The fate of Real Network’s RealDVD software hung in the balance yesterday as the court debated the suspension of sales imposed on October 3.

The company launched the software on September 30 and on the same day was sued by six of the major movie studios. RealDVD is a program that adds an extra layer of copy protection, while somewhat crippling DRM. Media backed up with RealDVD can only be played on one machine, effectively limiting the portability of standard DRM, which makes you wonder why you’d want to use it in the first place.

The six big entities argue that RealDVD circumvents copyright law; there’s nothing to stop people from renting movies, ripping them and returning them. Real Networks argues that while this is true, they would only be able to watch the movie, not do anything else with it. It’s pretty easy to see why the studios have their panties in a twist but it’s also pretty easy to see what Real Networks is getting at.

Yesterday a federal judge heard from both parties in Real Networks bid to lift the ban on it’s software. Judge Marilyn Patel denied the company’s request to lift the restraining order because she wasn’t sure RealDVD didn’t violate copyright laws.

"I am extending the temporary restraining order because I’m not satisfied in the fact that this technology is not in violation," Patel said following the three-hour hearing. "There are serious questions about copyright violations. There are questions about violations of the (Digital Millennium Copyright Act), and violations of these companies’ agreement."

While Patel said she was extending the temporary ban, she also said she wouldn’t be available for another hearing until after November 17, which leaves Real Networks at a bit of a loose end.

The RealDVD website currently reads:

“Due to recent legal action taken by the Hollywood movie studios against us, RealDVD is temporarily unavailable. Rest assured, we will continue to work diligently to provide you with software that allows you to make a legal copy of your DVDs for your own use.”