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Movie Streamers Line Up Heavyweight Lawyers To Fight MPAA

The bizarre-yet-brilliant streaming movie service Zediva recently punched a hole straight through the MPAA’s restrictive licensing roadblocks. Now the fledgling outfit is facing the legal might of Hollywood who want to bomb it back to the Stone Age. Perhaps surprisingly, Zedivca aren’t rolling over and have instead compiled a dream team of lawyers to fight back.

Earlier this year a brand new streaming movie service appeared which repackaged and augmented something old in order to fill a gap in the market. The both brilliant and bizarre Zediva service allowed subscribers to watch movies online that are not available on services such as Netflix because they are still in the DVD sales window.

A product of the movie industry’s licensing rules put in place to avoid the cannibalization of DVD sales, Zediva allowed its subscribers to rent and view physical DVDs remotely using the Internet. Needless to say the MPAA weren’t amused and in early April they filed a lawsuit at the U.S. District Court in Los Angeles.

“Zediva illegally streams movies to its customers without obtaining required licenses from the movie studios,” said the MPAA, adding that Zediva is little more than a “sham”.

Zediva

But rather than roll over and die, perhaps surprisingly Zediva are fighting back. According to Paid Content, Zediva have hired a team of lawyers from “elite” San Francisco law firm, Durie Tangri.

The team includes Joe Gratz, the lead attorney in the recent case of EFF/Augusto v Universal Music Group. Troy Augusto was sued by UMG for selling promo CDs on eBay and was represented by the EFF. He won the case, affirming an eBay seller’s right to resell promotional CDs bought from secondhand stores.

Also on the team is file-sharing expert Michael Page. He was lead counsel for Grokster in their epic battle against the record labels and studios, representing them at district, Ninth Circuit, and Supreme Court levels. For this he received the California Lawyer Attorney of the Year award for 2005.

Also on the team is Mark Lemley who commands a place in countless lists of “most-admired” Intellectual Property lawyers. An author of six books, Lemley is a founding partner of Durie Tangri, a veteran of cases involving Comcast, Google, Grokster and NetFlix, and has taught intellectual property law to both federal and state judges.

As detailed by Paid Content, the MPAA aren’t taking any chances either. They’ve hired a team from Munger, Tolles & Olson which includes Glenn Pomerantz and Kelly Klaus – lawyers currently engaged in beating up LimeWire.

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  • Mudkipz

    i have an erection.

  • Grindleader

    Isn’t interesting how, when people actually do something and fight back, at least in this arena, they usually win.

    • Anonymous

      Keep on hiring expensive lawyers …. Yeah…. the more the better….

      The Maffia will run out of cash quickly at this rate……

      Jack Murdock will be out of a Job : ) epic win

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  • http://www.facebook.com/eric.boehm Jack Murdock

    All the lawyers in the world can’t explain away that the fact that site streamed movies without the owners permission.

    • Mokaki

      Wasn’t that the whole case? That streaming something playing from a legally bought disc is actually legal?

      • http://twitter.com/metalmaniac253 Anthony Arcese

        The case is that this is the same as renting from a video store, and not truly “streaming” so the court cases about renting should apply here. That’s the argument, and it does make sense when you look into it

    • Gae

      And all the MPAA lawyers in the world can’t explain away the fact that customers just watched a rented dvd with a really long cable between the dvd player and the screen.

      • Ninja

        Epic comment. I made a mental picture of a hdmi cable crossing a few US states and lol’d. 

      • Ninja

        Epic comment. I made a mental picture of a hdmi cable crossing a few US states and lol’d. 

      • http://crashsuit.blogspot.com crashsuit

        “DVD plays there, movie shows here.  You can’t explain that.”

    • Anne

      Did you even read the news story or did you just copy and paste a PRO copyright line into your post as normal.

      It says that the movie streaming website has award winning lawyers which know what the fuck they are talking about.

      Award winning lawyers are not going to support a company if they think that they can not win.

      • Crokers

        Uh, I think they will if they pay well enough.No matter who wins or looses, lawyers win.

    • Ryzzo

      I think you misunderstand the difference between a streaming license and delivering rented content via stream. This is a little technical, Jacky Boy, but try to follow… (/insertirony)

      A service like Netflix has a license to stream content to clients, and rightfully so. They can take one digital copy of a movie and stream it to as many people as have paid for it. This one copy to many viewers simultaneously is the purpose of the license.

      Zediva rents physical copies of movies. One copy per rental at a time. This is the same as going to a movie rental store, renting a new movie, taking the dvd home, putting it into your computer, and streaming it to your TV via your local network. The difference between this and Zediva is only the proximity of the dvd player to your viewing monitor. In both cases, the content is streamed from a playing device to the monitor.

