RealNetworks says it's reviewing a judge's ruling that grants a preliminary injunction against sales of RealDVD, its software for making backup copies of DVDs on PC hard drives. But with the judge using words like "absurd" and "failed coverup" in her assessment of RealNetworks' argument, it's hard to imagine the company finding much to like in the text.

The ruling by U.S. District Judge Marilyn Hall Patel, following an earlier temporary restraining order, isn't the final word in the case. But it clearly illustrates the judge's initial impressions of RealNetworks' arguments against the DVD Copy Control Association and major movie studios, which allege that RealDVD circumvents the Content Scramble System and violates the Digital Millennium Copyright Act.

Judge Patel wrote that while it "may well be fair use for an individual consumer to store a backup copy of a personally-owned DVD on that individual’s computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies. Importantly, such tools are unable to distinguish between personal use copies of personally-owned DVDs and other sorts of copies for other purposes—commercial, personal, or otherwise."

But the judge saved her most biting commentary for RealNetworks' argument that it isn't violating the the terms of its CSS license agreement. An excerpt:

"The crux of Real’s technical argument is that 'once is enough,' meaning the layers of CSS protection (drive-locking, authentication, bus encryption, secure storage of content keys) need only be present and complied with upon the initial insertion of a DVD in RealDVD. ... Were the court to accept Real’s interpretation of the Agreement, it would lead to absurd results. Such an interpretation would sanction virtually any behavior by a CSS Licensee who engaged in transmitting or outputting DVD content to a hard drive or other storage location, in whatever form it wished and for whatever purpose it desired, so long as the Licensee began with content that was initially CSS encrypted and supplied its own content protection to the content throughout whatever transmutation process the Licensee chose to implement. Such an interpretation would render null both the overall essence of the Agreement as well as a variety of specific technical steps therein. Real’s justification is nothing more than a failed coverup, both literally (of the keys) and figuratively (of Real’s illegal behavior)."

Read the full ruling here: PDF, 58 pages

The New York Times quotes a statement from Dan Glickman, CEO of the Motion Picture Association of America, saying the group is "very pleased" with the judge's ruling.

"This is a victory for the creators and producers of motion pictures and television shows and for the rule of law in our digital economy," the statement said. "Judge Patel’s ruling affirms what we have known all along: RealNetworks took a license to build a DVD-player and instead made an illegal DVD-copier. Throughout the development of RealDVD, RealNetworks demonstrated that it was willing to break the law at the expense of those who create entertainment content."

RealNetworks spokesman Bill Hankes offered this statement: "We are disappointed that a preliminary injunction has been placed on the sale of RealDVD. We have just received the Judge’s detailed ruling and are reviewing it. After we have done so fully, we'll determine our course of action and will have more to say at that time."