Jason Unger
03-16-07, 08:25 AM
Kaleidescape Faces DVD CCA in Court Monday; Fair Use at Stake
Kaleidescape finally will have its day in court Monday, March 19, to face the DVD Copy Control Association (DVD CCA), the "arm of the Hollywood studios," as Kaleidescape calls it.
The DVD CCA, which licenses the Content Scramble System (CSS) for copy-protecting DVDs, sued Kaleidescape in December 2004, claiming the maker of video servers breached a contract by building "a system to do precisely what the license and CSS are designed to prevent ... the wholesale copying of protected DVDs," according to a statement released by the DVD CCA back then.
http://www.cepro.com/asset/7469.jpg (http://www.cepro.com/news/editorial/17953.html)
The DVD CCA has claimed all along that the lawsuit is about a breach of contract between one manufacturer and the licensing agent. It isn't about Hollywood suing the little server-maker-that-could.
Yeah, right.
The lawsuit is very much about fair use, with serious implications for any enablers of DVD copying.
CE Pro's Julie Jacobson spoke recently with Kaleidescape CEO Michael Malcolm, who calls the lawsuit a "breach-of-contract issue, but with some fair-use issues embedded it in it." He says the DVD CCA has "gone on a great fishing expedition looking for theories of ways we've breached the contract; they haven't come up with much so far."
For more on the interview with Kaleidescape CEO Michael Malcolm, check out
http://www.cepro.com/news/editorial/17953.html
Kaleidescape finally will have its day in court Monday, March 19, to face the DVD Copy Control Association (DVD CCA), the "arm of the Hollywood studios," as Kaleidescape calls it.
The DVD CCA, which licenses the Content Scramble System (CSS) for copy-protecting DVDs, sued Kaleidescape in December 2004, claiming the maker of video servers breached a contract by building "a system to do precisely what the license and CSS are designed to prevent ... the wholesale copying of protected DVDs," according to a statement released by the DVD CCA back then.
http://www.cepro.com/asset/7469.jpg (http://www.cepro.com/news/editorial/17953.html)
The DVD CCA has claimed all along that the lawsuit is about a breach of contract between one manufacturer and the licensing agent. It isn't about Hollywood suing the little server-maker-that-could.
Yeah, right.
The lawsuit is very much about fair use, with serious implications for any enablers of DVD copying.
CE Pro's Julie Jacobson spoke recently with Kaleidescape CEO Michael Malcolm, who calls the lawsuit a "breach-of-contract issue, but with some fair-use issues embedded it in it." He says the DVD CCA has "gone on a great fishing expedition looking for theories of ways we've breached the contract; they haven't come up with much so far."
For more on the interview with Kaleidescape CEO Michael Malcolm, check out
http://www.cepro.com/news/editorial/17953.html