Are These DVD Players Legal?
On July 6th, 2006 Federal district court Judge Matsch issued a harsh, one-sided ruling against companies that sell or rent edited DVD's, including Clean Flicks and Clean Films.
The order was so crushing that it gave the companies only five days to pack up all edited DVD's and ship them to the Hollywood studios which opposed the companies in the litigation.
Quote from the decision:
"Within five (5) business days of the date of this Order, CleanFlicks, LLC; ASR Management Corporation d/b/a CleanFilms f/k/a MyCleanFlicks; Family Flix, USA, LLC; and Play It Clean Video, LLC, their officers, agents, servants, and
employees, and all persons in active concert or participation with any of them shall deliver to counsel for the Studios for destruction all unauthorized edited, or otherwise altered, copies or versions of any motion picture in their possession, custody and control the copyright in which is owned or controlled by any of the Studios.
Within five (5) business days of the date of this Order, CleanFlicks, LLC; ASR Management Corporation d/b/a
CleanFilms f/k/a MyCleanFlicks; Family Flix, USA, LLC; and Play It Clean Video, LLC shall each execute and deliver to counsel for the Studios an affidavit confirming that all materials set forth in Paragraph 10 have been delivered to counsel for the Studios in accordance with said paragraph and that it is no longer in possession, custody or control of any such items."
The technology we sell was dropped from this lawsuit last year in
accordance with the 2005 Family Movie Act of 2005. This technology is protected by Congress.
Quote from the decision:
"During the pendency of this case Congress enacted the Family Movie Act of 2005, Pub. L. No. 1099, 119 Stat. 218, 223224, amending § 110 to provide an exemption for the editing of motion pictures by a member of a private household if no fixed copy of the altered version of the motion picture is created. That
statute eliminated from this case those parties selling technology enabling such private editing. The legislative history shows that the amendment was not intended to exempt actions resulting in fixed copies of altered works which the House Committee believed illegal. 2 Thus, the appropriate branch of government had the opportunity to make the policy choice now urged and rejected it.
The technology we sell does not make a "derivative
work;" that our technology merely enables families in their homes to customize the playback of movies. ClearPlay is not unlike a very intelligent remote control, skipping and muting over unwanted segments. In contrast, Clean Flicks focused on their "fair use" right to make copies of movies, even though they may be derivative works.
Clean Flicks have since closed their doors. For the complete decision text click here.
-Family Safe Media