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   Author  Topic: Rental of Tutorial DVDs  (Read 546 times)
Vixtran
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Posts: 1
Rental of Tutorial DVDs
« on: Nov 28th, 2007, 8:34am »
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I created a few tutorial DVDs that are played on a computer using Quicktime. They are not installed "to" the computer but require the installation of a personalized media key within Quicktime in order to be viewed.  
 
When purchasing the DVDs from my website, the user must read the User Terms Agreement and agree to them in order to purchase the DVDs. Each DVD has a media key that must be installed or it can not be viewed. A portion of the User Agreement reads:
 
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PROHIBITED USES:  
 
4. DVDs may not be used:
 
a. for, but not limited to, distribute, rent, sublicense, loan, or leasing of the Software, QuickTime movies, Images, Data Files, Media Access Keys, or Components in whole or in part;
 
b. for, availability in whole or in part to any other user in any networked or time-sharing environment, specifically including the Internet or World Wide Web ("WWW"), or transfer the contents in whole or in part to any computer other than the PC used to access the DVD and its data files;
 
c. You further agree that you will not make any copy of the DVD, data files, or images or any portion or derivative or demographically-enriched work thereof, nor sell, license, rent, loan, lease or distribute the same to any third party except as explicitly permitted under this Agreement.
 
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This is to avoid rental or leasing of the DVDs. I have discovered a reputable online DVD rental firm renting my instructional DVDs and providing the media key to customers. They say there is nothing I can do to stop them. Is this true?
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Kaitlin
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Posts: 39
Re: Rental of Tutorial DVDs
« Reply #1 on: Dec 6th, 2007, 1:05pm »
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No contract can be construed properly from just a portion of the whole.  On the other hand, it is not a good idea to lay out the whole license on a public forum where your identity may be deduced, particularly if you may want to bring a lawsuit related to it.  
 
While the portion quoted does clearly express an intent to prohibit rental of the DVD, it is not clear whether the rest of the agreement and the circumstances surrounding it which purport to establish the assent of the DVD purchaser would actually constitute a license.
 
It seems clear from the portion of the agreement which you have quoted that the agreement was not drafted by an attorney.  There could be other problems with the rest of the agreement which undermine the intent of the portion quoted.
 
Your best bet is to consult an IP attorney on this.
« Last Edit: Dec 6th, 2007, 1:08pm by Kaitlin » IP Logged
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