Next Court activity: Review motions for summary judgment

Complete Court Docket as of: May 20, 2004

(March 15, 2004 )

(lots of motions)

(May 30, 2003 Clearplay files Summary Judgment Motion)

(April/May 2003 Depositions with Martha Coolidge and selected Directors occurred)

(March 13, 2003 Scheduling Hearing was held. There were 7 attorneys representing different viewer choice companies and 5 from DGA & Studios)

(February 14, 2003 Scheduling Hearing was postponed due to lack of consensus on scheduling for proceedings between the parties)

Some would say, “David and Goliath”, others would say, “complex copyright and trademark litigation” and others would say, “ain’t this the VCR all over again?” For an answer to these questions, please see our slowly developing FAQ. We will provide a brief history of this litigation, a list of the different issues that are being contested, and the actual filings. As we move forward, we will provide links to articles that discuss the different issues so that you can become better informed on the issues that are complex and those that are straightforward.

Brief History

When a press release was found on the DGA (Directors Guild of America) website, CleanFlicks of CO decided to take preemptive action at the end of August 2002. This was done in order to avoid any injunctions that could have curtailed their business. It was also done so that clarity and guidance could be provided to an industry that was just coming in to its infant stage across the United States (predominantly the western region).

Various companies have been editing during the past 15 plus years, including theaters. Each of them focused on a small demographic group, however the most recent round of companies raised the attention of the DGA. One company was very aggressive in trying to work a deal with directors of films and was not successful, as demonstrated by the subsequent lawsuit.

Issues

1) Can a company sell or rent to viewers an altered version of a movie?

2) Can a co-op organization sell or rent to its members an altered version of a movie?

3) Can a company use a title of a movie without the express permission of the creator/trademark owner ie. posters in a rental store?

4) Can a company list the title of a movie on a website without the express permission of the creator/trademark owner?

5) Can a company produce software that allows viewers to watch DVDs?

6) Can a company distribute a ‘playlist’ (a script for DVD playback)?

7) Can a company distribute a DVD player that executes playlists?

8) Can a company distribute a ‘playlist’ (a script for DVD playback) and a player that executes the playlist?

9) Can ANY piece of technology help a viewer mute “obscene” language when their children are watching?

Filings with the Court (most recent first) = [Complete Court Docket as of: May 20, 2004]

Amicus Brief from Intel

Amicus Brief from Electronic Frontier Foundation (EFF)

ClearPlay Inc. files Summary Judgment motion

ClearPlay Inc. files Counterclaims with Court

Studios reply to Motion and file Complaint with Court

CleanFlicks of CO files an amended Complaint with Court

The Court orders that the DGA motions be granted

(motion to represent directors, motion to join studios, motion to join other companies)

CleanFlicks of CO replies to DGA Counter

DGA files Reply on behalf of Directors and Counters

CleanFlicks of CO and Huntsman file Complaint with Court

Press release that was allegedly found on the dga.org website.