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DVD-CCA files brief in appeal of Kaleidescape decision

Written by Rich Fiscus (Google+) @ 18 Dec 2007 15:50 User comments (7)

DVD-CCA files brief in appeal of Kaleidescape decision The DVD Copy Control Association (DVD-CCA) filed a brief with the California Court of Appeal hoping to overturn a lower court's decision that Kaleidescape isn't violating the CSS license by selling home servers that store DVDs on a hard drive.
Kaleidescape's case is unique because it's the first instance of the DVD-CCA going after one of its licensees' products. At issue is whether the technical specifications delivered to Kaleidescape after they entered into the license agreement and paid the requisite fee are an enforcable part of the licensing contract. The DVD-CCA considers the technical document, which apparently requires the original DVD to be present for playback, is part of the license agreed to and puts Kaleidescape in violation.

Although eventual implementation of managed copy, meaning a DRM controlled system to copy content to a computer or mobile device, is in the works for both HD DVD and Blu-ray, there are no plans to allow basic disc copying for any of the major video formats. In addition to appealing the California court decision in favor of Kaleidescape, DVD-CCA members have drafted two different amendments to the license that would eliminate the question of the technical document by adopting requirements that the original DVD must be present at the time of playback.

In June, and again in November, Kaleidescape CEO Michael Malcolm threatend an anti-trust suit should the new provisions, which would effectively force them to stop selling their flagship product, be adopted. In June the issue was dropped, but no action has been announced on the November proposal. In part Malcolm's objection to the most recent proposal is that while it allows some form of managed copy, it doesn't require content owners (ie studios) from allowing their DVDs to be copied in any form.

You can read the entire brief from the DVD-CCA on their website.

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7 user comments

118.12.2007 16:31

copy protection and drm is a headache for everyone why not just get rid of the bullshiet and come up with a better solution for all sides. Copy protection will be cracked and be useless.

218.12.2007 16:37

A Kaleidescape system is by no means cheap, I bet some people are very heated over this. I bet they are getting "updates" to their firmware to take care of it but still. I wonder what the audio side if this deal is seeing as how it can hold something like 300 CD's.

318.12.2007 18:07

Originally posted by Bucknekid:
A Kaleidescape system is by no means cheap, I bet some people are very heated over this. I bet they are getting "updates" to their firmware to take care of it but still. I wonder what the audio side if this deal is seeing as how it can hold something like 300 CD's.
Oppps 30,000 CD's I meant

418.12.2007 18:08

I can understand copy protection in general but in this case it seems that Kaleidescape got the go-ahead and now those who gave them the 'go-ahead' have changed their minds. Tough crap for changing your mind if that is actually the case.

519.12.2007 2:46

Originally posted by tester22:
I can understand copy protection in general but in this case it seems that Kaleidescape got the go-ahead and now those who gave them the 'go-ahead' have changed their minds. Tough crap for changing your mind if that is actually the case.

Actually it's more like Kaleidescape applied for and was granted the license (after the obligatory exchange of obscene amounts of money) without telling the DVD-CCA what they were building. Since nothing in the documents they were shown before signing the deal, including the contract they signed, had any prohibition against their implementation the original ruling was that the documents that do prohibit it aren't part of the agreement.

The fact is that if you spend the kind of money required to buy one of their systems you're not pirating your movies. In reality this case isn't about whether they can stop Kaleidescape from selling high end media servers. It's about stopping other CSS licensees from getting funny ideas about using the technology to make something the average Joe can afford.
This message has been edited since its posting. Latest edit was made on 19 Dec 2007 @ 2:48

619.12.2007 4:04

Quote:
copy protection and drm is a headache for everyone why not just get rid of the bullshiet and come up with a better solution for all sides. Copy protection will be cracked and be useless.
The truth is companies just like their false sense of security they no matter how many times DRM fails them they just keep jumping back on which makes cds and dvds all that more expensive to produce all for so they can over charge the shit out of people who buys the legit copy...

727.12.2007 23:43

I thought this case was done with i guess i was mistaken.

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