RealNetworks has agreed to destroy all traces of its short-lived DVD-duplicating software, RealDVD, to appease the Hollywood heads that brought legal action against it.
As part of a settlement filed Wednesday in a California court, the company will also cough up $4.5m in legal fees to the six movie studios, Viacom, and the DVD Copy Control Association, who claimed RealDVD software violates US copyright law.
The pact effectively ends a legal battle lasting nearly 17 months. It began the same day Real released the DVD copying software in 2008.
Real had argued that consumers have the right to create backup copies of their DVDs under US copyright law's recognition of the doctrine of fair use. RealDVD software copies DVD files to a hard drive with decryption keys in place.
But movie studios and others claimed the software is illegal under the US Digital Millennium Copyright Act (DMCA) of 1998 because RealDVD must circumvent technology designed to prevent unauthorized copying of copyrighted work.
"Almost from the moment this product was introduced, it was clear RealDVD violated the [Content Scramble System] license," said Jacob Pak, President of the DVD CCA in a statement. "Now, after months of arguments from both sides, the legal message is clear: making a DVD copier is a breach of the CSS license."
Although relatively respectful to decryption keys compared to other DVD copying software, RealNetworks clearly had a notion its product would rouse the legal dogs of Hollywood. On the day of RealDVD's release in September 2008, Real preemptively filed a
lawsuit seeking a declaratory judgment that the software was legal. That was immediately followed by movie studios countering with their own lawsuit aimed at banning the product.
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They want a piece of everything. I'm convinced its costing them just as much on legal bills etc...
RIAA Takes The Cake: Equates File Sharing To Children's Fairy Tale
Project-Buckfast on 03-09-2010