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| DVD Copy Control Ass'n, Inc. v. Kaleidescape, Inc. ： ウィキペディア英語版 |
DVD Copy Control Ass'n, Inc. v. Kaleidescape, Inc.
''DVD Copy Control Association, Inc. v. Kaleidescape, Inc.'', 176 Cal. App. 4th 697 is a legal case heard by the California Court of Appeal concerning breach of contract and breach of the implied covenant of good faith and fair dealing. It discusses incorporation by reference regarding a supplemental document that was not part of the written license agreement between the parties. The Court of Appeal reversed the trial court's judgment and ruled in favor of the plaintiff (DVD Copy Control Association), finding that defendant was bound to the entire contract, including the supplemental document.
This case is also of interest in the realm of copyright law due to its tangential relationship to the issues of fair use and the Digital Millennium Copyright Act.
==Background==
Kaleidescape, Inc., licensed the motion picture industry-supported digital rights management system, Content Scramble System (CSS), from the DVD Copy Control Association (DVD CCA) in order to provide a home entertainment server system that would allow a user to copy physical DVDs to a single persistent storage device. Once in the Kaleidescape system, the DVD content could be stored, organized, and played back at any time, without requiring access to the original DVDs. It would also allow users to make permanent copies of borrowed or rented DVDs.
In particular, the Kaleidescape system would copy the CSS-encrypted files in their entirety from the DVDs using a "reader", which would then save the encrypted files to the "server". Playback would only be allowed via a licensed Kaleidescape "player".
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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