      Proximity is not a relevant factor to the legality of an established legal practice. The MAFIAA doesn’t have a case here, and the quality of the lawyers hired by Zediva is certain to explain this to them in court.

      Hope that was simple enough for even you to understand. I can use smaller words if you need me to, Jack. Kthnxbai

      • Ninja

        Stellar quality if you ask me. MAFIAA will lose epically. 

    • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

      They (Zediva) do own the physical discs and are paying licenses to rent them out (Usually the license to rent is wrapped up in the high price of a disc for rental). from previous reading, they are limiting playback to the number of discs owned.

      When you hire a disc for private use you can put it in whoever’s player you want. You can be lazy and ask someone else to put the disc in for you.

      With all Bluray and most new Dvd players having HDMI you stream the video betwee player and tv anyway.

      As I see it it all revolves around the length of the lead.

      As I see it, so long as the person renting the disc has exclusive right to it for the duration of the rental, I dont see the problem as in reality all the company is doing by streaming the disc is saving the dead time a disc would be in the post

    • Grindleader

      Jack Jack Jack, do you just like to argue? Just like to take an opposite view? I know that many people make comments about how you are a paid shill. Is that in fact true? I am starting to think it may be. You just post mindless drivel most of the time. It’s like these idiots who only vote their party regardless of the issue or stances taken by either side.

      In all honesty, both sides have some reasonable points. Wouldn’t it be better to work things out where both sides win? Or, at the very least, take an in depth look at some of these laws, and see where the real issues lie, and then find an equitable solution for both sides, instead of the carpet bombing tactics that are currently used?

      The truth is, it is about control, and who has it. My constitution says I have control, not some media mogul. What does yours say?

      • Anonymous

        Yep.. a paid shill troll 100%…. Even an extreme pro-copyright fan , would not find anything wrong with Zediva..

        Zediva use a new business model…..

        The industry don’t want that…..eh….. jack the whack

        Of course the industry pay people to blog and comment on blogs…….

        They want to KEEP selling us worthless copies at extortionate prices……

        They will do anything to keep the power to profit from worthless copies……..

        FFS… sell us something that is worth something…..

        Stop trying to con us into buying something ,that can be copied endlessly at zero cost
        ….hence… worthless
        ….. ( It’s Physical reality
        Crack head Jack )

    • Grindleader

      You know Jack, something just occurred to me. You come in here pretty much daily from what I can see, and post inane unsubstantiated comments generally counter to what this site deals with.

      I don’t know if this has been brought up before, but I will mention it because it makes a perfect example.

      Has it ever occurred to you Jack, that you are actually ABLE to post on this site? You are ALLOWED to post here, even though you have an opposing view. Why is that? It’s called freedom Jack. It works great when implemented in the manner it was intended.

      If the owners of this site decided to take your view, the corporate view, they would be charging you some outrageous price to post, or just block you outright because you have an opposing view.

      Is that fair? Is it right? Would you call it censorship?

      Have you forgotten what freedom is really about Jack, or are you so brainwashed and/or paid so well that you are willing to give it up? Or is it just an inconvenient truth that you ignore because you are more worried about getting what you think you deserve?

    • Grindleader

      You know Jack, something just occurred to me. You come in here pretty much daily from what I can see, and post inane unsubstantiated comments generally counter to what this site deals with.

      I don’t know if this has been brought up before, but I will mention it because it makes a perfect example.

      Has it ever occurred to you Jack, that you are actually ABLE to post on this site? You are ALLOWED to post here, even though you have an opposing view. Why is that? It’s called freedom Jack. It works great when implemented in the manner it was intended.

      If the owners of this site decided to take your view, the corporate view, they would be charging you some outrageous price to post, or just block you outright because you have an opposing view.

      Is that fair? Is it right? Would you call it censorship?

      Have you forgotten what freedom is really about Jack, or are you so brainwashed and/or paid so well that you are willing to give it up? Or is it just an inconvenient truth that you ignore because you are more worried about getting what you think you deserve?

      • Anonymous

        Based on his previous history, I’d say he just ignores what isn’t convenient or beneficial to him, his side of the argument, or his point of view in general. If you look a bit below IDIOCRACY seems to have found something that shows what Zediva is doing is legal. Now Jack has on more than one occasion called “pirates” out and said they won’t reply to anything he says because they have no proof or facts to back them up, in addition to, knowing that they are in the wrong. As IDIOCRACY has just shown though, Jack is in the wrong here, and he has written out an explanation about what is going on and how it is legal. This is the part, where per his history, Jack will not respond to what IDIOCRACY said or (possibly) comment again in the article.

