Kaleidescape, ‘Agents’ Enjoined from Selling, Supporting Movie Servers

Transcript: Permanent Injunction Order, DVD CCA vs. Kaleidescape

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
(UNLIMITED JURISDICTION)

DVD COPY CONTROL ASSOCIATION INC., a Delaware corporation, Plaintiff

v.

KALEIDESCAPE, INC., a Delaware corporation, Defendant

PERMANENT INJUNCTION ORDER

Case no. 1-04-CV-031829

Complaint filed: December 7, 2004
Trial date: November 14, 2011
Dept.: 16
Judge: Hon. William J. Monahan

The above-captioned Action between Plaintiff DVD Copy Control Association, Inc. and Defendant Kaleidescape, Inc. (“Kaleidescape”) (collectively “the Parties”) having been tried to the court, and having determined that Kaleidescape is in breach of the CSS License Agreement, the Court hereby enters the following Permanent Injunction pursuant to its Statement of Decision dated April 8, 2012, and Judgment entered April 8, 2012:

IT IS ORDERED THAT:
1. Capitalized terms in this Order shall be defined in accordance with the CSS Procedural Specifications (PRX 9) unless otherwise defined herein.
a. The term “DVD Playback Product” means any device or combination of components, or software that is capable of decrypting a Disc Key, decrypting a Title Key or descrambling a Title using CSS, including without limitation any such device or combination of components or software that also performs Authentication.
b. The term “Authentication” means any application of CSS that utilizes the CSS Authentication Algorithm and Authentication Key.
c. The term “persistent copy” (of a Disc Key or Title Key(s)) means a copy that remains when playback of the Title(s) associated with such Disc Key or Title Key(s) is not occurring.
d. The term “persistent copy” (of a Title) means a copy of a Title that remains when playback of the Title is not occurring.
e. The term “playable copy” means a copy of a Title from a DVD Disc made for purposes of allowing playback of the Title without obtaining the title from the DVD Disc.

2. Pursuant to California Code of Civil Procedure Section 526, and California Civil Code Section 3384, to prevent casual users from making unauthorized copies of copyrighted materials recorded on CSS-protected DVD Discs, Kaleidescape, its subsidiaries and affiliated companies, including but not limited to Kaleidescape Canada, Inc., and their agents, servants, directors, officers, principals, employees, representatives, assigns, franchisees, and those acting in concert with them or at their direction, are hereby permanently restrained and enjoined from directly or indirectly making, having made, selling, offering to sell, marketing, importing or otherwise transferring any DVD Playback Product unless such DVD Playback Product:
a. obtains the Disc Key and Title Key(s) from a DVD Disc each time one or more Titles is to be played back;
b. ensures that the DVD Disc is physically present in the DVD Playback Product when playback of one or more Titles from such DVD Disc is occurring;
c. does not make a persistent copy of any encrypted or unencrypted Disc Key or Title Key(s); and
d. does not make any persistent playable copy of any Title.

Any DVD Playback Product that does not satisfy subsections 2(a) – (d) is referred to herein as “Prohibited Technology.”

3. IT IS FURTHER ORDERED that Kaleidescape is enjoined from:
a. directly or indirectly transferring to third parties any intellectual property or know-how incorporating Prohibited Technology;
b. facilitating third parties in developing, designing, manufacturing, distributing, importing, selling, or offering to sell any Prohibited Technology;
c. using or implementing CSS to develop, design, manufacture, distribute, import, sell, or offer to sell products that make persistent playable copies of CSS-protected Titles; and
d. directly or indirectly providing any support services that include Prohibited Technology to third parties, including but not limited to the provision of the updates and upgrades to software and hardware.

4. This Court retains continuing jurisdiction over the Parties and the Actions for purposes of enforcing this Permanent Injunction.

IT IS SO ORDERED.

Dated: April 8, 2012

[signed] Hon. William J. Monahan
Judge of the Superior Court