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The problem seems worse than I thought, this issue seems present in both Plex 8 and Plex 9. I'm using the default Plex behavior.
Are you sure the Plex Behaviour is actually active when Plex is in the background?
I just tried with Plex 0.8.5 - and it works fine.
Even if I use custom actions it doesn't work.
Using the virtual apple remote actions doesn't work either. If I try "run actor" it does work, and Plex responds to commands while it's in the background.
If you're using a Virtual Remote action in your Custom Action and it behaves like this, this for me is a strong hint that the Plex Behaviour is not actually active when you run Plex in the background.
So it seems there is just a conflict over the apple remote between Plex and RB.
Plex and RB can't conflict over the Apple Remote - they use two completely different subsystems that were designed specifically so that they can't conflict with one another: Plex uses the OS X Apple Remote subsystem - and Remote Buddy uses its own driver architecture.
Conflicts over the Apple Remote are only possible between applications that use the OS X Apple Remote subsystem - f.ex. between Plex/Boxee/XBMC and other Apple Remote tools.
Knowing how painful such conflicts are for users, I've gone to the length of implementing a completely own driver architecture for Remote Buddy, completely working around such issues altogether - and enabling advanced features like the only fully compatible Apple Remote emulation in the market (in the form of the Virtual Remote), way better responsiveness, complete support for the Aluminum Apple Remote and multiple remotes all in the same go.
I don't think that Plex turns off Apple Remote support in the background because when I quit RB, the apple remote works in the background for controlling Plex.
Ok. This was just an idea - since I didn't have a chance to look at Plex 9, yet.
Please check which Behaviour is actually active when Plex is in the background (you can see this f.ex. in the Remote Buddy pull down menu that you reach via the Remote Buddy icon).
Best regards,
Felix Schwarz