        As for censorship, I’m not sure if he did comment in the “Censorship Bill” article, I know you did because we had a bit of a back and forth conversation going, but he does approve of things like that. Just click his name and go through his history. He’ll fall back on the “you pirates are just mad because someone’s trying to stop you and your sense of entitlement to have anything you want free, you thieves” over and over again in regards to anything about censoring sites. Freedom means if it isn’t MPAA/RIAA approved or in accordance with what they want/their wishes, it should be blocked/censored because it’s costing jobs, money, and etc.

        • Ninja

          I’d add some arguments but it’d be copying and pasting yours (and onthers here). Meanwhile I’ll be making a 30 km cable to stream a DVD from my home computer to my friend’s house. I hope MAFIAA sues me for illegally streaming my own DVD to myself.

        • Anonymous

          Lol. I bet you if they found out about you doing that they’d certainly make an attempt.

          “Mr. Ninja, now you do understand that when you purchased that dvd you essentially agreed to watch it only a certain way. Now we get that you can physically carry the dvd with you to your friend’s, and that’s something we can’t stop, lucky for you. But playing it at your house and running the A/V cables 30 km to your friend’s house? That’s just unacceptable and violates the terms you agreed to when you purchased it. You are streaming, pure and simple, and since you didn’t purchase a license to do so we are going to sue!”

          I think that’d be pretty much what they’d say. Seem to be what Jack’s saying. And as we all know, he not only speaks for artists whose works are being pirated, he speaks for corporations. Now behave you bad, bad pirate you. [swats you on nose with rolled up newspaper] No clever games! Running cables all over the place, we’ll have none of that! : P

    • IDIOCRACY

      So all the lawyers in the world can actually explain why you are not allowed to use someone elses DVD player to play your physical existing rented DVD which while playing can only be seen on your screen.

      So please explain, because I just downloaded all possible precedents and relevand Law books, but seem not be able to find somewhere in them that it is actually forbidden.

      How is that possible? By the way I used google search for the torrents to find and then added the content to my website which has google search embedded and there with google search I did not find anything either???

      So Jack you know more than me, can you tell me where you get that wisdom (link to a torrent is prefered).

    • IDIOCRACY

      Ah. I found it.
      When streaming is conducted to a single computer, it can be considered as a mainrame terminal connection, that means no other can see the same stream, therefore no permission is needed from the owner (copyright owner) because the permission is already there, this is the actual rental permission. The DVD that is streamed is at that moment in posession of the rentee in the loaned DVD player at the service location which is therefore his property during the rental period. The law makes no restrictions in how the connection between the owners DVD player and his TV is accomplished other than illegal use of a restricted frequency (military or civil). Therefore it is legal.

      • Anonymous

        I’m going to assume that is actually what you found and the truth. (I’d give you the benefit of the doubt way before Jack as far as “proof” or “facts” are concerned.) But now that you’ve found that, you do know what comes next right? From Jack I mean. Ignoring what you just said. Waiting a day or so. Or perhaps just waiting a few hours and reposting his stance. Which is “they’re doing illegal things and no lawyers can save them, they’re streaming movies without permission”. It’s how “he rolls” so to speak.

        That is very cool of you though. That you went and found that stuff. We need more of that on here. A well earned “like” to you sir.

        • Anonymous

          Lol, i would actually expect the makers of DVD players to be complaining. You know because customers will no longer be buying them…

        • Donotreply

          DVD printers/manufacturer too.
          Not having to rent out discs means less risks of the discs being damaged beyond repair (be it general wear and tear or improper handling of the disc), less downtime while replacing the scratched disc (on top of time during post/transit as earlier comments mentioned) plus less expenses on replacement discs (hence the unhappy DVD printer/manufacturer) and chasing up debts from people not returning discs on time or paying other fees (would make debt collectors a little unhappy).

      • Anonymous

        I’m going to assume that is actually what you found and the truth. (I’d give you the benefit of the doubt way before Jack as far as “proof” or “facts” are concerned.) But now that you’ve found that, you do know what comes next right? From Jack I mean. Ignoring what you just said. Waiting a day or so. Or perhaps just waiting a few hours and reposting his stance. Which is “they’re doing illegal things and no lawyers can save them, they’re streaming movies without permission”. It’s how “he rolls” so to speak.

        That is very cool of you though. That you went and found that stuff. We need more of that on here. A well earned “like” to you sir.

