The ViewerChoice Lawsuit
FAQ
Last update:
Q. Isn’t this a “David and Goliath” case?
A. Consider :
Total
revenue of viewer choice companies = less than $10 million/year
Total customers of viewer choice companies = growing,
but less than 20,000
“lobbying” = 3 of 13 can call 1 member of
Congress
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Total revenue of media companies = greater
than $100 billion/year (MGM $1.6; Disney $25; TimeWarner $36+…)
Marketing budget for just one (of
hundreds/year) movie = greater than $20 million
Customer base for media companies = of US
pop. 268,000,000; 99.1% have TV
Media lobbying = $6.8 mil by Disney in 1998
yielded 36% extension on copyright (20 years more)
Q. What is so complex about the trademark? Isn’t it just straightforward because the studios own the trademark?
A. Can the names of movies be used for any purpose that generates financial gain to another company/party? The answer to this is that any reviewer of a film can use the title freely without having to compensate the owner of the trademark.
Q. Isn’t this just the VCR argument all over again?
A. It could be analogous insofar as the content creators expressed a concern about their customers being thieves. However, the parties that were competing over this issue are actually on the same side of the fence now. Sony, who was once focused on technology, now produces content and is not prepared to “represent” the best interest of the content customer.
Q. I bought a DVD and I watched it, so what’s the big deal?
A. And you chose to watch whatever parts of it you wanted and in whatever sequence you wanted. This suit involves technology that would allow you to continue to watch the DVD differently the next time you sit down to watch it with your husband or the kids. If you are okay with the love scenes, but don’t want your kids to see them, then no more guessing with the FF button, you let the player take care of the problem for you. If the DGA wins, then you get to experience the movie their way because you can’t have access to the new technology.
Q. Can a person sell a used video?
A. Garage sales have been going on for years that have included records, cassettes and other forms of media. There has also existed the principle that I can contribute my software, book, game etc. to a local Goodwill or charity that may then resell the product for its financial gain. We are not aware of any legal precedent that incriminates these transactions.