![]() KALEIDESCAPE, INC., Defendant and Respondent. ![]() H031631.Ĭourt of Appeals of California, Sixth District. *701 Akin Gump Strauss Hauer & Feld, Edward Peter Lazarus, Michael C. Mitchell Silberberg & Knupp and Wade Brandon Gentz for The Motion Picture Association of America as Amicus Curiae on behalf of Plaintiff and Appellant. Wiebe Thelen Reid Brown Raysman & Steiner, Keith L. Slenkovich, Tomomi Harkey The Moore Law Group, Thomas E. The Content Scramble System (CSS) is the standard technology used to prevent unauthorized copying of movies and other copyrighted content stored on DVD's. (Kaleidescape), licensed CSS from plaintiff DVD Copy Control Association, Inc. (DVDCCA), in order to develop a home entertainment system for viewing movies distributed on DVD. The system Kaleidescape developed is capable of storing and organizing content from thousands of DVD's. Once stored in the Kaleidescape system, the DVD content may be played back at any time, without the need to reinsert the physical DVD. ![]() ![]() ![]() This feature of the system simplifies the storage and organization of very large DVD collections. It also allows users to make *702 permanent copies of borrowed or rented DVD's so that a user could amass a sizeable DVD library without purchasing a single DVD.ĭVDCCA sued Kaleidescape for breach of contract and breach of the covenant of good faith and fair dealing. The trial court found that General Specifications was not part of the agreement between the parties because it had not been incorporated by reference into the written agreement Kaleidescape executed (License Agreement).ĭVDCCA alleged, among other things, that, because the Kaleidescape system allowed users to make persistent copies of DVD's and did not require the physical DVD for playback, it did not comply with specifications contained in a document entitled "CSS General Specifications" (General Specifications), which, DVDCCA maintained, was part of the agreement between the parties.Īfter a court trial, the trial court entered judgment for Kaleidescape. Without reaching the issue of breach, the trial court also held that, even if General Specifications was part of the overall agreement between the parties, its terms were not sufficiently definite to allow for specific performance and injunctive relief was unavailable because DVDCCA had not shown it would suffer irreparable harm. ![]()
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