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DVD CCA appeal "settled"?

videofile

Active member
Joined
Oct 30, 2009
Messages
45
Surprised this hasn't been picked up anywhere or resulted in an update to Kal's legal page... anyone know what the deal is?

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=6&doc_id=2007955&doc_no=H038037

05/12/2014 Request for dismissal filed. by appellant Kaleidescope, Inc.
05/12/2014 To court.
05/13/2014 Appellant's notice of settlement filed. joint notice of settlement
05/16/2014 Letter sent to counsel re: The court has filed and reviewed your joint notice of settlement. The court would like to review the parties' stipulation in this matter before ruling on the pending request. (Cal. Rules of Court, rule 8.244, subd. (c)(2).) This matter currently remains set for oral argument on Wednesday, May 21, 2014, at 9:30 a.m.
05/19/2014 Dismissal order filed. Pursuant to the request of the appellant, the appeal filed on March 9, 2012, is dismissed. The matter is ordered off calendar. The remittitur shall issue forthwith.
05/19/2014 Remittitur issued.
05/19/2014 Case complete.
 
More details will follow in the near future, but obviously the parties are moving forward.




Jim
 
Yup, it is now public knowledge that the case has settled, but the exact terms of the settlement have not yet been released and according to Julie's article that's because both parties agreed to wait before releasing those details.



Jim
 
Hmm. Good point. Do you think that would be a wise decision Jim? I was waiting for our 2nd home to be built, but maybe I should buy before it's built so that I can copy my current content over.
 
Just speculating. Since we don't yet know the terms of the agreement, they maybe required to disable our legacy players via a software update too.

Good luck
 
Seems like a big nut to just leave out there. I like to believe the advent of UV and downloads has rendered the subject as some what mute, but that could be wrong.
 
Without knowing the specific terms of settlement, my advice is:

1. If you were already planning to buy a K system, then buy it, and enjoy the incredible user interface we've all been enjoying for many years.

2. If you already own a system and are thinking you should quickly buy another to circumvent what might be a restriction regarding DVD's on future systems, I'd say pass and wait for the settlement terms.

I do know for certain that K is not, and has not, encouraged any of us dealer's to expedite sales because of some looming deadline, on the contrary, K has handled this pending settlement matter in strict confidence and has made no attempt to influence sales or speed up order processing. This is not at all surprising given the level of professionalism exhibited by all of K's personnel, and especially under current leadership.

In the end, it is what it is, and we will all adjust and continue to enjoy the finest system of its kind currently available in the marketplace.:)



Jim
 
Interesting times ahead.

DVD CCA is a trade organisation, so it is hard to see how they could make an agreement just with Kal (without it forming some kind of precedent). There is only one DVD CCA license and tech specs for everyone wanting to develop DVD technologies to sign.

If they've settled effectively in Kal's benefit, allowing the manufacture of DVD archival systems, then that opens the doors to cheaper copycats like the system Real Networks wanted to develop. I wonder if in that situation Real would have basis for action against DVD CCA?

I guess the terms of the settlement will have to come out soon enough.
 
Naturally this hits right when I was about to finally pull the trigger on some upgrades. Stupid settlement... no idea what to do now... may just cause further delays waiting to see how grim the situation is and whether the impending gimping (cannot expect a terribly sun-shiney result when K is the one asking for it to be dropped, though reading through the list again... who's turn was it to appeal this time?) will result in price drops.
 
I've read nothing posted or linked in this thread to indicate if the drink of choice after reading the terms of the settlement will be Champagne or Jack Daniels. ;)
 
Right. My wild speculation is maybe they got everyone with a system grandfathered but no new systems can be sold that store DVDs without discs in a vault or some other such arrangement or unless it is DL from the store.........
 
Right. My wild speculation is maybe they got everyone with a system grandfathered but no new systems can be sold that store DVDs without discs in a vault or some other such arrangement or unless it is DL from the store.........

This is probably a good bet. I'm hoping that a by-product of this settlement is more studio involvement in the K-store.
 
We'll as someone who would need to invest in at least another 12 disk vaults if I needed to keep my DVD disks online I hope there is a 'grandfathered' solution. I have neither the space nor the investment money to add the additional disk vaults to my system. The vast majority of my collection is UK And European TV series rather than 'Hollywood blockbusters' so there is no chance they will come to the download store.
 
Being as K was the one that settled, I would hope that if there is a major change to the K structure, they would have communicated this immediately after the settlement occurred as they would have had time to prepare.

To think that executive management at K would allow dealers to sell and owners/new owners to invest, while management knew something was going to change materially, to change the value proposition would be pretty reprehensible.

I will take the glass half full view for now…
 
I am sure we are going to lose DVD import for new systems. That would seem to be irrelevant for most people. Blu Ray should not change as it requires the disc to be in the drive. My hope is that this will get more downloads in the store and turn Kaleidescape into the premier movie download site. This should reduce the overall cost of hardware as they will need to cut a wider path to move all those movies. I prefer the download to Blu Ray.
 
I am sure we are going to lose DVD import for new systems. That would seem to be irrelevant for most people. Blu Ray should not change as it requires the disc to be in the drive. My hope is that this will get more downloads in the store and turn Kaleidescape into the premier movie download site. This should reduce the overall cost of hardware as they will need to cut a wider path to move all those movies. I prefer the download to Blu Ray.

Is there any reason to think there's any correlation to K "losing" and having to ditch DVD imports (or require them to be in the vault, too) and signing up more movie studios for the download store? I'm not seeing that, but I'd love to be wrong. I think the future is downloads, but only if they can get most of the major studios. Without that, I'm not feeling that great about K's future. The vault is just too expensive and too cumbersome for most people, I'm thinking. And the download store WAY too limited.


--Donnie
 
No direct correlation. But what do you think is keeping the other studios away?

My opinion it's DVD import.

We will soon see
 
I am confident that the movie companies were not going t make a deal with a company who has been in an ongoing lawsuit for a decade. I think we will see everyone but Disney soon. Disney always wants to be difficult.
 
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