Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 87

Memorandum in Opposition to Studio Defendants' Administrative Motion to Obtain Sealed Transcript of October 3, 2008 Hearing filed byRealnetworks Home Entertainment, Inc.(a Delaware corporation). (DiBoise, James) (Filed on 12/19/2008)

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Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al Doc. 87 Case3:08-cv-04548-MHP Document87 Filed12/19/08 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES A. DiBOISE, State Bar No. 83296 Email: jdiboise@wsgr.com COLLEEN BAL, State Bar No. 167637 Email: cbal@wsgr.com MICHAEL A. BERTA, State Bar No. 194650 Email: mberta@wsgr.com TRACY TOSH LANE, State Bar No. 184666 Email: ttosh@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP PLAINTIFFS' OPPOSITION TO STUDIO DEFENDANTS' ADMINISTRATIVE MOTION TO OBTAIN SEALED TRANSCRIPT OF OCTOBER 3, 2008 HEARING AND RELATED CASES PLAINTIFFS' OPPOSITION TO STUDIO DEFENDANTS' ADMINISTRATIVE MOTION TO OBTAIN SEALED TRANSCRIPT OF OCT. 3, 2008 HEARING CASE NOS: C08-04548 MHP; C08-04719 MHP Dockets.Justia.com Case3:08-cv-04548-MHP Document87 Filed12/19/08 Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 18, 2008 the Studio Defendants filed their Administrative Motion to Obtain Sealed Transcript of October 3, 2008 Hearing. Plaintiffs oppose that motion. The Court should deny the Studio Defendants' motion because it fails to set forth good cause to unseal the transcript of the October 3, 2008 proceeding. Instead of providing good cause, the Studio Defendants state an erroneous reason as to why the proceedings were sealed: Plaintiffs did not want disclosed to the public the number of copies of RealDVD that were sold. As the Court will recall, the court sealed the record not only because of the confidential nature of the matters discussed, but also because the proceeding was held without notice, without Plaintiffs' counsel present in Court, and because the sole purpose of the proceeding was to maintain the status quo until the Court could consider the October 6, 2008 briefing of the application for a temporary restraining order. For these reasons, and because the subsequent hearing supplanted the October 3, 2008 hearing, the transcript is not relevant and should not be used for any purpose in this proceeding. For these reasons, the Plaintiffs respectfully request that the Court deny the Studio Defendants request. Dated: December 19, 2008 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/James A. DiBoise James A. DiBoise Attorneys for Plaintiffs REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC. PLAINTIFFS' OPPOSITION TO STUDIO DEFENDANTS' ADMINISTRATIVE MOTION TO OBTAIN SEALED TRANSCRIPT OF OCT. 3, 2008 HEARING CASE NOS: C08-04548 MHP; C08-04719 MHP -1- 3559153

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