st 2008 5:25PM]

I completely agree!

Real was relevant in the mid and late 90s when they pioneered internet streaming media. After various other companies came on the market, Real started just making worse and worse software that is full of malware, adware, spyware, etc....

[RoboDan @ Oct 1st 2008 7:54PM]

So they came out with a "DVD Shrink" (google it) that you have to pay for AND is made by Real (as a bonus)?

Hmm... hmm...

I'll have to get back to you on that one

[Serial 8-Ball Mouse @ Oct 1st 2008 4:35PM]

The nine people who planned on receiving this as an unwanted gift from their grandfather are going to be very disappointed.

[Alex Padilla @ Oct 1st 2008 4:48PM]

Nilay Patel owns again!

[Endejas @ Oct 1st 2008 4:50PM]

Not that I would ever (EVER) pay for Real Networks software, but this actually sounded like a good idea.

At least, it was the best idea from a commercial sense.. so far.

[redspear @ Oct 1st 2008 4:50PM]

Having worked on the Kaleidescape case I can say that the plantiffs did bring up the fact that you could just rent movies from Netflix and rp them to their system. It was part of their case. At the same time though Kaleidescape costs several thousand dollars and the defendents pointed to that often as well as drilling fair use and making his point by holding up an Ipod playing Pirates of the Carribean during opening. It is a strong case to lay your defense on.

[bamboo @ Oct 1st 2008 5:02PM]

So have netflix put some coding in their disks that won't let them be saved by this software.

If this wasn't very expensive software, I would considering getting for my HTPC just so I could start and play a movie any time without keeping all my disks in the living room and having to get up and put them in.

Plus, right now my standalone DVD player seems to be acting up, and crashing in the middle of a movie. With this, no more problems. It would all just stream from the HD.

[Fuzzball @ Oct 1st 2008 5:13PM]

@bamboo

Serious? There has been software to do strait rips and rips to compressed formats for years now. There are people out there who have ripped their whole DVD collection to one of their computers and stream them to their HTPC. There are even people NetFlix subscriptions that are doing the same.

[redspear @ Oct 1st 2008 5:18PM]

@Bamboo

There is already coding on DVDs that prevent ripping it is called CSS and these system designed to rip DVDs are designed around it. In the case of Kaleidiscape it was meant for archival features and on demand + serving. One of the things that worked in their favor during that case is that you can not burn the DVDs to other disks it just stays on the HD which makes this case a little different because this will allow you to burn the final product.


However in the interetst of being fair I actually kind of agree. I am in favor of HEAVY DRM on rentals but not purchases and as long as the DRM does not inhibit functionality or compatability or require special HW or SW(whihc goes hand and hand wiht compatability anyways). I beleive if I buy a product I am entitled to full fair use.

[superstition @ Oct 1st 2008 4:51PM]

The writing's on the wall: if these guys didn't get it nearly 8 years ago (and most certainly by around 2003 and 2004), then odds are they never will. They'll continue to sue, harass and generally be ignorant while pumping out lame alternatives and being a hinderance on those who actually want the digital media revolution to actually work both in their favor and the favor of the consumer.

[chefgon_ign @ Oct 1st 2008 4:51PM]

The lawsuit is infinitely more interesting than the crappy software. If the courts rule in favor of the MPAA then it's just another day, but if they rule in favor of RealNetworks then it's a solid first step towards actually being able to use your content however you want.

The fate of "RealDVD" doesn't matter to anyone, but it would certainly be nice if DVD ripping for personal use got some legal ground to stand on.

[Eldiablo @ Oct 1st 2008 4:56PM]

Couldn't happen to a nicer company.

[KarlW @ Oct 1st 2008 4:58PM]

I don't really want either of them to win.

[John @ Oct 1st 2008 5:01PM]

Yeah, that'll stop people from ripping DVDs. With this lawsuit, no one will ever be able to rip a DVD again, since we all needed Real Networks in order to get that shit done...

[Crono (NDF - Knight of the Old School) @ Oct 1st 2008 5:04PM]

DVDDecryptor/DVDFab5 say hello, you stupid studio execs.

[OnlyShawn @ Oct 1st 2008 5:07PM]

handbr....ummm....

sorry.

rule 1: .....

[Rob Conway @ Oct 1st 2008 7:42PM]

You do NOT talk about Handbrake!

oh shit, i just talked about it! i'm in trouble now!

[Fuzzball @ Oct 1st 2008 5:16PM]

BTW, Real Networks filed a preemptive suit against the studios to protect its software:
http://www.networkworld.com/community/node/33401

[loosely_coupled @ Oct 1st 2008 5:21PM]

Isn't this just ludicrous? People "in the know" (aka your average 13yr old) have been ripping and re-encoding their purchased DVDs into unrestricted Xvid or H264 files for what seems like over a decade at this point with open source CSS-circumvention tools. It's a widespread practice and is not at all a secret.

So when a seemingly legitimate company like Real creates their own version of the software that actually enforces multiple layers of DRM, you would think the studios would get behind the effort and work with them in order to undermine all of the "illegal" circumvention tools already available. They would then be able to at least set some of the terms for the practice and perhaps find a way to allow people to rip their DVDs into their iPods in a managed fashion ala Apple's FairPlay. But no, what do they do instead? SUE THEM! What a pathetically typical knee-jerk reaction from the idiots at the MPAA. I'm sure even Real is frazzled at this point...

[Alareth @ Oct 1st 2008 5:36PM]

The big difference is that Real has money, those open source alternatives don't.

[kieran @ Oct 1st 2008 6:56PM]

My thoughts EXACTLY.

