RealNetworks was unable to convince a federal court judge that it should be allowed to immediately begin selling RealDVD. The Judge ruled instead that she must have an opportunity to learn more from experts how the DVD-copying software works.

U.S. District Court Judge Marilyn Patel indicated that she would not lift the temporary restraining order against RealDVD, saying, "I am extending the temporary restraining order because I'm not satisfied in the fact that this technology is not in violation. There are serious questions about copyright violations. There are questions about violations of the (Digital Millennium Copyright Act [DMCA]), and violations of these companies’ agreement."

RealNetworks had filed a preemptive lawsuit against the motion picture studios shortly after it released Real DVD, seeking a ruling by the court that its DVD software did not violate any laws and thus allowing it to launch RealDVD into the marketplace.

The Motion Picture Association of America (MPAA) countered with its own lawsuit shortly after, claiming that RealDVD does violate the DMCA by circumventing the anti-copy protections on DVDs by enabling consumers to copy movies. Lawyers for the MPAA also claimed that RealDVD violates RealNetworks' agreement with the DVD Copy Control Association (DVDCCA), the group responsible for protecting DVDs against piracy.

RealNetworks’ attorney, James DiBoise, argued to Judge Patel that RealDVD enables consumers to copy a film and store it on a hard drive using a method that does not crack any of the copy protections found on a DVD; therefore RealDVD does not go against the DVDCCA and its company’s agreement.

Attorneys for the MPAA argued that RealDVD must stay within the guidelines of the DVDCAA agreement and that what RealDVD does is unauthorized, as it allows consumers to make copies of films they do not own. DiBoise countered that consumers are only authorized to watch the film and not to do anything else with it.

As Judge Patel is unable to meet with the claimants again until after November 17th, this delays RealDVD from entering the marketplace at least until then.

Stay tuned.