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Although a California judge has legally blocked the sale of Kaleidescape's DVD servers, the company said Monday that it intends to ship products until if and when an appellate court upholds the decision.

On March 8, Judge William J. Monaghan of the Santa Clara County district court issued a notice of injunction against Kaleidescape, ruling that the company was in breach of the CSS license agreement that it entered into with the DVD Copy Control Association, or DVD CCA.

Kaleidescape currently manufactures servers that allow consumers or businesses to rip a DVD, Blu-ray Disc, or CD and store its contents on a hard drive. However, the company has also agreed to store the disc in the drive during playback, which Hollywood wanted to eliminate the issue of "rip and return," where consumers rented a DVD, ripped it, and then effectively pirated it for their own permanent use.

Since then, of course, cloud-based services like Netflix have dented that model, streaming a movie directly to a consumer's client device via an encrypted stream.

Monday's ruling stems from a 2009 decision, when Kaleidescape lost its chance to appeal to the state's superior court on the contract issue. Instead, the case was remanded back to the Santa Clara County Superior Court, where the DVD Copy Control Association filed its original suit.

Judge Monaghan's notice was dated April 8, to give time to Kaleidescape to prepare for the injunction, a DVD CCA spokesman said in an email.

Meanwhile, Kaleidescape said it believed it has the legal right to ship products until an appeal of the latest ruling dashed all hope.

"Judge Monahan entered his statement of decision and injunction order on March 8, 2012. Kaleidescape filed its appeal on March 9, 2012," the company said in a statement. "Kaleidescape believes that under California law the injunction order should not come into effect unless the California Court of Appeal affirms Judge Monahan's decision. Kaleidescape is confident that when the Court of Appeal reviews the facts of this case, particularly in light of the complete absence of any harm to the DVD CCA or its members, that it will reverse the trial court decision. The appeal process may take one to two years."

For his part, Michael Malcolm, Kaleidescape's chairman, founder, and CEO, said in 2009 that he believed his company could continue to ship product, legally. "I am very confident that however it goes, we'll continue to stay in business and ship our products," Malcolm said then.

For more from Mark, follow him on Twitter @MarkHachman.

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Defiant Kaleidescape To Keep Shipping Movie Servers

SAN FRANCISCO, CA--(Marketwire -03/12/12)- Borders + Gratehouse, a new kind of technology and consumer strategic communications firm, today welcomed three new cloud solutions to its portfolio of clients. AppDirect, SoftLayer and Xero join a growing client roster that spans cloud infrastructure, SMB and enterprise services as well as green and consumer technologies.

Cloud computing is the most transformative technology shift since the PC and the Internet. The flexible, Internet-based infrastructure, infinite scalability and service-based integration not only liberate classic business functions, but are enabling entirely new applications for businesses and consumers. Borders + Gratehouse supports the entire ecosystem of Cloud services and infrastructure technologies with innovative communication strategies and a strong network of media and influencer relationships. New clients announced today include:

"We conducted an extensive search and Borders + Gratehouse stood out based on their keen understanding of the market, the creativity they applied to educating and motivating various constituencies, and their solid track record of results for similar companies," said Simon West, chief marketing officer, SoftLayer Technologies. "This is going to be a big year for SoftLayer and we are confident that Borders + Gratehouse is the firm that will help us make the most of it."

About Borders + Gratehouse

Borders + Gratehouse is simply a better PR partner for innovative companies. We offer a unique combination of drive, imagination and experience that only comes from decades of success in PR and journalism. At Borders + Gratehouse we begin with the end in mind -- meeting your business objectives through strategic communications. We transcend the "same old same old" PR strategies with the same zeal you bring to your own business. And we do it with a smart, informed approach that's founded on relevance and insight. Our client expertise spans across cloud technologies, SaaS for SMBs, consumer and green technologies. Borders + Gratehouse is headquartered in San Francisco with offices in Chicago.

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Borders + Gratehouse Adds Three New Clients in Cloud Sector

As more and more companies virtualise datacentres, Jenny Williams asks if stepping into a private cloud would really mean greater energy efficiency.

A private cloud tipping point will be reached by the end of 2012. According to Neil MacDonald, vice president and Gartner fellow, more than half of the workloads in datacentres will have been virtualised, providing the foundation for private cloud computing capabilities to cut datacentre costs and increase energy efficiency.

However, TechTargets Data Centre Decisions 2011 survey found 57% of UK and European users are not using or considering using private cloud computing over the next 12 months.

With so many private cloud infrastructure offerings on the market from VMwares vSphere to Microsoft HyperV and System Centre and new products such as Dells pre-packaged private cloud for datacentres, vStart 200 are energy-efficient private cloud datacentres at an industry tipping point, or is it all merely market hype?

Virtualisation is being used to significantly reduce power usage in datacentres. According to Computer Weeklys sister title, SearchVirtualDatacentre, Palmers College in Essex reduced over 20 IBM servers to three in a server virtualisation and datacentre consolidation project.

The datacentre now uses VMware vSphere 4.1 servers and saves 19% of its capital budget by removing disaster recovery (DR) and server replacement costs.

We save roughly another 80% on power compared to what we would be using if our servers were not virtualised, says Dan Byne, IT manager at Palmers College.

Analyst Gartner believes private cloud platforms will further enhance server and storage virtualisation energy efficiencies. Private cloud platforms allow businesses to protect data using an internal, corporate network behind a firewall.

In a report titled Shrinking Data Centers: Your Next Data Center Will Be Smaller Than You Think, Gartner analyst David Cappuccio says private clouds and resource pooling enhance vertical scalability in the datacentre, while at the same time improving the productivity-per-kilowatt ratio.

By 2018, Cappuccio predicts data centres will take up only 40% of the space they occupy today, mainly housing core business services. Sanjay Mirchandani, EMC CIO and

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Can a private cloud drive energy efficiency in datacentres?