Court blocks Streambox from distributing products
All Streaming Video Recording Software - compare main features easily
By
Courtney Macavinta
Staff Writer, CNET News.com
January 19, 2000, 12:30 PM PT
update
A U.S. District Court has issued a preliminary injunction
barring Streambox from distributing two of its three products, pushing
forward RealNetworks' lawsuit that accuses Streambox of copyright infringement
and unfair competition.
RealNetworks' complaint, filed in Washington state, alleges that Streambox is
violating the Digital Millennium Copyright Act (DMCA), which made it
illegal to supply people with technology that could be used to crack
copyright protection measures.
Under the preliminary injunction issued by Judge Marsha Pechman, throughout
the duration of the trial Streambox is prohibited
from distributing its VCR software, which allows computer users to record streaming media, a practice
RealNetworks argues violates its content partners' copyrights.
Streambox also is forbidden from dispensing the Streambox Ferret, a
"plug-in" that reconfigures RealNetwork's player with an added button that
allows users to "switch between the search engine or engines already
installed on RealPlayer and the Streambox search engine, which searches the
Streambox database," the court order states.
Although RealNetworks cheered the injunction, Streambox is claiming victory
on one point: The court did not bar the company from distributing one of
its most popular products, the Streambox Ripper. That software lets
computer users and content providers convert music and other audio files
encoded by RealNetworks into other digital formats, such as Microsoft's
Windows Media, MP3 and WAV.
Major record companies have been especially vocal about their fears that
the boom in digital music will lead to increased piracy.
"RealNetworks brought this suit to protect the copyright of the content
holders, who trust RealNetworks' software and systems to not only provide a
high-quality user experience, but also to provide it in a format that is
protected from duplication," Alex Alben, RealNetworks vice president of
government affairs, said in a statement.
The Recording Industry Association of America, for example, supports
RealNetwork's action and favors encoding formats, such as Liquid Audio,
which curb unauthorized digital copies. But Streambox's VCR product poses a
new dilemma beyond encoding. Although the digital music piracy issue has
been focused on computer users "ripping" copies of music from CDs and
potentially illegally distributing them online, the Streambox VCR allows
computer users to record streamed audio content the same way they could
record from the radio or TV.
Despite the injunction, Streambox is not out of business. In its court briefs, the company
argued that the software is not a copyright-cracking device, but a
"legitimate" tool for content providers who want to convert their
recordings into other formats.
"Streambox feels that the court made the right decision to allow consumers
to be able to make their own choice on how streaming content is controlled
by granting Streambox permission to sell and distribute Streambox Ripper,"
Robert Hildeman, Streambox's chief executive, said in a statement.
The company also will argue that the VCR doesn't violate the DMCA.
"This product is a recording tool directly analogous to a VCR used for
making videotape recordings from television or cable broadcasts," the
company stated in court documents. "The VCR allows users to 'time-shift'
programming such as live radio feeds from various broadcast stations around
the world, as well as Internet stations and other offerings."
However, Pechman's preliminary injunction ruling finds that
RealNetworks has made a strong case that the Streambox VCR could be
violating the DMCA and that it isn't entitled to the "fair use" protections.
"The Streambox VCR meets the first test for liability under the DMCA
because at least a part of the Streambox VCR is primarily, if not
exclusively, designed to circumvent the access control and copyright
protection measures that RealNetworks affords copyright owners," the court
order states.
Source: CNET News.com
comment
StreamBox VCR (allowing you to make streaming media records) has been removed from its native web-site www.streambox.com. But it still can be found on the internet.
Use Google or AstaLavista to find and download this beautiful program.
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