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NEWS: RealNetworks & Kaleidescape

josh

josh

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http://themediawonk.com/2010/01/15/realnetworks-real-mistake/

This is a very interesting article for those following the legal issues at Kaleidescape. In essence, it says that Kaleidescape and Real Networks, who took out and paid for CSS licenses for their products, were successfully sued by the studios. But several products are available that rip DVDs from companies that did NOT pay for a license... and none have been sued.

Counter-intuitive at first... why sue the companies that licensed the technology and paid the studios for the technology, and not the ones that didn't?

The author postulates that the studios are scared to fight a straight-up battle over fair-use in home DVD copying, which is what they'd have to do for the non-licensed products. If they fought that and lost, it could be disastrous for the studios. In Kaleidescape and Real's case, it was much simpler - just go after breach of contract, and avoid arguing the merits of fair use copying.

Wonder if he's right... had Kaleidescape not tried to be the good guy and license CSS from the DVD-CCA, maybe they'd have been left alone. hmm...

--josh
 
It's definately true. The idea of copying something you own under fair use rights has been upheld by the Supreme Court.
 
It makes a lot of sense to me. I agree with this.

So lets see- the owners of content who have a right to protect their property sue their customers (RIAA) and those who have tried to live within the letter of the law.

It seems terribly counterproductive to me.
 
Counterproductive? When studying the industries that tried to fight against the VCR and even Radio?
 
Ok so now RN have thrown in the towel and likely put anybody else off picking it up again I would like to know how K plans to continue in business.

Is the metadata switch-off that is mentioned from K or from RN? Ie. Is Ks metadata server actually RNs or will K continue to provide metadata information?

Will the BD player continue to be developed?

I will continue to check Ks website for a news update.

Rgds

Pan
 
Last edited:
Well I just imported a couple more DVDs last night and the metadata was supplied, so the K and RN metadata service aren't the same. Thank goodness... However, this news is definitely troubling for k-scape. I don't see how they can continue to develop new product (e.g., blu-laser player) with their very existence threatened. Wish we knew what the k-scape leadership is thinking. The silence is deafening!
 
Joe said:
Well I just imported a couple more DVDs last night and the metadata was supplied, so the K and RN metadata service aren't the same.
Click to expand...

AFAIK, K's movie metadata is their own - not licensed from anyone else. So, a business decision by RN to discontinue that offering doesn't have anything to do with K.

Joe said:
Thank goodness... However, this news is definitely troubling for k-scape. I don't see how they can continue to develop new product (e.g., blu-laser player) with their very existence threatened. Wish we knew what the k-scape leadership is thinking. The silence is deafening!
Click to expand...

And yet they were first sued by the DVDCCA in December of 2004. That's 5 years ago. That hasn't stopped their progress in putting out new hardware and software upgrades. I know people tend to get worried when things like this happen, but K's case is separate and is following its own path. Also, K hasn't been silent at all - regarding their own case. Again, RN's case is not the same as K's. I think the last legal update was in October and was discussed here:

http://www.kscapeowners.com/forums/showthread.php?t=612

K's current legal update page:
http://www.kaleidescape.com/news/pr/legal-update.php

Jeff
 
If you're dying to hear from K on the RN ruling, this story just went up over on Electronic House:

http://www.electronichouse.com/article/kaleidescape_ceo_on_realdvd_ruling/#When:17:59:48Z

"In an email to EH, Kaleidescape CEO Michael Malcom provided a quick response to the RealDVD ruling:

We have not analyzed the breach of contract claims that the DVD CCA brought against Real. The two cases involve different products, different facts and different sets of contract terms. So, we don?t believe that this settlement has any implications for Kaleidescape?s case with the DVD CCA.

However, today is a sad day for consumers because Real was valiantly fighting for the fair use rights of consumers - rights that the major motion picture studios have been systematically destroying. Real attempted to balance the consumer?s fair use right to copy DVDs that they own with a practical approach to protecting the rights of the content owners, something the studios should embrace given all the freely available software tools that copy DVDs while making no attempt to protect the rights of the studios."
 
Are there any other industries other than RIAA and MPAA that show complete and utter contempt for their loyal user base?

The argument in the article seems perfectly sound to me.
 
BritBlaster said:
Are there any other industries other than RIAA and MPAA that show complete and utter contempt for their loyal user base?
Click to expand...

I would say the illegal narcotis industry probably holds their loyal user base in the same regards.
 
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