Senior HTF Member
- Oct 30, 1997
- Aberdeen, MD & Navesink, NJ
- Real Name
- Sam Posten
But in a Tuesday ruling, US District Judge Dean D. Pregerson denied the studio’s request for an injunction, arguing that the warning that “Codes are not for sale or transfer” on the DVD and Blu-ray packaging did not constitute a binding contract. Furthermore, he wrote that the licensing agreements that Disney utilizes on the Movies Anywhere and RedeemDigitalMovie websites improperly forced consumers to give up some of their basic ownership rights.
When consumers are redeeming a code, the sites essentially make them acknowledge that they currently own the physical copy that a given download code was bundled with. However, under copyright law, once customers buy a physical copy they are free to sell it, much as they would a used book. The Disney language legally prevents customers from redeeming their digital code — which they paid for as part of their initial purchase — if they have decided to exercise that right to resell the physical DVD or Blu-ray.
“This improper leveraging of Disney’s copyright in the digital content to restrict secondary transfers of physical copies directly implicates and conflicts with public policy enshrined in the Copyright Act, and constitutes copyright misuse,” Pregerson wrote.
Of course, Disney is trying again:
Redbox wouldn’t be buying their stock from a retailer like Amazon, but would get it directly from a distributor at cost.Makes me wonder if Redbox is why you can't preorder Disney on Amazon....
And since I was able to place 25 copies of a pre-ordered non-Disney title in my cart (and quickly deleted them to avoid actually ordering them) I'm inclined to think that may have something to do with it.
Actually, Redbox does purchase their titles from retailers when they do not have a contract with a studio, and that is partially why they began selling digital codes to help recoup some of those costs since they do not have a contract with Disney.Redbox wouldn’t be buying their stock from a retailer like Amazon, but would get it directly from a distributor at cost.
I actually think Disney would be better off offering a special code-less supply of discs at a discount to be distributed to rental outlets. But then I suppose those cheaper discs would end up getting distributed directly to retail outlets too.
TLJ I bought from Target was a BD/DVD/Digital combo pack for $24.The Force Awakens and Rogue One both had DVDs included, but The Last Jedi does not.
Added to the code redeem page:
DIGITAL CODES ARE AUTHORIZED FOR REDEMPTION ONLY BY AN INDIVIDUAL WHO OBTAINS THE CODE AS PART OF A COMBINATION DISC + CODE PACKAGE (A PACKAGE THAT INCLUDES A DVD, BLU-RAY, AND/OR 4K/UHD DISC(S) AND A DIGITAL CODE), OR BY A FAMILY MEMBER OF THAT INDIVIDUAL. BY REDEEMING ONE OF THESE CODES, YOU ARE REPRESENTING THAT YOU OR A MEMBER OF YOUR FAMILY OBTAINED THE CODE AS PART OF A COMBINATION PACKAGE THAT INCLUDED THE DVD, BLU-RAY, AND/OR 4K/UHD DISC(S). YOUR TRUTHFUL REPRESENTATION IS A CONDITION OF REDEMPTION OF THE CODE AND OF YOUR OBTAINING A LICENSE TO ACCESS A DIGITAL COPY OF THE MOVIE.
I'll play Devil's advocate for a moment. How different is selling a digital download code over selling a used copy of the DVD or blu-ray? The initial sale was intended for one individual or household. Yet it is acceptable for huge retailers to have large portions of their physical media sales result from buying and selling pre owned media.This says it all. I just don't know how someone could sell codes, or facilitate the selling of codes, in good conscience.
That's easy. The studio is selling one copy in different forms for that particular owner and extended family, etc. The movie was sold as one item. If you sell the code, fine. Sell your discs with it. Who thinks you should be able to sell your movie and still be able to watch? There's no version of that which is ethical to me. That's not right on the face of it.I'll play Devil's advocate for a moment. How different is selling a digital download code over selling a used copy of the DVD or blu-ray? The initial sale was intended for one individual or household. Yet it is acceptable for huge retailers to have large portions of their physical media sales result from buying and selling pre owned media.