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.”
Directing and Editing “Conclave”; Insights From Edward Berger and Nick Emerson
It’s been a bruising election year but this time we’re referring to a ballot box struggle that’s more adult than the one you’d typically first think of in 2024. Rather, on the industry awards front, the election being cited is that of the Pope which takes front and center stage in director Edward Berger’s Conclave (Focus Features), based on the 2016 novel of the same title by Robert Harris. Adapted by screenwriter Peter Straugham, Conclave stars Ralph Fiennes as the cardinal leading the conclave that has convened to select the next Pope. While part political thriller, full of backstabbing and behind-closed-door machinations, Conclave also registers as a thoughtful adult drama dealing with themes such as a crisis of faith, weighing the greater good, and engaging in a struggle that’s as much about spirituality as the attainment of power.
Conclave is Berger’s first feature after his heralded All Quiet on the Western Front, winner of four Oscars in 2023, including for Best International Feature Film. And while Conclave would on the surface seem to be quite a departure from that World War I drama, there’s a shared bond of humanity which courses through both films.
For Berger, the heightened awareness of humanity hit home for him by virtue of where he was--in Rome, primarily at the famed Cinecittà studio--to shoot Conclave, sans any involvement from the Vatican. He recalled waking up in Rome to “soak up” the city. While having his morning espresso, Berger recollected looking out a window and seeing a priest walking about with a cigarette in his mouth, a nun having a cup of coffee, an archbishop carrying a briefcase. It dawned on Berger that these were just people going to... Read More