FAQs - Kaleidescape DVD Server Ban
How Mozaex Compares to Kaleidescape after the Nov. 30th DVD Server Ban
Disclaimer: The following information includes opinions and references
to articles related to the legality of media servers and the functionality of competitive
company products that are not necessarily the opinions of the company or its employees.
This information is for reference purposes only and should not be construed to accurately
represent other company product specifications or construed as legal advice. Those
seeking legal advice should retain their own legal counsel. Click here to read
a complete Company Disclaimer.
NEWS- June 2 2014
KALEIDESCAPE'S DVD MOVIE SERVER WILL BE BANNED ON NOV. 30th
- Will no longer be able to load DVD movies which represent a vast majority
of movies available worldwide.
- Will only support Blu-ray movies plus a disc changer.
- Online K Store is limited to 6,000 movie/TV titles in USA, Canada and UK
GENERAL QUESTIONS AND ANSWERS
The following opinions were formed from articles referenced below and are provided
to help answer questions regarding the ban.
Question: - Will Kaleidescape Be
Able to Import and Play DVD Movies after Nov.
30th 2014?
Answer: - No, Kaleidescape’s servers
will no longer be able to import DVD discs.
-You will only be able to "import" and play Blu-ray discs with a disc changer.
Question: How Many Movies Available Worldwide Will Kaleidescape be able to Import
after Nov. 30th 2014?
Answer: Only Blu-ray movies which represent
about 60K titles or 20% of the total 275K
DVD/Blu-ray titles available. -Kaleidescape won’t be able to import over 200,000 DVD movie/TV titles available
worldwide.
Question: - How many Movie/TV Titles
are currently available in how many Countries
on Kaleidescape’s KStore?
Answer: Around 5,600 total – 4,400
DVDs and 1,200 Blu-rays in only 3 Countries:
USA, Canada and UK
-A large percentage are TV titles and only Titles from Warner Bro.'s and Lions Gate
are available.
Question: - How many Movie/TV Titles
are currently available in how many Countries
on Kaleidescape’s KStore?
Answer: Around 250,000 total -
50,000 movies plus 200,000 TV episodes in 147 Countries
Question: How many more Movie/TV
Titles and Countries covered are available on Mozaex-iTunes
versus KStore?
Answer: The Mozaex–iTunes Store offers
around 250,000 more movie/TV Titles in 144 more Countries than KStore
Question: - Can Kaleidescape’s KStore
instantly stream movies like the Mozaex –
iTunes Store?
Answer: No – You have to first download
the movie which can take upwards of 8 hours for
a Blu-ray on a good connection
Question: Does the KStore offer 50
million plus songs like the Mozaex-iTunes Store
does?
Answer: - No
REFERENCES
Read More
- 1. Kaleidescape systems will not be able to import DVD discs. There are currently
4,400 KStore DVD titles available.
Article John Sciacca June 5,2014 "What Kaleidescape’s DVD CCA Lawsuit Settlement
Means to Dealers" –
Read article
"As I read the release, following November 29, Kaleidescape systems will still play
back DVDs – either via a single disc-in-tray or when stored in a vault – but discs
will not be imported, correct?
Cheena Srinivasan, CEO, Kaleidescape: "Correct. However, it will still be possible
to import DVDs that are not protected by CSS [such as home videos], just as we do
today".
- 2. Kaleidescape will only import around 60K worldwide Blu-rays or a fraction
of the total 275K+ worldwide DVD/Blu-rays
Article January 9th, 2012: "How Many Movies Are There?"
Read Article
"As of today [Jan. 9, 2012], the Internet Movie Database records 268,246 features
(that’s counting from 1888 to 2017—it includes films that are only in production)."
This site has an index of DVDs and Blu-rays that lists a total of 265,112 movies
as of August 1, 2014.
View Site
IMDB Stats: These stats suggests that there will be over 1 million movie titles
not including the almost 2 million TV episodes to be released by 2021:
A vast majority will be DVD titles that Kaleidescape will no longer be able to import. View Site
It is estimated that approximately 60,000 total Blu-ray titles have been released
worldwide to date.
View Site
Conclusion: Kaleidescape will only be able to import 60K Blu-rays or a fraction
of the total 275K worldwide movies.
Conclusion: Of the estimated 1M movies and 2M TV episodes BDs and DVDs released
by 2021, Kaleidescape will not be able to import or play an estimated 2.5 million
DVDs.
