RealNetworks files suit to protect RealDVD

Here's a twist on how it usually goes in Hollywood: RealNetworks is preemptively filing suit against the Hollywood studios in order to get a judge to rule that its RealDVD software is legal, rather than the other way around. The usual M.O. is for Hollywood to attempt to shut down the software, then months of cease & desist orders follow as judges in Hollywood's pocket take their time before finally ruling that, yes, the software isn't legal.

Real is reversing the process and filing for a "declaratory judgment" against a whole litany of entertainment companies that it's software is legal. An interesting strategy to say the least, but it's one that keeps its product, which was officially released today, in the news and gains it some public support. (It also lets Real file its suit in a Northern California District Court rather than the far less tech-friendly Southern California District.)

RealDVD is unique in that, while it allows users to copy DVDs, it retains some measure of DRM on the copies, preventing them from being shared online. The product is on the expensive side, but it works well and rips quickly, so anyone looking to build a disc-free, laptop-based movie collection to take on vacation might find it just about perfect.

Will the lawsuit strategy work? DRM is always a complicated issue, and the studios will likely argue that, even though Real includes the DVD's original protection scheme on its rip, it is still violating the DMCA by bypassing the DRM in the first place. But the courts may likely agree that Real is going to great lengths to protect the content, and in fact Real has a precedent in the case of Kaleidescape, which makes server systems that let users archive scads of DVDs without having to deal with the actual discs. Kaleidescape won the suit filed against it in 2007, but the DVD cartel is appealing.

Good luck, Real!

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