DVD-ripping software debate goes to court in SF

U.S. District Judge Marilyn Hall Patel (of Napster case fame) is hearing a case today between RealNetworks, a company from Seattle, and the Motion Picture Association of America regarding a DVD-copying software product briefly released by RealNetworks back in September.

According to the Chronicle, RealNetworks had a notion that their software, which allows users to circumvent copy-protection coding in DVD's to make one (an only one) copy of a movie, would draw a lawsuit from the MPAA, so they filed a preemptive lawsuit against MPAA. That suit, in turn, drew a counter suit.

I wonder why RealNetworks didn't skip the preemptive suit and just let MPAA sue them? I guess that's why I'm a librarian and not a lawyer.

My lack of legal knowledge notwithstanding, I'm interested in this case because it's providing an opportunity for close examination of the Digital Millennium Copyright Act, the controversial 1998 law that expands intellectual property rights for copyright holders and that many folks argue gives copyright holders the lion's share of rights. Among other provisions, that law makes it a crime to circumvent anti-piracy code in commercial products.

We may be waiting a while for a verdict. I'll keep you posted.