    • Anonymous

      How in the world can even you be against this? People pay for this service. They rent a DVD that plays in the dvdplayer at the store. And the video comes to the customer with a very long cable. Do you just have to be against everything? Are you against cars, telephones and radio also? Are you an Amish extremist on the internet, lolwut? Like i said, people are paying for renting a DVD so WTF Jack.

    • Grindleader

      LOL, funny, not a peep outta Jack so far.

    • Ninja

      Actually they have the license to RENT DVDs. And that’s what they are doing except that the clients watch the disk through a connection. According to MAFIAA they need permission to have permission. Or so it seems.

      You fail. As always.

  • Lucky Bastard

    lol

    Another http://www.deviloid.net member here !!! loool

    • Fan

      Deviloid – a tracker which shamelessly stole design from another tracker.

      As for the matter – good luck to Zediva, this case looks solid for them.

  • Anonymous

    if Hollywood had their way they would charge you a fee per amount people you have in your living room watching the movie

    • Oliver Davenport

      And if you leave your curtains open, you will have to pay extra, as someone could watch through the window!

    • cgimusic

      God forbid if your parrot over hears the soundtrack. You would be paying fees for the rest of of its life.

      • DarkSource

        PMSL @
        cgimusic
        thats got to be the funniest thing I have heard today.
        You have made my day.

    • Anonymous

      Just like singing “happy birthday” then….. $2 million in annual royalties…..

      Happy birthday to you

      If you sing it , we’ll sue

      Now with the new law-wss

      We can throw you in jail to.

      • Anonymous

        Quick solution: kill the person who sung it, then wait some time :p

        (And say that you were inspired by [insert crappy MPAA-released movie here]. Will get banned in no time.)

  • RiddickHater

    The fact that Zediva only streams (rents) simultaneously the number of copies they have shows that they are complying with the spirit, if not the letter, of the law.

    Basically the composite/component/HDMI cable is being replaced by an Ethernet cable.

    What Hollyweird doesn’t like is that it used to be that a store had to buy 50 copies of a shitty Adam Sandler movie (sorry, I guess there is some redundancy in that clause) to service, say, 500 people per week. Now the video store might be able to service the same 500 people satisfactorily with only 10 copies or so. Multiply that by the # of video stores/services, and you see why the cigar-chomping fatcats don’t want to give up their $125,000 Mercedes rides and champagne buffets!!!!!

    Everyone say it with me: “HOLLYWOOD, YOUR FAILED BUSINESS MODEL IS NOT MY PROBLEM!!!” (not my saying – see Creative Commons or just google the phrase)

  • Pingback: Movie Streamers Line Up Heavyweight Lawyers To Fight MPAA | Links Daily

  • http://twitter.com/uJonesing Utah Jones

    Is Johnny Cochrane involved? “If the IP can’t identify, you MUST unguiltify!”

  • coffeeright

    Hickory dickory Jack
    his computer got hacked
    the clocked struck 1 his hard drive burst
    hickory dickory Jack
    Woops, did I just commit copyright infringement?
    Beyond that, I agree that the streaming service seems to have a good case, and oh damn how I hope they win, then sue the MPAA for all the money they had to pay on lawyers.

    • Donotreply

      ‘Woops, did I just commit copyright infringement?’

      If this is correct:
      https://secure.wikimedia.org/wikipedia/en/wiki/Hickory_Dickory_Dock

      ‘The earliest recorded version of the rhyme is in Tommy Thumb’s Pretty Song Book, published in London about 1744, which uses the opening line: ‘Hickere, Dickere Dock’.[1] The next recorded version in Mother Goose’s Melody (c. 1765), uses ‘Dickery, Dickery Dock’.’

      Then Rhyme = Open Source/Public Domain (I’m Not a Lawyer but IMO your most likely safe from Copyright Infringement).

      • coffeeright

        Lol nice, was being sarcastic though, lol. Soon just singing a song in the shower will be considered copyright infringement.

  • Anonymous

    Hey Jack if I send you a list of everything I downloaded and cataloged will you send me a bill so I can pay Hollywood. i feel rather guilty Im depriving the fat cats and over paid actors of their money to buy hookers drugs and lavish lives while I slave away trying to survive.

    I mean really what was I thinking Im bankrupting the system sharing my store bought collection of over 500 dvds and blurays with the world.

    Guess I should stop using Linux as well because Im costing the hardworking people at Microsoft money right?

    • Crokers

      lol…hey dude they can spend their money how they want, it’s not their fault your “slaving away trying to survive” (whatever that means).

    • Anonymous

      Well the problem for people in Europe for example is that they actually do not have a place where they can pay. Even if they wanted to. You only have the right / possibility to be sued. So if you go tell them you want to pay for what you downloaded, they won’t let you pay, but they’ll sue you. Because that’s the kind of people they are.

