Jennifer Netherby, Video Business
RealNetworks is appealing a court ruling barring it from selling its RealDVD copying software and a set-top device in development that copies DVDs, according to court filings.
The company filed a notice with the Ninth Circuit Court of Appeal last month, serving notice that it intends to appeal a preliminary injunction preventing it from selling RealDVD or its Facet set-top.
In August, U.S. District Court Judge Marilyn Hall Patel ruled that RealDVD and the Facet device in development circumvent CSS, the copyright protection used on commercial DVDs, violating the Digital Millennium Copyright Act. Patel also said Real violated its CSS License Agreement by making permanent DVD copies of copyrighted films. The license was one of the reasons Real argued that the software was legal. The judge also rejected Real’s “Fair Use” argument that the company was enabling consumers to exercise their right to make personal backup copies.
Real began selling the RealDVD software last September, but a week later, Patel ordered the company to stop until she ruled on a preliminary injunction filed by the major Hollywood studios.
The company had said earlier this year that it hoped to have its Facet set-top in stores by the fourth quarter. The company has described Facet as a low-end Kaleidescape, storing movies from DVDs on the set-top’s hard drive for later playback without a disc.
Opening briefs in the appeal are due to be filed with the court Nov. 9.
A RealNetworks spokesman didn’t immediately respond to an e-mail seeking comment.
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