![]() The court gets to retain jurisdiction to enforce the consent judgment. Redbox has agreed to a permanent injunction against selling download codes. Rather than move forward, both sides are calling it quits. On its counterclaims, Redbox then lost all but the claim that Disney had engaged in false advertising. Redbox, he added, had knowledge of clickwrap terms when acquiring the “combo packs” for disassembly and then sale. “Now, however, digital access is conditioned not on possession of the discs, but on the manner of Code acquisition.” “Under the old terms, a Combo Pack owner who disposed of the discs was indeed left with a worthless code because continued possession of the discs was a condition of digital access,” wrote the judge. The judge didn’t like license agreements that purported to stop consumers from downloading movies without foregoing their statutorily guaranteed right to distribute their physical copies of that same movie.īut Disney revised the terms of the “combo packs,” and on its second try, did convince the judge to issue an injunction. District Court Judge Dean Pregerson saw merit in the copyright misuse defense and denied a preliminary injunction. The first round went to Redbox after U.S. Redbox even demanded that Disney lose its right to enforce its copyrights. Redbox argued that it was allowed to resell the movie codes because of the first sale doctrine, which provides that someone who lawfully acquires a copyrighted work is entitled to sell or dispose of their copy. Redbox responded that Disney was engaged in anticompetitive behavior by misusing copyrights to protect the coming launch of Disney+. Disney claimed this was a copyright violation. ![]()
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