Apple and friends hit with C&D for "actively avoiding" use of DRM tech

Here's a new one on us. Instead of suing companies for infringing on its patents, like all the cool kids are doing, Media Rights Technologies has sent cease and desist letters to Apple, Microsoft, RealNetworks and Adobe for "actively avoiding" the use of its technology. According to MRT, the DMCA's language on copyright protection circumvention -- defined as "to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate or impair a technological measure, without the authority of the copyright owner." -- requires those companies to use its product, since its X1 SeCure Recording Control technology has been proven to plug the "digital hole," and therefore allows them to uphold the DMCA. "We've given these four companies 10 days to talk to us and work out a solution, or we will go into federal court and file action and seek an injunction to remove the infringing products from the marketplace," says CEO Hank Risan. RealNetworks spokesman Matt Graves calls the letters "a rather novel approach to business development," and lawyers are calling the effort "out there" and "a play for publicity." We call it a riot, and while it's not likely to go far -- not even the far-reaching and vaguely worded DMCA is likely to hold this one up for long -- we're at least grateful to MRT for mixing things up a bit in the boring old tech lawsuit game.

[ROFLROFFLES @ May 11th 2007 4:30PM]

I've lost faith in humanity.

[edgore @ May 11th 2007 4:35PM]

I think they could make a LOT more money by marketing whatever the hell it is their legal department is smoking.

[Vexorg @ May 11th 2007 4:36PM]

{Strongbad}
Ah, now this is definitely worth my time and consideration-
DELETED!
{/Strongbad}

[edgore @ May 11th 2007 4:39PM]

Also, I think they just moved themselves up to the top of the queue for having their DRM cracked. I predict that within less than a week their technology will be proven to have been pulled out of an other than digital hole.

[anonymouspimp @ May 11th 2007 4:40PM]

Seek an injunction? How the hell are they going to do that?

I am pretty sure you can't get an injunction on something unless you can prove that you can fill the public need that said infringing company is fulfilling... and a judge would definitely not issue an injunction that hurts the general public (See: Vonage)

Sounds like a bunch of empty threats. They are just trying to get them to talk. Chances are they will all write checks to these guys to avoid a IP lawsuit (which can easily cost a defendant millions, whether they win or lose)

[L.Rawlins @ May 11th 2007 4:49PM]

e-tards.

[Grammar freak @ May 11th 2007 4:56PM]

Well if anything this should hasten the decline of DRM.. hopefully

[jcct11 @ May 11th 2007 5:02PM]

now this is the stupidest thing i've read!

[akijikan @ May 11th 2007 5:12PM]

this is what the internet means when it says "lolwut"

[Neebs @ May 11th 2007 6:08PM]

Fact.

[TrafficGeek @ May 11th 2007 5:21PM]

If this flies (I expect it to fly like a pig arsh first against the wind in a hurricane.) I'll need to sue [pick any o'company] for not including my name in the development of their [pick a widget, does it really matter?].

...just what kind of drugs are these people on...

...brains the size of nats and balls the size of T-Rex...

[macr @ May 11th 2007 5:24PM]

tax money well spent

[Dan @ May 11th 2007 5:25PM]

I would love to see Steve Jobs go up against these guys with Judge Judie. She would simply ask them if EVERYONE should then use their technology, while Jobs would just comment on how Apple's DRM is the best....

[John C. Randolph @ May 11th 2007 5:40PM]

This is the kind of lawsuit that gets thrown out at the preliminary hearing, and is followed by sanctions for wasting the court's time.

-jcr

[Geoffrey Sperl @ May 11th 2007 5:43PM]

You know, this has the potential to be as entertaining as SCO v. IBM, until you think about the amount of money, even at a preliminary level, that this costs the taxpayers... this is the best example I've seen in a while of a frivolous lawsuit.

[ricosuave @ May 11th 2007 6:03PM]

Brilliant marketing. Next time I start a company, I will issue a cease and desist letter to all the majors!

This company is a joke. What's next, sue the ................. internet?

[Josh @ May 11th 2007 6:13PM]

If everyone was required to use their product it would certainly be a monopoly, and that is against the law - take that to federal court.

These people are crazy - forced DRM? if they dont own the music they can't control it.

[DaytonaZ33 @ May 11th 2007 6:51PM]

I can imagine their letter.

Dear Microsoft, Apple, RealNetworks, and Adobe,

stop it you meanies, thx

[James @ May 11th 2007 8:19PM]

Wow, there needs to be some way to make this a capital offense. I can't really think of a good way to prevent this sort of nuisance shit, because even if Apple countersued, I suspect they could barely recoup their expenses.

[Drew @ May 11th 2007 10:51PM]

I'm not a violent person, but I do believe someone (well, an entire company really)needs to get their ass kicked. There is some things that should not happen, and this is one of them.

[eDave @ May 12th 2007 7:29AM]

As others have pointed out, the company may be trying to do an IP shakedown along the lines of "settle with us over this ridiculous interpretation of the law or it'll cost you way more in legal fees." However, it might also be a creative way to draw some big pocketbooks into a challenge of the DMCA. If the quoted language is actually in there, that is some of the sloppiest legislative writing I've seen and should be put down.

[nikster @ May 12th 2007 9:36AM]

best. comments. evar. previous posters, you rule.

there needs to be a way to prevent frivolous lawsuits like this. sue the sue-happy lawyers out of existence. otherwise the legal system will become more and more of a self-serving entity, draining resources from all of us yet providing no benefits. the legal system is on the verge of turning into a money-making machine for lawyers without any benefit to society. yet society ends up footing the bills.

on a technical note, monopolies are not illegal - rather, the law places certain restrictions on how they conduct their business.

[Kamizar @ May 12th 2007 9:30PM]

Lawl-suit...

[Leonard Nimrod @ May 12th 2007 11:58PM]

This would be a "Start & Continue" letter, not a "Cease & Desist" letter.

[Jim Coleman @ May 16th 2007 8:17PM]

MRT's technology is the only one proven to work on streaming audio. The RIAA and IFPI held special conferences in London and Berlin to demonstrate MRT's Secure X1 Recording Control to the world. Both conferences were a major success for MRT. The mission statement of MRT is to save the arts in this country. The elimination of Internet piracy will go a long towards protecting the audio and visual arts. MRT's technology must be deployed. It is the only solution currently available for this huge problem.

[Jim Coleman @ May 16th 2007 8:19PM]

MRT's technology is the only one proven to work on streaming audio. The RIAA and IFPI held special conferences in London and Berlin to demonstrate MRT's Secure X1 Recording Control to the world. Both conferences were a major success for MRT. The mission statement of MRT is to save the arts in this country. The elimination of Internet piracy will go a long towards protecting the audio and visual arts. MRT's technology must be deployed. It is the only solution currently available for this huge problem.