product is not primarily designed or produced for the purpose of circumventing a technological
measure or has only limited commercially significant purposes or uses other than the same.
Because the Connectix emulator was not primarily designed to circumvent technological
measures, but rather to run legitimate PlayStation games, it should probably fall within the
savings clause of Section 1201(c)(3).^1023
(ii) RealNetworks, Inc. v. Streambox Inc.On Dec. 20, 1999, RealNetworks, Inc., the developer and distributor of various versions
of the “RealPlayer,” which embodied “streaming” technology that allowed Internet users to
obtain real-time delivery and instant playback of audio and video content over the Internet,
brought suit against Streambox, Inc.^1024 RealNetworks’ products embodied anti-piracy
technology. Specifically, RealNetworks supplied copyright holders with a product known as
“RealProducer,” which converted ordinary audio and video files into digitized “RealAudio” and
“RealVideo” files. RealNetworks also offered a “RealServer” product to copyright holders that
allowed them to distribute their copyrighted material in a secure format designed to interact only
with RealPlayers to further prevent unauthorized access to copyrighted content.^1025
RealNetworks based its complaint on the following three products developed and
distributed by Streambox:
“Streambox Ripper,” which converted any RealAudio file to a file in the format of
Windows Media Audio (WMA), MPEG-Layer 3 (MP3), or Microsoft Windows
Wave Format (WAV). Once in any of these three formats, an audio file could be
copied, stored, or freely distributed, thereby circumventing RealNetworks’ security
measures.^1026“Streambox VCR,” which mimicked a RealPlayer, tricking RealServers into interacting
with it and distributing both RealAudio and RealMedia files to it, thereby also
circumventing the RealNetworks’ security measures.^1027“Streambox Ferret,” which was supposedly designed to work with and enhance the
functionality of RealPlayers. RealNetworks alleged, however, that Streambox Ferret
replaced the “snap.com” search engine on the RealPlayer’s search bar with a
“Streambox” logo that diverted those using the RealPlayer’s search function from
Snap’s search services (with whom RealNetworks had an exclusive arrangement) to a(^1023) Band & Issihiki, supra note 974, at 8-9.
(^1024) Complaint for Violation of The Digital Millennium Copyright Act, Contributory, Vicarious and Direct
Copyright Infringement, Tortious Interference with Contract, and Lanham Act Violations, RealNetworks, Inc.
v. Streambox Inc., No. C99-2070Z (W.D. Wa. Dec. 20, 1999), available as of Dec. 30, 1999 at
http://www.realnetworks.com/company/pressroom/pr/99/rnwk_complaint.html.
(^1025) Id. ¶ 6.
(^1026) Id. ¶¶ 12-13.
(^1027) Id. ¶¶ 17-19.