Real Expands DVD Lawsuit, Sues Studios Over Antitrust
RealNetworks asks permission to amend complaint to include antitrust violations.
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May 14, 2009 by Jason Unger

RealNetworks, currently engaged in a legal battle over its DVD ripping/backup software RealDVD, is looking to expand its lawsuit.

The company has asked permission to include antitrust violations in its suit against the six Hollywood studios and the DVD CCA, according to court documents filed Wednesday.

“Through discovery in this case relating to the DVD CCA’s and the Studio Defendants’ request for a preliminary injunction, RealNetworks has become aware of facts demonstrating that the DVD CCA and the Studio Defendants have engaged in both a horizontal group boycott of RealNetworks and, in the case of the Studio Defendants alone, a collective refusal to deal with RealNetworks,” the filing says.

“The testimony of the Studio Defendants during the preliminary injunction hearing further confirmed the existence of a horizontal conspiracy between the Studio Defendants and involving the DVD CCA.”

In the court filing, Real argues that the Studios have bandied together to prevent individual studios from allowing DVD copies in favor of a “joint agreement to grant or withhold the use of such content– the CSS License Agreement.”

Recent reports claim that the dispute over the software is just one piece of the argument; Real CEO Rob Glaser demonstrated the company’s Facet DVD Player, which apparently uses RealDVD to backup and store DVD copies.

Real also released a counterclaim (pdf) to the accusations filed by the DVD-CCA in January, arguing over the fundamentals of the Content Scramble System (CSS) and DVD Licensing.

Click here to download Real’s motion to file amended complaints (pdf).

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