- 3. "iTunes offers over 37 million songs, 700,000 apps, 190,000 TV episodes and
45,000 films as of September 12, 2012"
View Site
-iTunes is in 147 Countries. "The Affiliate (iTunes store) Program is now supporting
147 countries on one easy to use platform"
View Site
- 4. Kaleidescapes KStore currently has less than 6,000 titles many are TV shows,
including 4,400 DVDs and less than 1,400 Blu-rays.
"Currently there are roughly 4,400 DVD quality titles available from the Kaleidescape
store."
Read Article
Mozaex: "Currently as of August 1st, 2014 there are less than 1,400 Blu-ray titles
on the KStore in which many if not a majority are TV show Titles."
Conclusion: The Mozaex supported iTunes store has around 250,000 more Movie/TV
Titles and available in 144 more Countries than KStore
HOW RULING NEGATIVELY AFFECTS KALEIDESCAPE DEALERS & USERS
It is expected that after November 30th 2014, the following prohibitions on future
DVD servers shipped will be enforced:
Read More
- Kaleidescape will NOT be able to STORE DVDs.
- Kaleidescape will continue to REQUIRE an antiquated "Blu-ray disc-changer" to play
loaded Blu-ray movies.
- Kaleidescape will ONLY support Blu-rays and KStore* movies or less than 75K of the
275K total movies in production worldwide
- Kaleidescape’s online KStore reportedly offers around 6,000 titles (4,400 DVDs plus
est. 1,600 Blu-rays) in 3 Countries (USA, Canada, UK)
-In comparison Mozaex’s supported iTunes online store offers around 250,000 titles
(50K Movies + 200K TV episodes) in 147 Countries.
HOW RULING POSITIVELY AFFECTS MOZAEX DEALERS & USERS
The Kaleidescape ruling does not negatively affect Mozaex.
Mozaex will continue to offer the most reliable, highest quality media servers available.
Read More
- Mozaex system design has been reaffirmed to be legal by
both the RealDVD and Kaleidescape cases.
- Mozaex continues to ship its award winning Server without requiring a disc-changer.
- Mozaex offers a superior product that can play stored DVD’s and Blu-ray
movies in multiple rooms.
- Mozaex offers many unique valuable features that Kaleidescape does
not offer including:
- Blu-ray HD 3D Movies
- Instant Streaming VUDU, NetFlix Movies
- High Quality Downloaded iTunes Movies
- High Quality Home Videos and Photo Slide Shows
- 200 Plus Channels of Online Media
LEGAL QUESTIONS AND ANSWERS
Kaleidescape Ruling Reaffirms that Mozaex is Legal
Question: Is Mozaex negatively affected
by this Kaleidescape ruling?
Answer: No. This was a contractual
violation specifically between Kaleidescape and the DVDCCA.
Read More
The Kaleidescape lawsuit is specifically a contractual licensing dispute
between the DVDCCA and Kaleidescape.
Mozaex is not negatively affected by this ruling since Mozaex does not have a contract
with the DVDCCA or other decryption software company and thus is not subject to
any possible contractual violation.
Mozaex does not ship with the DVDCCA related software or any other unlicensed decryption
software. Mozaex only ships with a licensed, commercially available movie physical
disc player software that includes licensed decryption software.
We believe that the court ruling was in addition to the RealDVD case another positive
affirmation that Mozaex and its products are legal to make, sell, resell and service.
In addition we appreciate that the court expressed the following opinion of the
DMCA which we believe affirms our position that our product is legal because Mozaex
is NOT involved in the "trafficking in and marketing of [decryption]
devices":
"A reading of the DMCA makes it clear that its prohibition applies to the trafficking
in and marketing of devices that would circumvent encryption technology, not to
the users of such technology. (See 32,1 Studios, supra, 307 F.Supp,2d at p. 1097.)"
Mozaex® Continues to be Fully Legal to Sell, Buy and Support.
Question: Is Mozaex legal to use,
sell and support?
Answer: Yes. Mozaex is legal to use,
sell and support.
Read More
Mozaex and their products are legal since Mozaex does not make, sell or provide any
unlicensed decryption software.
The company only ships with commercially available, fully licensed decryption movie
player software.
Mozaex has always and will continue to adhere to all laws including but not limited
to the DMCA regarding movie copyrights.
Mozaex Does Not Require a Disc-Changer
Question: Is it necessary to buy
a disc changer to play Blu-ray movies like Kaleidescape ?
Answer: NO. It is not necessary to
use a disc changer with Mozaex.
A disc changer is not necessary with Mozaex since the company does not ship with
unlicensed decryption software.
