competing service operated by Streambox. In addition, RealNetworks alleged that
Streambox Ferret corrupted completely the search functionality of the more recent
versions of the RealPlayer.^1028RealNetworks alleged, among other things, that (i) by circumventing RealNetworks’
technological measures that protect the rights of copyright owners to control whether an end-user
can copy and distribute copyright owners’ works, both Streambox Ripper and Streambox VCR
violated Section 1201(b) of the DMCA,^1029 and (ii) because the installation of Streambox Ferret
modified the graphical user interface and computer code of RealPlayer, thereby creating an
unauthorized derivative work, Streambox’s distribution of Streambox Ferret made it
contributorily liable for copyright infringement, as well as vicariously liable, since Streambox
allegedly controlled and profited from the infringement.^1030
In a decision issued Jan. 18, 2000, the court entered a preliminary injunction against
Streambox, enjoining the manufacturing and distribution of Streambox VCR and Streambox
Ferret, but not of Streambox Ripper.^1031 This case raised three important procedural issues with
respect to the DMCA. First, the case raised the interesting issue of who has standing to invoke
the remedies of the DMCA – specifically, whether RealNetworks should be considered a proper
party to bring the lawsuit, since the material that Streambox Ripper and Streambox VCR placed
into a different file format (i.e., allegedly circumvented a protection measure for) was
copyrighted, not by RealNetworks, but by its customers. As discussed further below, Section
1203 of the DMCA provides: “Any person injured by a violation of section 1201 or 1202 may
bring a civil action in an appropriate United States district court for such violation.”
Significantly, the reference to “any person” suggests that Section 1203 does not limit its scope to
the copyright owner of the material with respect to which a technological protection measure has
been circumvented, and the court so held. Specifically, the court ruled that RealNetworks had
standing to pursue DMCA claims under Section 1203 based on the fact that it affords standing to
“any person” allegedly injured by a violation of Section 1201 and 1202 of the DMCA.^1032
Second, the case raised the issue of what type of “injury” a plaintiff must show under
Section 1203. Neither Section 1203 itself nor the legislative history illuminate this issue. In the
instant case, RealNetworks was apparently relying on the argument that, because its customers
were potentially injured by Streambox’s violation of Section 1201(b), RealNetworks itself was
also injured. Although the court did not explicitly address this issue, by issuing a preliminary
(^1028) Id. ¶¶ 22-24.
(^1029) Id. ¶¶ 33-35 & 41-43.
(^1030) Id. ¶¶ 48-49.
(^1031) RealNetworks, Inc. v. Streambox Inc., 2000 U.S. Dist. LEXIS 1889 (W.D. Wa. 2000).
(^1032) Id. at *15-16. This holding is consistent with CSC Holdings, Inc. v. Greenleaf Electronics, Inc., 2000 U.S. Dist.
LEXIS 7675 (N.D. Ill. 2000). In that case the plaintiff was a cable provider bringing suit against defendants
under the DMCA for selling and distributing pirate cable descrambling equipment. The court held that the
plaintiff was authorized to bring suit under Section 1203(a), as it was a person injured by a violation of the
DMCA.