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Studios accuse RealNetworks of trashing RealDVD evidence
February 27, 2009

The major movie studios suing RealNetworks to stop it from selling its RealDVD software which allows consumers to make copies of their purchased DVDs, filed a motion Wednesday accusing Real of losing or destroying key evidence in the case.

Seattle’s TechFlash blog dug up what it calls the “heavily redacted” filing, in which the studios claim Real “failed to take adequate steps to preserve evidence and, in fact, spoliated evidence.”

Real disputed the claims in a statement to TechFlash.

Part of the filing centers around “engineering notebooks” kept by a senior program manager who left Real in September. They were turned over to Real’s top execs, but have since been lost. Another file they are seeking that they believe shows Real’s software is based on the work of hackers, Real allegedly told them had been corrupted by a virus and couldn’t be turned over.

Real launched its RealDVD software in September and quickly filed a pre-emptive lawsuit against the major studios to keep it on the market. The studios countersued, claiming RealDVD circumvents copy protection system CSS in place on commercial DVDs, and the judge in the case issued a restraining order that has kept the software off the market since. Real claims its software doesn’t circumvent CSS and only allows a user to make a backup copy to their computer of a DVD they own that can’t be pirated online.

A hearing over the latest motion is scheduled for March 16.

Posted by Jennifer Netherby on February 27, 2009 | Comments (0)