RealDVD has its day in court

The RealDVD case gets its day in a San Francisco federal court today. This willl certainly be one to watch for at least two reasons. First, will a court apply the "fair use" doctrine - as ordained in the 1984 Betamax decision - to digital technologies? If so, the court would agree with the RealNetworks folks, who argue that RealDVD is nothing more than a way to allow consumers to make a back-up copy of their disc. Second, will the court look to a precedent set in the 2007 Kaleidescape decision, where the company was found not to be in breach of its DVD CCA license with its product that allows consumers to make copies of DVDs to be stored on the media servers?