MPAA Points Out That Real Once Argued Against Fair Use Exceptions To The DMCA
from the flip-flop dept
The MPAA's suit to block Real Networks' RealDVD software rolls on, with some twists and turns. The latest is that the MPAA says that about 10 years ago, Real made the same argument that the MPAA is making in this case, saying that there is no fair use exception to the DMCA. Real used the argument in a case against Streambox, which created software that let people record Real streams. It prevailed in the Streambox case, so the MPAA asked the judge for an estoppel ruling, which would preclude it from arguing for fair use in the current case, since the argument contradicts its earlier position. Closing arguments in the case have wrapped up, and there's no indication when the judge will issue a ruling -- nor whether Real's apparent change of heart on fair use and the DMCA will hamper its efforts.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, dvds, fair use
Companies: mpaa, realnetworks
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It's the difference between a screen door and a safe. The DMCA makes it illegal to open up the safe, but not the screen door.
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Of course, it's pretty likely that Real is doing the same thing that a previous dvd copier was doing, and just grabbing the mpeg2 stream after it's been decrypted. Of course, that defense didn't work last time so it probably won't work this time either.
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Estoppel cop-out
An estoppel ruling would also set up an interesting legal feedback loop, in that no current content companies who value the DMCA would ever win against someone suing them for a DMCA violation, but everyone outside the DMCA-loving system has a better defense. It would also have a chilling effect on future similar arguments about the DMCA by anyone except the MPAA, which is just fine with me. Also, Real Networks *should* be penalized for blindly embracing the DMCA in the past, but I'm not sure this is the way to do it. The way I have chosen so far is not to buy or use any of their products.
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No, the US Supreme Court has ruled that corporations are legal persons.
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I think I learned that in a Microecon class, strangely. Straight Dope was forced to take that up: Straight Dope - Supreme Court Ruling Corporation = Person
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If it weren't so serious, I'd laugh like hell.
Consistency is soooo hard to achieve. :)
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Re: still working there?
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The MPAA/RIAA seems to have all the key components:
-Run by egotisitical morons
-Us v. Them, Zero-sum, walled garden attitude
-Litigate against any perceived competitor
-Try to protect outmoded model that is already obsolete
-Oblivious to impact of wide-spread hatred and resentment
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never mind
its estoppel not gestapo
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Hmmmmm....
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CSS =isn
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CSS =isn't= that easy to break! (2nd try :)
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