Judge invokes DMCA in upholding ban on RealDVD
By Scott M. Fulton, III | Published August 12, 2009, 11:24 AM
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By Real's own testimony in the case, its engineers sought legal and defensible means to thwart these two brand-name intentional error-generating mechanisms, ARccOS and RipGuard, in order to build a DVD archiving system. The initial project for Windows-based software for home media computers was code-named "Vegas" (named for the phrase, "What happens in Vegas stays in Vegas"); while a future edition using a branded hardware component containing a hard drive, was called "Facet." "The Real software engineering team... spent over a year creating software that would ensure that Facet never encountered ARccOS or RipGuard errors as it made a copy," according to the decision.
But Facet used a unique error-correcting method that went over and above Vegas, and could be construed as a next-generation copy-protection defeat system. It went so far as to create a virtual machine in the computer's memory, that would pretend to play a DVD just like an ordinary DVD player, but whose internal clock was intentionally accelerated. To the VM, it would be "playing" the DVD at normal speed; in the real world, it was copying the DVD at an accelerated rate. The process was called "DVD Walk."
Because DVD Walk could copy anything it played at the speed it created for itself, it had no reason to try to detect whether any errors it encountered were accidental or intentional...because it wouldn't encounter them. "Facet switches to DVD Walk regardless of the cause of the errors it encounters. There is no explicit mechanism or code in Facet to identify ARccOS or RipGuard errors with certainty; Facet only recognizes sector errors, whether intentional or inadvertent, such as from a scratch."
Yet when Facet did encounter those sector errors, it managed those errors differently than a normal DVD player would, since its intention was, after all, to make a copy. Effectively, it did a better job of error-correction than the error-correcting code that all DVD players have, and it did all this while still avoiding the low-level error detection that would have red-flagged an error as an intentional one. In other words, there are ways to spot an ARccOS or RipGuard error; by not doing so, Real was in violation.
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