Antitrust complaint at the FTC about 3D content on BD

Check Blu-ray.com for the most complete list of exclusives.

http://www.blu-ray.com/3d/

BTW, is there any precedent for prohibition of exclusive deals? What is the legal basis of the Complaint? I guess I wonder what the anti-competitive damages would turn out to be.

Is this something that could or would be pursued as a Class Action? Perhaps members that are interested in being Class representatives could volunteer?

Has it occurred to you that the fee these CE manufacturers are paying for exclusivity may well be the financial backing for the mastering of the films themselves in stereoscopic 3D Blu-ray format?

In other words, this content may not exist if it weren't for these deals.

The actual unit sales of the titles are miniscule.

Compensation may not be entirely financial, either... for example, what if Sony provided their $50,000 3D Blu-ray mastering software package for free in exchange for short-term exclusivity of a title?

Furthermore (ignoring for the moment the overly litigious nature of this entire theme), there is no legal basis to oppose this because title exclusivity is a standard business practice across the video distribution industry. Or do you plan to initiate legal action to have exactly the same titles available across Netflix, Amazon, iTunes, Microsoft Zune, Sony PS3 Video Marketplace, Comcast, DishNetwork, DirecTV, etc? There are movies that you'd have to buy a particular set top box in order to see, at least for some period of itme.

At least with exclusive 3D Blu-rays, you can usually find them on eBay or borrow them from someone, whereas with direct video streaming you have to buy the appropriate set top box.

What KC Coldbrook says above is somewhat true, Panasonic actually did the leg work on Ice Age 3 and Coraline to get them 'ready' for @home 3D.

Best of luck with the complaint, I think we all agree that it is a bit bullish at this point.

Jason

LOL - this is the government we are talking about - the FTC. By the time they even acknowledge your actions, the movies themselves will be available at retail.

IMO, you don't have a leg to stand on legally. The movie(s) are the property of the studio(s). There is no restraint of trade nor a monolopy. The CEMs are giving them away. They are not selling them. It is a marketing deal between a studio(s) and a CEM(s).

You mentioned Antitrust in your OP as being the basis for your complaint. IMO, I don't see a foundation - there is no money involved. These exclusives are marketing deals between the studios and the CEMs.

I am basing my opinion on this:

http://en.wikipedia.org/wiki/Competition_law

Hey - you feel confident - it's your time and money - Good Luck!

I don't believe the FTC would rule on such an issue.

Moderators Note: I've edited the topic title to be more specific. pmalter0, let me know if it looks good to you. I've also deleted the other topic on the same subject.

I had read it before on the net, do not recall where as it was over a month ago and I also heard the same information from a Panasonic rep that was working a Magnolia special event. It appears that Panasonics own production plant was involved here, they actually made the blu ray discs themselves from what I read and what the rep stated. Now I cannot say if this is 100% factual but it is circulating and sounds likely since the major studios are still hesitant to produce 3D blu rays (well other than Sony but they are in a unique position).

Jason

two issues:
1. Very few people are ready for 3d bluray in truth. You need a compatible tv and player. This issue affects a very miniscule number of (very) early adopters. That's not saying your complaint is invalid, but:
2. Do we not assume that these titles are exclusive only for a limited time? That is what I assume. As Christmas approaches more people will be getting the proper 3d tv's and players and I expect some of these exclusives to then become available to all. There is no way these are long-term exclusives. 3D blurays main problem for the near future is CONTENT. They need all they can get. 3D bluray would never get off the ground if you couldn't get half the discs because they were exclusive to other tv's. Most if not all of these will be freely available to all by Christmas or at worst by next summer, by the time your complaint gets where it needs to be... it will no longer be valid. (they would not be announcing these wide releases until as late as possible, because they WANT you to think you have to get x tv in order to get the 3d disc you want most.

I think patience is your best friend here. I was patient for several years where I refused to buy many dvd's because I was waiting for HD discs. Fortunately the wait for 3d discs will not be as long, just wait till Christmas.

Moderators Hat On: The goal was to clarify the title to reflect the subject of the topic, which the original title did not. Since you didn't like my effort, free free to try again by replying here and I'll edit again.

Moderators Hat Off: As for the issue at hand, I'd like you to take it to the FTC, and see what happens. Again, I'd bet they would not rule on it.

wish you luck on this one. but you will lose this one. i no there is alot of people that are excited for 3d content and i think you are one of them. but if you go on with it i hope you win. thanks for the efforts.

That pretty much sums it up! What a complete waste of time and money.

Tell them I'm mad that Avatar 3D won't be available for retail, and we have no idea when it will be. It's locked in that bundle and as consumers we should have some idea when it will be a stand-alone release. Even telling us the quarter (Q1, Q2, etc) would be better than nothing.

As others have said, I'm not sure if they'll listen, but if the OP is doing all of the leg work, why not? Add in Ice Age 3 - another title I want where I have no darn idea when it will be for sale. Late 2010? Late 2011? People have resorted to eBay, and that's not pretty.

I don't mind an exclusivity deal for about 3-4 months. But when it gets to over a year (I have a feeling Ice Age 3, Coraline, MvA will go that long), this is just ridiculous. But now that I think about it, video games have long exclusive deals as well - you can't get certain content unless you buy a certain console version (ex. Xbox 360 had extra Downloadable Content for Grand Theft Auto 4 that the PS3 didn't get). So that could be a defense - it's being done all the time.

Actually I'm not all that broken up about having to wait for some of these 3-D titles. I have an original PS3 fat boy and if there were tons of 3-D content currently available I might well be tempted to go ahead and purchase the Panny 350 player rather than do what I've decided to do which is to patiently await the promised 9/12/10 PS3 3-D Blu-ray firmware update.

Could this not also include video game exclusives?

This is exactly why pmalter's case will fail. Video game manufacturers have been providing exclusives with their systems for years. Sure, the hardware platforms are different, but they are in competition with each other. Another example is AT&T as the only carrier for iPhones.

Bundling a product not currently available on the market with another product is not anti-trust. Anti-trust would be if Samsung made a deal with all the movie studios to bundle all 3-D movies with only their TVs, leaving Sony, Panasonic etc. out in the cold. To be anti-trust, one company attempts to control the market at the detriment of all others.

Yeah but you don't have to buy the console to get the game. The game is for sale to everybody. Even when games are in the box, one can still buy them.

If Panasonic obtained a license to produce the Bluray itself as a promo, then I'm not sure there is activity in restraint of trade.

How do Apple and ATT get away with exclusivity deals?

What good is the game without the corresponding system?