DVD Copy Control Association (DVD CCA) Issues Statement After Judge Approves Agreement Ending Litigation with Kaleidescape
"Upon the June 2, 2014 action by Judge William Monahan of the Santa Clara County Superior Court, the DVD Copy Control Association issued the following statement:
"The DVD Copy Control Association ("DVDCCA") is pleased Kaleidescape and DVD CCA have reached a settlement agreement that will result in the end of long-standing litigation over Kaleidescape's use of the Content Scramble System ("CSS"). CSS is the patented technology that, together with the requirements of the CSS License Agreement ("License"), protects copyrighted content on DVDs from being copied.
"Under the settlement agreement, two significant actions have occurred in the California courts.
The remaining terms of the settlement agreement between DVD CCA and Kaleidescape are confidential. The effect of the settlement greement and the actions by the two California courts is to conclude the lawsuit DVDCCA brought against Kaleidescape to preserve the integrity of the CSS license agreement's anti-copying mandate."
Judge William J. Monahan of the Superior Court of California, County of Santa Clara, has denied a request by Kaleidescape for a stay on the permanent injunction he ordered on its DVD movie server.Judge Denies Stay on Kaleidescape Injunction
Following the final decision of the Superior Court of California, County of Santa Clara in DVD Copy Control Association, Inc. vs. Kaleidescape, Inc., Steven M. Zager of Akin Gump, counsel to the DVD Copy Control Association (DVD CCA), issued the following statement: "The DVD CCA appreciates Judge William Monahan?s thorough review of the issues in this case and welcomes the decision finding Kaleidescape in breach of its contract with the DVD CCA and imposing a permanent injunction against Kaleidescape. The Court recognized what the DVD CCA has maintained all along: Kaleidescape agreed to a contract that mandated certain requirements with which devices must conform in order to comply with the Content Scramble System (CSS). When it developed and marketed its video server systems, it knowingly violated those requirements."Press ReleaseStatement of DecisionJudgment and Permanent Injunction Order
DVD Copy Control Association and Major Motion Picture Studios Successfully Claimed RealDVD Illegally Made Copies of Protected DVDsPress Release
RealNetworks must permanently halt the manufacture and sale of RealDVD under a 'stipulated consent judgment and permanent injunction' approved today by Judge Marilyn Hall Patel of the United States District Court, Northern District of California. The order ends nearly a year and a half of legal action, during which the DVD Copy Control Association (DVD CCA) and the major motion picture studios successfully argued RealDVD violated the Content Scramble System (CSS) license agreement and made illegal permanent copies of copy-protected DVDs.
A temporary injunction stopping sales of RealDVD was imposed in September 2008, shortly after the product was introduced. At that time, DVD CCA and the studios alleged the product - which made permanent playable copies of DVDs - failed to comply with copy protection requirements to which RealNetworks had contractually agreed. Today's order permanently prohibits RealNetworks from, among other things, "manufacturing, importing, marketing, offering to the public, providing or otherwise trafficking in RealDVD."Read the complete order
Following the decision of the California Court of Appeal, Sixth Appellate District in DVD Copy Control Association, Inc. v. Kaleidescape, Inc., William Sloan Coats of White & Case LLP, counsel to the DVD Copy Control Association (DVD CCA), issued the following statement.
"The DVD CCA appreciates the Sixth Court of Appeal?s thorough review of the issues in question in this case and welcomes its decision to reverse the trial court judgment. The Appellate Court recognized what we have maintained all along, Kaleidescape had agreed to a complete contract that mandated certain requirements with which devices must conform in order to be Content Scramble System (CSS) compliant. We look forward to returning to the trial court to obtain an injunction requiring Kaleidescape to comply with its contractual obligations under the CSS License Agreement and Specifications. ...."
Following Judge Marilyn Patel?s decision in U.S. District Court, Northern District of California, Reginald Steer of Akin Gump Strauss Hauer & Feld, LLP, counsel to the DVD Copy Control Association (DVD CCA), issued the following statement.
"The DVD CCA is grateful for Judge Patel's thorough review and thoughtful decision in this matter. The association, which represents the interests of the personal computer, consumer electronics and content industries as well as DVD consumers, is committed to enabling high quality entertainment to be available for use at home and elsewhere. The ability to make that entertainment available depends upon a set of guidelines upon which all participants in these industries can rely."
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