Apple Vs. RealNetworks: A Lawyer's Perspective

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By Jim Dalrymple of MacCentral

Will Apple Computer Inc.'s dispute with RealNetworks Inc. over RealNetworks' new Harmony technology have to be settled in court? One lawyer said that Apple has available several legal avenues, each with potential risks for Apple and the burgeoning digital music market.

RealNetworks last week introduced Harmony, a technology that allows users of the Real Music Store to download their files onto an Apple iPod, a space Apple has strongly defended for its own music store files. Apple responded, saying that Real's efforts were the "tactics and ethics of a hacker."

Apple also cautioned Real that they were investigating the ramifications of the software under the Digital Millennium Copyright Act (DMCA), legislation enacted in 1998 that extended American copyright law to cover digital content. Real claims that they did not violate any laws under the DMCA and said, "consumers, and not Apple, should be the ones choosing what music goes on their iPod."

"What they [RealNetworks] are doing is a huge risk, there is no doubt about that," Scott Culpepper, a partner at Atlanta-based law firm Thomas, Kayden, Horstemeyer & Risley, told MacCentral. "I would suspect Apple will file some type of legal action against them -- I'd be very surprised if they don't.

"It depends on what [RealNetworks] did -- there are several avenues that Apple may have," said Culpepper. The DMCA, general copyright law, and Apple's own license for iTunes all come into play.

Read the rest of Mr. Dalrymple's article here.