RealNetworks, Inc. v. DVD Copy Control Ass'n, Inc.

2d 913 (2009), is a United States District Court case involving RealNetworks, the movie studios and DVD Copy Control Association regarding the Digital Millennium Copyright Act (DMCA) claims on the manufacturing and distribution of RealDVD, and a breach of license agreement.

[1] However, some major movie studios feel that RealDVD can threaten the emerging market in digital downloads and encourage people to make copies of rental DVDs instead of purchasing.

[1][4] Therefore, RealNetworks sued the DVD CCA and several major movie studios on September 30, 2008 seeking for a declaratory judgment that RealDVD neither violated the Digital Millennium Copyright Act (DMCA) 17 U.S.C.

[1] The district court issued a temporary restraining order on October 3, 2008 after the initial hearing of the case to prevent the sale and distribution of RealDVD.

[1] Before the March 16, 2009 hearing the DVD Copy Control Association, Inc. wrote to U.S. District Judge Marilyn Hall Patel that RealNetworks had destroyed critical pieces of evidence and that this had irrevocably damaged the integrity of the judicial process.

The claim was that RealNetworks knew from the start that what they were producing had a high likelihood of resulting in legal action so the company took measures to cover its tracks along the way.

RealNetworks claimed that the district court applied an incorrect legal standard in granting a request by the major studios to halt sales of the software and was wrong to presume RealDVD would cause the film industry irreparable harm.

[14] Despite the defeat of DVD-copying tools in this and other court cases, many similar software, such as HandBrake which by itself only works with unprotected digital media,[15] continue to be free and widespread on the internet.