The trial court found that General Specifications was not part of the agreement between the parties because it had not been incorporated by reference into the written agreement Kaleidescape executed (License Agreement). DVDCCA alleged, among other things, that, because the Kaleidescape system allowed users to make persistent copies of DVDs and did not require the physical DVD for playback, it did not comply with specifications contained in a document entitled “CSS General Specifications” (General Specifications), which, DVDCCA maintained, was part of the agreement between the parties.Īfter a court trial, the trial court entered judgment for Kaleidescape. It also allows users to make permanent copies of borrowed or rented DVDs so that a user could amass a sizeable DVD library without purchasing a single DVD.ĭVDCCA sued Kaleidescape for breach of contract and breach of the covenant of good faith and fair dealing. This feature of the system simplifies the storage and organization of very large DVD collections. Once stored in the Kaleidescape system, the DVD content may be played back at any time, without the need to reinsert the physical DVD. 1 The system Kaleidescape developed is capable of storing and organizing content from thousands of DVDs.
(DVDCCA), in order to develop a home entertainment system for viewing movies distributed on DVD. (Kaleidescape), licensed CSS from plaintiff DVD Copy Control Association, Inc. The Content Scramble System (CSS) is the standard technology used to prevent unauthorized copying of movies and other copyrighted content stored on DVDs. Wade Brandon Gentz, the Motion Picture Association of America, Mitchell Silberberg & Knupp, Amicus Curiae for Appellant. Economou, The Moore Law Group, for Defendant/Respondent: Kaleidescape, Inc. Slenkovich, Tomomi Harkey, Thelen Reid Brown Raysman & Steiner, Thomas E.
Lambert, White & Case, for Plaintiff/Appellant: DVD Copy Control Association, Inc. Rachel Helyar, Akin Gump Straus Hauer & Feld, William S.
Decided: August 12, 2009Įdward Peter Lazarus,Michael C. KALEIDESCAPE, INC., Defendant and Respondent. | Never Forget (TV Movie) | TV (function(w,d,s,l,i).euvXwP a svg.Court of Appeal, Sixth District, California.ĭVD COPY CONTROL ASSOCIATION, INC., Plaintiff and Appellant, v.
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