Mozaex Does Not Require Decryption Software To Use
Question: Do I need to install decryption
software to use Mozaex?
Answer: NO. You do not need to install
any decryption software to use Mozaex.
Read More
Mozaex does not require or "induce" anyone to buy, install or use encryption software
since the product may be used to play many forms of media without the use of decryption
software.
Like a personal computer, Mozaex is a multi-purpose computer that can be used to
play many forms of both protected ("encrypted") and unprotected ("unencrypted")
media without decryption software.
Mozaex Media Supported Without the Use of Decryption Software
- Supported Protected Media Examples - Physical movie discs
such as DVD and Blu-ray discs and pay-per-view streaming or downloaded movies from
sites like iTunes, NetFlix and VUDU.
- Supported Unprotected Media Examples - Unprotected movie
DVD discs, home videos, music, photos and over two hundred channels of online media
including video services such as YouTube.
INCORRECT KALEIDESCAPE STATEMENTS ABOUT MOZAEX AND THE LAW
We believe that there are statements on Kaleidescape’s web site that are not accurate
or reflective of our product and our understanding of the United States movie copyright
laws.
Question: Kaleidescape’s web site
states the following "understanding" of the Law. Are all of these statements true
about Mozaex?
Answer: NO. There are several statements
that we believe are not correct.
Read More
Disclaimer: Because the questions surrounding the movie copyright
laws can be complex, confusing and evolving we feel that it is important that both
dealers and end users are provided with the most up-to-date, unbiased, factual information
with the intent of helping you make the most educated decisions in complying with
copyright laws. We are not offering any opinion on the illegality of making, selling,
providing or in any way illegally using decryption software. We encourage you to
seek your own legal counsel to answer any legal questions you may have.
Statements Made on Kaleidescape’s Web Site That We Don’t Agree With
From Kaleidescape’s web site. Refer to: kaleidescape.com
What about "DVD/Blu-ray Media Servers"?
We believe that the following Kaleidescape web site statements do not correctly
represent Mozaex LLC, the Mozaex product or the current state of the copyright laws
in the United States:
1. Kaleidescape Statement
"We have been informed that the manufacturers of various unlicensed "DVD/Blu-ray
Media Servers" advise their dealers and customers that "if you want to load
media that is protected you likely will need to install additional decryption software"
in order to play or copy such discs."
Mozaex Clarification
Mozaex does NOT manufacturer an
unlicensed "DVD/Blu-ray Media Servers".
Mozaex Correction
Mozaex DOES ship with fully licensed decryption software to play movie discs
therefore you DO NOT "need to install additional decryption software" to "play
… such discs"
2. Kaleidescape Statement
"It is our understanding that the use of such unlicensed software to break
the copy protection on discs is generally illegal in the USA and could constitute
a violation of the Digital Millennium Copyright Act (the "DMCA")."
"Based on its current knowledge, Kaleidescape believes that the installation of
these "DVD/Blu-ray Media Servers", including obtaining the third-party software to
get them working as advertised, would result in dealers and/or their customers
in the USA committing criminal acts and risking heavy fines or jail time."
Mozaex Correction
Mozaex does not agree with these statements. Based on two recent court cases, namely
the RealDVD and the Kaleidescape cases, Mozaex believes that these two statements
are misleading and misrepresent the courts understanding of the DMCA as it relates
to the USE OF DECRYPTION SOFTWARE . On the contrary it is our position that
these two cases AFFIRMED that the DMCA DOES NOT PROHIBIT "OBTAINING" OR "USE"
of decryption software for LEGAL PURPOSES per this quote from the recent
Kaleidescape permanent injunction ruling:
"A reading of the DMCA makes it clear that its prohibition applies to the trafficking
in and marketing of devices that would circumvent encryption technology,
not to the users of such technology. (See 32,1 Studios, supra, 307 F.Supp,2d
at p. 1097.)"
Highlighting Note: the underlined emphasis above was added for
clarity purposes in the reprinting of these statements and quotations.
Suggestions to Maintaining Compliance with Copyright Laws
The following are suggested steps that we believe from our research to be the minimum
rules that should be followed in order to maintain compliance with copyright laws.
These are only suggestions and should not be construed as legal advice. Consult
with your own legal counsel for more information on how to fully comply with all
copyright laws.
Read More
Dealers
- Do Not Sell any Unlicensed Decryption Software – As discussed in
the section above it is illegal to SELL decryption software. Only the End User is
allowed to purchase and use decryption software for legal purposes.
