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    Quote Originally Posted by GenJerDan
    So....I'd suggest distributing instructional video on two-sided disks. One side being the DVD, the other being an audio CD. Plenty of musicians around to provide music for it.
    Just dump the audio only, from timeline of the master edit, and place that on other side of the DVD, in CD audio format. Avoid potential litigation for distributing 3rd parties music, in the event the music is challenged in any form, etc. Then drive around in the car, listen, learn about the HVX, as an example. Does spoil the DVD/CD disk labeling though.

    GJD, that's a better idea than I had to make the instructions into a Macromedia Director computer program, for all the reasons we already know.
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    Quote Originally Posted by TwistedLincoln
    ...And more importantly to everyone here, it seems likely that putting a small piece of software on a DVD isn't going to prohibit rental of that DVD -- if the primary purpose of the product is the video, my guess is that the laws that cover that video would apply...
    Interesting Tony. Perhaps back to Macromedia Director created content, with limited EULA, interactive instructional "computer program" DVD-rom.

    Tony, you may be hard pressed to get purchasers to sign EULA documents for products and return/facsimile same to your office, although I see your intention/purpose. How about implementing an "[ ] I agree, to the following terms and conditions..." tick box at the on-line POS, and at the same time you are recording the name/address of the purchaser and the credit card details, etc? I still see flaws in this though, like almost any model.
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    Senior Member TwistedLincoln's Avatar
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    Quote Originally Posted by Christopher Barry
    How about implementing an "[ ] I agree, to the following terms and conditions..." tick box at the on-line POS, and at the same time you are recording the name/address of the purchaser and the credit card details, etc? I still see flaws in this though, like almost any model.
    Clearly, that's a much more realistic idea. Few (if any) buyers would fax you back a contract.

    I'm not sure if such a thing would hold up in court, but keep in mind that any lawsuits that come would be civil ones, not criminal. So establishing your intent in a clear and easy to understand manner will go a long way to winning, even if there are legal loopholes.


    Just a thought, but rather than focus on ways to prevent the rental system from happening, perhaps we should come up with some ways to exploit it:

    Perhaps one could add a "digital coupon" to the DVDs. You would add a main menu entry entitled "Special Rental Coupon Code." When selected, this option would display a coupon code. This code would allow the viewer to purchase a copy of the disc from you at a discounted rate roughly equal to the original purchase price minus whatever the average rental fee is. If no one ever rents out your DVD, so much the better. But if they do, customers will have the opportunity to purchase the DVD at the original price they would have paid if they hadn't rented it.
    Tony Lovasco
    Twisted Lincoln, Inc.
    www.twistedlincoln.com
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    Senior Member GenJerDan's Avatar
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    Quote Originally Posted by TwistedLincoln

    And more importantly to everyone here, it seems likely that putting a small piece of software on a DVD isn't going to prohibit rental of that DVD -- if the primary purpose of the product is the video, my guess is that the laws that cover that video would apply. Otherwise all someone would have to do to stop the use of anything would be to attach a piece of software to it
    DVDs can have software on them, obviously. But they are sold/rented/distributed with the permission of the owner. That's allowed.

    These 200+ posts are about proventing someone from distributing somewhting without the consent of the owner.
    Movies, Music

    "I thought you had to go to Pittsburgh for that."
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    Tony/GJD, it is quite a dilemma that the niche market instructional/educational video producer is faced with here.
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    Senior Member TwistedLincoln's Avatar
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    If Wikipedia is any indication, most of us (myself included) have made incorrect assumptions during this thread...

    Here's the Wikipedia article on the First Sale Doctrine:

    http://en.wikipedia.org/wiki/First_sale


    At the end of the day, it looks like nothing is concrete. Not too shocking...
    Tony Lovasco
    Twisted Lincoln, Inc.
    www.twistedlincoln.com
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    I'm not one to make call-out posts, and this isn't intended to be one . . .

    But it doesn't appear to me that Travis is responding with quite the sense of urgency you'd expect from a man who's concerned with defending his professional reputation.
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    Rockin the Boat
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    Apropos nothing, can anyone here, actually document financial loss as a result of having their DVD on SmartFlix?

    I mean, we all understand the theory (and I personally buy it), but there is a competing theory (of Travis, which I don't buy). Now, we can all have theoretical arguments why Travis is wrong, but I'm asking hard proof questions.

    I also understand that it may not be easy, but really, you know, a documented case is very convincing - otherwise we're just spinning our wheels "he said, she said". Not more talk, but proof.

    So: hard proof please?

    I think providing such a documented case would be an extremely powerful tool for further actions. Let's have it.
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    Senior Member cecil995's Avatar
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    Here is an idea. How about when you create your video and send it out for distribution, you include a form with the DVD that the customer fills out at the time of purchase. This form would document where the sale took place, who the buyer is, and provide a contract stating that they do not indend to purchase the video for resale or distribution. It would also probably be nice to have some kind of tracking number on the disk itself, so if it ended up in a place like Smartflix, you would be able to identify it easily. I don't think that having the buyer fill out a form at the time of purchase would be too inconvienent. Most of the work would be on the seller, but if they are keeping track of sales for you already, they I can't imagine that it would be too much more work.

    Legally, a contract can be as simple as a napkin with signatures of the buyer and seller on it, so the form would hold up in court. The only issue is that most lawyers will not take a case of breech of contract for an amount of $60. There has to be enough money involved for them to even make it worth their while.
    You're so money and you don't even know it!

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    Quote Originally Posted by cecil995
    Legally, a contract can be as simple as a napkin with signatures of the buyer and seller on it, so the form would hold up in court.
    It takes more than just signatures to form a legally-binding contract, and there are numerous factors which a court may take into account for deciding whether to enforce it.

    In any case, that's pretty customer-unfriendly. A better solution is for customers to act honorably.
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