Fred von Lohmann, senior staff attorney with the Electronic Frontier Foundation, a group that advocates for tech companies and Internet users, defended Real's pursuit of the case. He said Real could have provided real benefit to consumers, if not with RealDVD, then eventually with a DVD player that would have incorporated some of the software's copying abilities. Real was working on a player, codenamed Facet, which would have created copies of DVDs and stored more than 70 films on its hard drive.
"(Real's testimony) made it clear that Real was out to deliver to consumers a product that people wanted to see," von Lohmann said. "I think the message this sends is if you get into the business of enabling consumers to do with DVDs what they've long done with CDs, you'll get sued out of the business. I think that's bad news for consumers. What that means is that if you want to create a digital back-up of your movies, you have to pay for that a second time on iTunes."