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Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?
Unformatted Document Text:  13 domain are being repackaged in electronic formats for easy access and are increasingly being protected by encryption codes and digital walls. How Courts are interpreting the Issues in DMCA Cases RealNetworks, Inc., v. Streambox, Inc. In the case of RealNetworks, Inc., v. Streambox, Inc., 30 the plaintiff RealNetworks developed a software application called ‘RealPlayer” which is used to access “on demand” audio and video information. A viewer is able to view and listen to information from servers through a method called “streaming” without having to transfer or download the file. 31 The content is encoded in the “RealMedia” (RealMedia is another product of RealNetworks, Inc.)format, and any web server can host but it cannot be downloaded because it contains security measures that makes it impossible to be downloaded into end-user’s computer. 32 The security against copying works by first, ensuring that the destination of the file is a “RealPlayer” file through a “secret handshake” and then activates a “copy switch” to ensure that the streamed content was not downloaded. The user runs the risk of losing the data when it is done playing if the user does not abide with the terms of the secret handshake. 33 The defendant Streambox produced a group of software that enabled the users of RealServers to use the content transmitted from RealServers in different ways. The “VCR” made by Streambox allowed the users to download files from RealMedia by simulating the secret handshake that authenticate the users but ignore the second level security measure of copy switch which prevent downloading of streamed version. Hence, the Streambox VCR allowed users to access the streaming content not just when connected to a RealServer but they could download the streaming version and keep it on their computers. “Ripper,” another Streambox software, allows users to convert files from the RealMedia format to other formats used by other software programs. The Streambox “Ferret” is software that allows the users to switch from the RealMedia search engine to a search engine operated by Streambox. 34 30 RealNetworks, Inc. v. Streambox, Inc., No. C99-2070P, 2000 U.S. Dist. LEXIS 1889, at 5 (W.D. Wash. Jan 18, 2000). 31 Id. 32 Id. 5-6 33 Id. 6 34 Id. at 10-11.

Authors: Abah, Adedayo.
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13
domain are being repackaged in electronic formats for easy access and are increasingly being
protected by encryption codes and digital walls.
How Courts are interpreting the Issues in DMCA Cases
RealNetworks, Inc., v. Streambox, Inc.
In the case of RealNetworks, Inc., v. Streambox, Inc.,
30
the plaintiff RealNetworks
developed a software application called ‘RealPlayer” which is used to access “on demand” audio
and video information. A viewer is able to view and listen to information from servers through a
method called “streaming” without having to transfer or download the file.
31
The content is
encoded in the “RealMedia” (RealMedia is another product of RealNetworks, Inc.)format, and
any web server can host but it cannot be downloaded because it contains security measures that
makes it impossible to be downloaded into end-user’s computer.
32
The security against copying
works by first, ensuring that the destination of the file is a “RealPlayer” file through a “secret
handshake” and then activates a “copy switch” to ensure that the streamed content was not
downloaded. The user runs the risk of losing the data when it is done playing if the user does not
abide with the terms of the secret handshake.
33
The defendant Streambox produced a group of software that enabled the users of
RealServers to use the content transmitted from RealServers in different ways. The “VCR” made
by Streambox allowed the users to download files from RealMedia by simulating the secret
handshake that authenticate the users but ignore the second level security measure of copy switch
which prevent downloading of streamed version. Hence, the Streambox VCR allowed users to
access the streaming content not just when connected to a RealServer but they could download
the streaming version and keep it on their computers. “Ripper,” another Streambox software,
allows users to convert files from the RealMedia format to other formats used by other software
programs. The Streambox “Ferret” is software that allows the users to switch from the
RealMedia search engine to a search engine operated by Streambox.
34
30
RealNetworks, Inc. v. Streambox, Inc., No. C99-2070P, 2000 U.S. Dist. LEXIS 1889, at 5 (W.D. Wash. Jan 18,
2000).
31
Id.
32
Id. 5-6
33
Id. 6
34
Id. at 10-11.


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