By Paul Elias
SAN FRANCISCO (AP) --Hollywood calls it “rent, rip and return” and contends it’s one of the biggest technological threats to the movie industry’s annual $20 billion DVD market — software that allows you to copy a film without paying for it.
Last Friday, industry lawyers urged a federal judge to bar RealNetworks Inc. from selling software that allows consumers to copy their DVDs to computer hard drives, arguing that the Seattle-based company’s product is an illegal pirating tool.
RealNetworks’ lawyers countered later in the morning that its RealDVD product is equipped with piracy protections that limits a DVD owner to making a single copy and a legitimate way to back up copies of movies legally purchased.
The same federal judge who shut down the music-swapping site Napster in 2000 because of copyright violations is presiding over the three-day trial, which is expected to cut to the heart of the same technological upheaval roiling Hollywood that forever changed the face of the music business.
The studios fear that if RealNetworks is allowed to sell its RealDVD software, consumers will quickly lose interest in paying retail for movies on DVD that can be rented cheaply, copied and returned.
Their lawyers argue the software violates a federal law known as the Digital Millennium Copyright Act that makes software and other tools that enable digital piracy illegal. They also contend shoppers will widely condone such illegal behavior if RealNetworks’ product is allowed on the market.
Bart Williams, a lawyer representing the studios, told the judge that evidence uncovered in the litigation shows RealNetworks engineers purchased copying software illegal in the United States from a company in Ukraine.
“One is not supposed to copy DVDs and that’s in fact what RealDVD does,” Williams said. “Real’s objective in all of this is to make money off the studios’ investments without paying for it.”
The company argues that the contract it signed with the DVD Copy Control Association, which equips DVD player manufacturers with the keys to unscrambling DVDs, allows RealDVD because the software doesn’t alter or remove anti-piracy encryption like illicit software that is easily obtained for free online.
RealNetworks says its product legally fills growing consumer demand to convert their DVDs to digital form for convenient storage and viewing.
“RealNetworks saw there was an unmet consumer need,” said company lawyer Leo Cunningham. “RealNetworks is a company that respects copyrights.”
In October, U.S. District Judge Marilyn Hall Patel temporarily barred sales of RealDVD after the product was on the market for a few days. At the time, the judge said it appeared the software did violate federal law against digital piracy, but ordered detailed court filings and the trial to better understand how RealDVD works.
The lawsuit has incurred widespread wrath from bloggers, digital rights advocates and groups on both sides of the political spectrum, including former Republican congressman and Libertarian presidential candidate Bob Barr and the left-leaning Electronic Frontier Foundation.
Critics accuse the studios of stifling innovation as they attempt to develop their own copying software.
“It’s all about control,” said Cato Institute scholar Timothy Lee. “No one is allowed to innovate in the DVD space without industry permission.”
The industry, through the Motion Picture Association of America, counters that its goal is to stamp out piracy. It says it welcomes legitimate attempts at innovation.
Regardless of the trial’s outcome — and the judge isn’t expected to rule immediately — some predict that Hollywood control over digital copies will continue to wane because of the proliferation of illegal software online.
“If Hollywood wins, I don’t think much changes in the real world,” said Fred von Lohmann, an attorney at the Electronic Frontier Foundation. “Anybody who wants DVDs copied can download software for free in 10 minutes.”
First-Time Feature Directors Make Major Splash At AFI Fest, Generate Oscar Buzz
Two first-time feature directors who are generating Oscar buzz this awards season were front and center this past weekend at AFI Fest in Hollywood. Rachel Morrison, who made history as the first woman nominated for a Best Cinematography Oscar---on the strength of Mudbound in 2018--brought her feature directorial debut, The Fire Inside (Amazon MGM Studios), to the festival on Sunday (10/27), and shared insights into the film during a conversation session immediately following the screening. This came a day after William Goldenberg, an Oscar-winning editor for Argo in 2013, had his initial foray into feature directing, Unstoppable (Amazon MGM Studios), showcased at the AFI proceedings. He too spoke after the screening during a panel discussion. The Fire Inside--which made its world premiere at this year’s Toronto International Film Festival--tells the story of Claressa “T-Rex” Shields (portrayed by Ryan Destiny), a Black boxer from Flint, Mich., who trained to become the first woman in U.S. history to win an Olympic Gold Medal in the sport. She achieved this feat--with the help of coach Jason Crutchfield (Brian Tyree Henry)--only to find that her victory at the Summer Games came with relatively little fanfare and no endorsement deals. So much for the hope that the historic accomplishment would be a ticket out of socioeconomic purgatory for Shields and her family. It seemed like yet another setback in a cycle of adversity throughout Shields’ life but she persevered, going on to win her second Gold Medal at the next Olympics and becoming a champion for gender equality and equitable pay for women in sports. Shields has served as a source of inspiration for woman athletes worldwide--as well as to the community of... Read More