A San Francisco judge yesterday ruled that RealNetworks' DVD-copying software RealDVD is in violation of the Digital Millennium Copyright Act (DMCA). Fresh on the heels of the MPAA's win against RealNetworks, a California appellate court reversed a previous decision and sided with the DVD Copy Control Association (DVD CCA) against Kaleidescape, finding that the company was in violation of its contract.
Kaleidescape produces a home server that customers can use to store movies that can then be delivered to different systems around the house. Kaleidescape's products start around $8,000. Judge P.J. Rushing wrote the concurring opinion in the case and noted that the DVD CCA was more interested in enforcing the letter of the law rather than spirit, the LA Times reports.
According to Rushing's opinion, Kaleidescape produces an expensive product that is designed to facilitate ease of use for consumers and not harm the copyright holder. In fact, the judge continued, the home server only allows a customer to rip and store a single instance of a content, which cannot be replicated and distributed.
Kaleidescape's model is in stark contrast to a product like RealDVD, which allows for multiple copies of DVDs to be burned and distributed.
In that regard, Kaleidescape functions in a similar fashion to Apple's iTunes, where users can store content and know it is easily accessible without worrying about the physical location of the disc.
Still, the California Court found that Kaleidescape had violated its contract and opened the door for the DVD CCA to return to court and seek an injunction that would force Kaleidescape to comply with its license, The Wall Street Journal reported.
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