A federal judge has issued a secret, interim order blocking the sale of RealNetworks' DVD-copying software, RealDVD, two sources said Monday.
In an unusual move, the judge presiding over the MPAA's federal copyright lawsuit against RealNetworks also instructed both parties not to disclose the existence of the restraining order to the public.
U.S. District Judge Marilyn Hall Patel, who previously presided over the original Napster litigation, issued the tentative decision late Friday, the sources said. As of this writing, the electronic court docket does not reflect a sealed decision in the case, although RealNetworks informed consumers on its website that, “Due to recent legal action taken by the Hollywood movie studios against us, RealDVD is temporarily unavailable."
But in a court filing (.pdf) Monday, RealNetworks for the first time publicly acknowledged Patel's decision granting a temporary restraining order.
Defendants have already caused significant irreparable harm to Real by prevailing upon this court to institute a temporary halt to sales of RealDVD since the evening of Friday, October 3, 2008. The grant of a further TRO or preliminary injunction now will devastate Real's ability to ever launch RealDVD successfully or to capitalize on its lead over competitors.
RealNetworks wrote Judge Patel
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