People have been ripping DVD's to their hard drive for years now. Why is Hollywood suing Real? Makes no sense.

[pd @ Oct 1st 2008 5:40PM]

If Real can win this it will be a huge step for both Apple and MS to allow in house DVD distribution from any device in your house to another.

The argument that people might rent a movie rip it and watch it after they sent back the DVD back is some how illegal is just stupid!!! If the MPAA had its way you would need an RFID chip in your head and a bar code reader on the dvd player that says you have the box before they would let you watch a movie. but only after you give them your SS# and a major credit card.

As for you the .01% of the world that archives anything they can get there dirty little hands on. This app is not going to help because they all ready have ripped every movie in blockbuster. and the idea that the MAN is watching them keeps them from downloading anything main stream.

[Sam @ Oct 1st 2008 5:40PM]

Wow, who should I root for? Is there some way both of them could lose?

[macegr @ Oct 1st 2008 6:00PM]

They both will lose...but the lawyers will win.

[TJ @ Oct 1st 2008 5:42PM]

Nearly as useful, and free (as long as you've got an xbox):

1) Rip using DVD Shrink
2) Rename .vob to .mpg (Yeah, that's it.)
3) Stream to xbox360

[Chris @ Oct 1st 2008 5:46PM]

I dont think Hollywood knows about VLC's stream and save to file capabilities...

[Kevin @ Oct 1st 2008 5:55PM]

Hmmm, is it just me, or is this the same thing these damn networks were complaining about when VHS/BETA first came out? Come on guys, give us the rights we deserve or else you're just going to drive your own idiotic selves out of business. As much as I hate Real (and apparently I'm not the only one), I hope that they win this legal battle so the studios can choke on it!

[Kevin @ Oct 1st 2008 6:00PM]

Ummm...isn't this the same thing the studios were whining about when VHS/BETA first came out. Granted, digital content is much easier to distribute, but the oh-so-huge army of VHS pirates never destroyed the studios, so those guys need to shut the hell up. As much as I dislike Real, I hope that they actually win this battel so the studios can choke on it!

[Chris @ Oct 1st 2008 6:08PM]

Dont ya love how long it takes for a post to show up? ...

[Kevin @ Oct 1st 2008 6:01PM]

Damn posting not working properly! >=O

[wpmarshall @ Oct 1st 2008 6:16PM]

Real was good, then it went downhill, only to reappear a a wonderful piece of software. I use it, and they've removed all malware and spyware from their software.

[allenvanhellen @ Oct 1st 2008 7:14PM]

This sounds a lot like the bailout: companies asking the government to help them prop-up something old (and failing) instead of making and selling something new and better. Sometimes, it may be cheaper to get the government to do something for you, but that's not what this government is supposed to be about, and I wish more of our leaders remembered that and stuck to their guns. Speaking of guns... what's it gonna take for these boneheads to buck-up?

[rob @ Oct 1st 2008 8:03PM]

From the article: "'Why,' he or she may ask, 'should I pay $18.50 to purchase a DVD when I can rent it for $3.25 and make a permanent copy?'"

Classic idiotic statement by some hollywood exec making too much money to run their company into the ground. Hey numb nuts, that's a great question. Why not try using your brain and actually come up with $18.50 worth of value so "he or she" will go and buy the DVD instead of just rip a digital copy.

Here's another thought, screw the DVD format and distribute your "valuable" content another way using a biz model that isn't over 20 years old. Morrons.

[jupiterthunder @ Oct 1st 2008 8:38PM]

Morrons.

Never, ever, call someone a morron, dum, ideit, or anything else. It's kinda self-reflective.

[m-p{3} @ Oct 1st 2008 8:07PM]

Hey, I'd be mad too if one of my movie would be tied to such a crappy software.

[Phil @ Oct 1st 2008 9:24PM]

Just goes to show how stupid hollywood really is, why don't they make it easy for people to stay legitimate, instead, they force people to deal with frustrating drm, anti piracy clips and copyright disclaimers that take up 5 minutes of your life everytime you watch a dvd.

Instead people are pirating movies just so they don't have to deal with this crap.

Anyone that has watched Charlie Wilson's War would have to agree that Gweneth Paltrow should be sued for forcing us to watch some African aids crap EVERYTIME we want to watch the DVD. Sure, somebody who pirates movies can easily get around this, but what about the rest of us who want to stay legitimate?? We need help, in legitimate ways.

P.S. any DVD Player manufacturers out there, can we please get a dvd player with a "just play the bloody movie without previews or copyright notices" button, if we want to watch that stuff we can do it via the special features part.

[BigD145 @ Oct 1st 2008 10:37PM]

Standard fare. As far as corporate entities are concerned, the consumer is the enemy. They've said so in the past. You are guilty until proven innocent.

[spiralstep @ Oct 16th 2008 6:48PM]

I think most people are taking this for what it is: A last gasp attempt by Real/Glaser for relevance.

Glaser will try to look like a hero. It won't work. Not a pretty picture in spandex.

[Lancelot @ Oct 3rd 2008 12:52AM]

If the recording industry thinks they have a problem now wait until the 66% royalty increase gets passed. There'll be more people than you can count joining the ripping / torrent / sharing ranks.. And I'll be one of them.. I can't imagine how well this software will sell. I'm getting a copy, that's for sure..

[i said know @ Oct 2nd 2008 4:57AM]

I just downloaded the free trial, popped in a DVD and clicked to play and save and the movie plays a little blurrier and has an added mosquito wall on the right of the screen o0 looks like it's back to the Nero for me...

[Ron @ Oct 4th 2008 12:07AM]

The RealDVD download link has been removed from the real.com website due to the legal issues against Realnetworks latest offering.