Hollywood hates fair use, sues over RealDVD

by Nilay Patel posted Oct 1st 2008 at 4:31PM

We knew Hollywood wouldn't let RealNetworks sell its RealDVD DVD-ripping-and-archiving software without a fight, and right on schedule, the six major studios have filed a lawsuit seeking to prevent it from being sold. Of course, RealNetworks has been planning on hiding behind that Kaleidescape ruling all along, but straight CSS circumvention isn't really what's at the heart of the suit: according to the studio's request for a restraining order, consumers won't be able to contain themselves in the face of RealDVD's voodoo magic and will start ripping rental DVDs en masse -- seriously, the suit calls the incentive to do so "all but overwhelming." Here's a hint, guys: if you believe the temptation to do something is that strong, it probably means you can get people to pay to do it -- and you should probably be working out a business model that embraces consumers instead of funding new BMWs for your lawyers while actual piracy tears down the fragile house of cards your entire industry is built on. Or you know, whatever.

Filed under: Industry

Tags: dvd, dvd ripping, DvdRipping, fair use, FairUse, hollywood, lawsuit, legal, mpaa, real dvd, real networks, RealDvd, RealNetworks

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daaper @ Oct 1st 2008 5:03PM

I know this is somewhat loosely related, but this type of thing is the exact reason why digital downloads will most likely never replace my physical collection. They are even trying to stop people from making their own digital copies for personal use. They just exert too much control over digital copies and I don't trust their DRM methods.

Neutral

squiggleslash @ Oct 2nd 2008 11:39AM

daaper - tried several times to respond to your earlier question, this is probably the nearest I can see to a recently created forum to post the reply where it'd be on-topic. EHD's forum software sucks the big one.

You were making the assumption that because *you* don't like AppleTV or Vudu, that all forms of digital download are going to fail.

This assumption relies upon the following:

1. All digital download systems are going to be like AppleTV and Vudu (based upon your description!)
2. You are the make or break marker for the next generation of media. If you don't like it, the studios are just going to throw their hands in the air and say "Well, daaper doesn't like our system, we'll never be able to make a profit if daaper doesn't like it!"

Ok, I'm being facetious but you understand my point.

I don't see AppleTV as being the future (and I wouldn't buy it myself.) While the rental model continues to be the most popular way of viewing movies, people do like to be able to have access to a library they can watch at any time without being charged $5 each time.

But, well, there's your answer. Take a look at what Netflix is doing. Imagine that in HD. And yeah, maybe "only" 50% of the population has broadband, but, well, if you can get STBs into most of those homes, you'll be looking at something very exciting indeed. Every movie ever made. Available at the touch of a button. Cache the ones you love on your STB's disk drive, and queue everything else up for download as needed. Only a monthly subscription to pay.

That's the kind of thing I'm referring to as "compelling". The thing about Blu-ray is it isn't compelling. It's just higher quality than DVD, and quite honestly, that's not enough to get it into people's homes. DVD didn't succeed over VHS because it was higher quality. It succeeded because it had compelling features over VHS and Laserdisc, from easier random access to alternative soundtracks and commentaries. People saw themselves being able to do things with DVD they never could do with VHS, and even the Laserdisc people recognized the advantages.

What's needed for this to take off are open standards so your average $50 DVD player has this all built in. Or maybe even your average next-gen HDTV. At this point, we have Apple's way, and Vudu's way, and Hulu's way, and Netflix's way, and Amazon's way, and then we have the DVD Forum/Panasonic working on DVD 2.0 which sounds a good idea but they take ages to do any decision making, and, well, it's not as if CE manufacturers can actually say "Ok, we're going to implement downloads in the next version". But the will is there, and that's why I'm talking about it being "on the horizon".

Hope it gets through this time.

Neutral

daaper @ Oct 2nd 2008 12:20PM

I agree with you, that would be a compelling replacement for DVD. However, I do have a couple of concerns with that model.

1.) What if I want to take my collection with me? Is it as simple as taking the STB with me (a'la vonage)?
2.) What if my friend who does not subscribe to this service wants to borrow a movie of mine (which actually happens quite often)? I'm left with no way to do that as I'm sure they wouldn't provide me a way to just burn a copy.
3.) Or likewise in the case of HDD failure, I lose everything I've downloaded and have to do it all again?

I'm not expecting you to answer these, but they're the things I think of when I imagine a digital download world. I know these are just my concerns, but I'm wondering if others agree. The studios and MPAA have a long way to go to earn my trust back after the music industry and RIAA destroyed it.

Neutral

squiggleslash @ Oct 3rd 2008 11:44AM

I don't think there are necessarily obvious answers to your questions, but my guess right now is that in the longer term, solutions will be put in place at least for the idea of using a portable player. If a household is subscribed to an all-you-can-eat service, there's theoretically no problem with them making local copies of movies as long as they're managed copies on devices that are able to check for the validity of the subscription. You and I can probably speculate as to numerous ways in which that could be enforced.

Over all though, the point is more "There are concepts so compelling people would buy into it even though they don't necessarily get all they got from the thing that's being replaced." For example, when DVD took over from VHS, it wasn't a perfect fit. DVD recorders took nearly a decade to become available in anything resembling a cheap-and-cheerful VHS-like form, and even before that, I remember being shocked at the prices of DVD-Rs back in the early part of this decade.

But people went out and bought DVD anyway because it was so much better than VHS it was worth overlooking the flaws. For the medium term, people would have both. For the long term, VHS's remaining functionality was eventually replaced not by improvements to DVD but by entirely separate products, notably the DVR.

So we move forward. Systems come about allowing people to have access to libraries larger than they could ever have dreamed of. But people lose the ability in the short term to watch these titles on portable devices or take them over to friend's houses. In the short term, they continue to buy DVDs for that kind of thing - but obviously buy fewer. In the medium term, well, we might see an entirely new type of "download", allowing people to store movies to own permanently on SD card, or we might see portable devices that can connect to cellular networks to get "Subscription OK" messages, or any number of other possibilities. It'll depend on how big that market is and whether everyone's prepared to either live without it, or if it's deemed profitable enough to work with.

One thing to watch is managed copy. If "unlimited downloads" includes managed copy support, then the concept of "download to burn" or "download to put on an SD card" is there. You'd pay extra to do it, but, hey that'll encourage Hollywood to take an interest.

Neutral

Jeff @ Oct 2nd 2008 9:07AM

Hahahahahaaah the movie studios deviate from their 1950's business model....hahahahahahaahahahahahahaha

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