      • Anonymous

         Indeed. I want to pay for watching TV/movies online. But I can’t. Only music works out. (Will I get sued for downloading BBC shows in Holland if I pay my cable fees which include the BBC?)

  • Anonymous

    Hey Jack if I send you a list of everything I downloaded and cataloged will you send me a bill so I can pay Hollywood. i feel rather guilty Im depriving the fat cats and over paid actors of their money to buy hookers drugs and lavish lives while I slave away trying to survive.

    I mean really what was I thinking Im bankrupting the system sharing my store bought collection of over 500 dvds and blurays with the world.

    Guess I should stop using Linux as well because Im costing the hardworking people at Microsoft money right?

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  • DarknezzMadnezz

    I really wish you people would stop feeding the trolls…

    • Grindleader

      Turn about is fair play.

    • Ninja

      Actually it’s fun. I tried to start the “Ignore Jack Moron” campaign but failed.

      Jack is not your nice troll, he doesn’t always reply but he succeeds quite well in shaming himself. 

  • http://www.facebook.com/jordan.kratz Jordan Kratz

    I wish upon a Star tonight that I might see the beast Hollywoood

    DIE !!!!

    • Bob

      No….Hollywood must not die!………Long may they continue to churn out rubbish that i can watch totally gratis free. Come on now…Its not worth paying for is it? This is what upsets them so much…People watch for free then warn mates, family members workmates etc to avoid at all costs, As its crap. The internet is a great communicator………Long may it continue.

  • Anonymous

    Nobody can see when someone is watching a movie in streaming ! Also, no one can see when you’re downloading movies on special newsgroups ! You can also use a VPN to be anonymous ! (have a look on http://best-newsgroup-provider.com to find a special newsgroup deal)

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  • Fugasmic

    As long as they are streaming to no more people at once than they’ve bought rental DVDs for, then they certainly have a good chance. If they bought 10 DVD’s and stream it to 300 people in a night then they have a problem.

  • Fugasmic

    As long as they are streaming to no more people at once than they’ve bought rental DVDs for, then they certainly have a good chance. If they bought 10 DVD’s and stream it to 300 people in a night then they have a problem.

  • Guest

    good for them

  • Pingback: Embattled DVD rental company Zediva hires legal dream team | MyCE – My Consumer Electronics

  • Foff

     Hey jack go jack off to the one porno vid you bought while the rest of us do it to the 150 we just downloaded!!!! HA! HA!  It seems to me CD and DVD sales are anti green.  I am still waiting for Discs to die.  I torrent now or get stuff from cyberlockers when is holly stupid going to get on board. How many years are the going to lose money before they wake up?  I guess it is companies like this one that are finally going to force them to rethink their model.

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  • IDIOCRACY

    As I went through some of the copyright laws last night to troll Jack Murdock, I came up with a sharing programm that is in the same way perfectly legal:
    Check this out:

    Start a company that trades in 2nd hand DVD’s (that is legal), then setup a webserver with a webstore where people can remotely buy those 2nd hand DVD’s.

    Also offer the people that buy a 2nd hand DVD a buy back guarantee for a slightly less amount than that what they bought it for from you. (you got to earn the costs of the bandwidth and equipment back, but make it non profit).

    Then as everybody is entiteld to copy his own DVD for back-up purposes, offer a back-up service as well (you can back-up them when you as a company own them).

    Now this is the catch, everybody that buys a 2nd hand DVD from you, you offer them to rent a vault with a number to put the DVD in. The content of the vault is the buyers property (DVD) and offer them then to download the DVD backup as a service as soon as they paid for the DVD and the vault. Put in the rules of the shop that the DVD backup has to be destroyd when they sell the DVD back to your shop. You as a shop had to delete the backup after download by the buyer or save it on a by the buyers rented digital vault as well, in case of deletion, make a new backup when the DVD is bought back or undelete the deleted backup.

    Of coarse only one can be the owner of the DVD at the time, but this is no different than the topics company. the Fun part is that there is no need for streaming just downloading.

    Anyone wanting to start this up with me ???? I already have a good domain for it and it is eu domain  hehe grin :P

  • Grindleader

    Protecting business is fine and dandy, no problem there.  Protecting
    shady, ill conceived, harmful, dishonest, selfish etc business practices
    IS a problem.

    People need to learn to differentiate.  Protecting
    business is generally good, protecting bad business practices or policy
    is bad. 

  • http://toby7728.myopenid.com/ TT7728

    Awesome. :’)
     

  • BTGuard - BitTorrent Anonymously

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