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RealNetworks, makers of RealDVD, has lost the first legal hurdle in it's fight against the MPAA over the sale of the DVD copying software, RealDVD.
The Judge in the case, Marilyn Hall Patel, ruled in favour of the MPAA to impose a preliminary injunction on the sale of RealDVD, as she had found enough evidence for the case to proceed to the jury. The final decision will of course be up to the jury, but this is seen as a blow to RealNetworks who had wanted the case to be thrown out for various reasons.
The ruling comes from the judge's believe that the vast reach of the DMCA binds the court in what it is capable of doing, even if it means at the expense of innovation. If anything, the exact wording reads like an indictment of the DMCA, which gives copyright holders the power to stifle innovation to protect their own pockets.
The judge also issued a defence of individual's fair use rights in relation to DVD copying:
So it's bad news for RealNetworks, and DVD copying in general, but perhaps this will shine a spotlight on the problems raised by the DMCA.
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The Judge in the case, Marilyn Hall Patel, ruled in favour of the MPAA to impose a preliminary injunction on the sale of RealDVD, as she had found enough evidence for the case to proceed to the jury. The final decision will of course be up to the jury, but this is seen as a blow to RealNetworks who had wanted the case to be thrown out for various reasons.
The ruling comes from the judge's believe that the vast reach of the DMCA binds the court in what it is capable of doing, even if it means at the expense of innovation. If anything, the exact wording reads like an indictment of the DMCA, which gives copyright holders the power to stifle innovation to protect their own pockets.
The judge also issued a defence of individual's fair use rights in relation to DVD copying:
Originally Posted by U.S. District Judge Marilyn Hall Patel
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