RealNetworks is appealing a court ruling barring it from selling its RealDVD copying software and a set-top device in development that copies DVDs.

The company has filed a notice with a Circuit Court of Appeal that it intends to appeal a preliminary injunction preventing it from selling RealDVD or its Facet set-top.

In August, US District Court ruled that RealDVD and the Facet device in development circumvent CSS, the copyright protection used on commercial DVDs, violating the Digital Millennium Copyright Act.

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