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stories filed under: "restraining order"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
dvd ripping, injunction, realdvd, restraining order, secrecy

Companies:
mpaa, realnetworks



Judge Keeps Restraining Order On RealDVD

from the not-ready-to-give-in dept

Earlier this week we noted that the judge in the lawsuit over the RealDVD software had placed a secret temporary injunction against RealNetworks selling the software. The original promise was that a more permanent injunction -- or a lifting of the injunction -- would come Tuesday. But Tuesday has come and gone and the judge has decided she needs more time to decide on an injunction, and may want to consult some "experts" on the subject.

I can understand the desire to better understand the situation, but it's hard to see how preventing the sale of the software in the meantime does any less harm to the movie industry. In fact, you could easily make the argument that it does more harm to the industry, based on the way the industry defines harm. That is, right now, if someone wants to make a backup copy of a DVD, they're going to look online and find a variety of free ripping options, that offer no additional DRM and make totally free and clear rips. If Real's software was out there, they might discover that option and pay to get additional DRM (why, I don't know -- but some might feel comfortable with the Real brand, for example). Thus, it's difficult to see how the movie industry is any worse off if Real's software is on the market. In that scenario, at least some might end up with ripped DVDs with DRM. Without Real on the market, those who want to rip DVDs will have their rips with no DRM at all.

10 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
dvd ripping, injunction, realdvd, restraining order, secrecy

Companies:
mpaa, realnetworks



Why Was The Restraining Order On RealDVD Kept Secret?

from the questions,-questions,-questions dept

Monday morning, we wrote about how a judge had issued a temporary restraining order against RealDVD until he had time to review the details and rule one way or the other on a pre-trial injunction. In our comments, one of our readers suggested this story was incorrect, as there didn't appear to be an actual restraining order on file -- suggesting that Real Networks may have pulled the software on its own. Yet, it turns out that, yes, in fact there was a temporary restraining order, but the judge ordered both sides to keep it secret. This is quite odd, as almost everyone immediately figured it out from Real pulling the software, and then it was confirmed by Real in a filing responding to the court. But all this does is raise a simple question: what could possibly be the rationale for keeping the temporary injunction secret?

12 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
grand theft auto, jonathan lee riches, pro se lawsuits, restraining order



Lawsuit-Happy Inmate Files For Restraining Order Against 'Grand Theft Auto'

from the and-how-would-that-work? dept

A well known prison inmate who has a long history of filing totally ridiculous lawsuits has struck again. Reader William writes in to let us know that the Jonathan Lee Riches has filed for a restraining order against the game "Grand Theft Auto" and its maker Take Two Interactive. No, it's not clear how one gets a restraining order against a video game, but the filing incoherently claims that Take Two and the game put him in prison and later complains that the content in the game "offends me." If only that were a crime. Anyway, while this is an amusing story from an inmate who files way too many such lawsuits, it does show how our courts often have to waste time on these types of bogus claims.

14 Comments | Leave a Comment..

 
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