- Do Not Illegally Use any Unlicensed Decryption Software - Do not
for example, copy "non-owned" movies including but limited to rentals or borrowed
movies onto a media server for yourself or an End User. Do not assist an End User
in illegally copying non-owned movies onto a media server. This may also be referred
to as "contributory infringement".
- Optionally Have End User Sign A Hold Harmless Agreement - We believe
that since our products are legal and our Sales Terms and Conditions includes an
indemnification clause it is not required to have additional indemnification agreements
signed by the End User.
However If you believe that you need additional legal protection against losses
caused by the End User’s illegal use of the media server you should consider having
the End User sign a Hold Harmless Agreement (HHA) similar to the one that is included
with the Mozaex Dealer Sales Terms and Conditions Agreement.
End Users
- Do Not Illegally Use any Unlicensed Decryption Software - Do not
for example, copy "non-owned" movies including but limited to rentals or borrowed
movies, onto a media server for yourself or an End User.
MOVIE DECRYPTION SOFTWARE LEGAL REFERENCE INFORMATION
Why Selling and Supporting Mozaex is Legal
Why Using Decryption Software for Legal Purposes is Considered Legal
Read More
- WE BELIEVE IT IS LEGAL TO PURCHASE OR USE DECRYPTION SOFTWARE FOR
LEGAL USES
We agree with the legal experts opinions referenced in the articles below, that
"copying DVD’s for personal use "may well be" lawful under the Fair Use Doctrine of the Copyright
Act" (Click link to learn more).
"A reading of the DMCA makes it clear that its prohibition applies to the trafficking
in and marketing of devices that would circumvent encryption technology, not to
the users of such technology. (See 32,1 Studios, supra, 307 F.Supp,2d at p. 1097.)"
- IT IS LEGAL TO MAKE, SELL AND SUPPORT A MEDIA SERVER WITHOUT DECRYPTION
SOFTWARE.
As it is with the 100 million Personal Computers shipped with Media Center type
software and other movie playback software a media server that does not include
any unlicensed decryption software is also NOT illegal to make, sell or support.
- IT IS NOT LEGAL - TO MAKE, SELL OR PROVIDE DECRYPTION SOFTWARE
Based on the Digital Millennium Copyright Act (DMCA) it is illegal to make, sell
or provide [ie: give away] decryption software. However, the DMCA does not prohibit
the purchase and legal use of decryption software.
ARTICLES ON COPYRIGHT LAWS
Question: How can I learn more about
how to obey copyright laws?
Answer: There are numerous articles
on the subject.
Read More
There have been numerous articles on this subject including the ones referenced
below. It is also recommended that you contact your own legal counsel regarding
any questions that you might have concerning this subject.
-
Wired article: "But the decision, although mixed, left open the door that copying
DVD’s for personal use "may well be" lawful under the
fair use doctrine of the Copyright Act, although trafficking in such goods
was illegal."
-
Wired article: "However, she stopped short of
sanctioning personal use copies, and gave a conflicting message on whether
it was legal." "So while it may well be fair use for an individual consumer to store
a backup copy of a personally owned DVD on that individual’s computer, a federal
law has nonetheless made it illegal to manufacture or traffic in a device or tool
that permits a consumer to make such copies," [Judge] Patel said.
-
Wired article: "The law is deeply unclear. The reality, as far as I know, nobody
has ever been sued for making a personal use DVD or CD," said Fred von Lohmann,
an Electronic Frontier Foundation
attorney.
Links to specific articles on Copyright laws:
-
Click here to read the Wired article entitled "Judge Rules DVD-Copying Software
Is Illegal"
-
Click here to read the Wired article entitled "Hollywood Control of DVD-Copying
at Crossroads"
For additional information contact your Mozaex Project Manager by clicking
here
DISCLAIMERS
Any opinions, statements or positions appearing on this web site are not necessarily
those of Mozaex LLC. Mozaex makes no guarantee or warranty whatsoever regarding
the information presented on this web site.
No statement or any information on this web site should be construed as legal advice.
Those seeking legal advice should retain their own legal counsel for that purpose.
Laws may vary in the Country, State or Providence that you reside in.
While Mozaex is shipped with licensed decryption software that is used to play back
optical DVD and Blu-ray discs, it may not be able to load or play some or all DVD
and Blu-ray movies.
Mozaex does not make, sell, provide or induce the use of any unlicensed decrypting
software on Mozaex products. Mozaex deters and does not condone the unlawful use
of its products including but not limited to copying media that they do not own.
All trademarks are those of their respective holders. Copyright © Mozaex 2012.