Disney Enterprises, Inc., et al v. VidAngel, Inc.

Filing 37

Filed Appellant VidAngel, Inc. motion to file Emergency Motion Under Circuit Rule 27-3 For A Stay Pending Appeal UNDER SEAL. Deficiencies: None. Served on 12/30/2016. (Court-Entered filing of motion submitted under seal at [16]) [10282910] (WL) [Entered: 01/27/2017 11:18 AM]

No. 16-56843
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VIDANGEL, INC.,
Defendant-Appellant,
v.
DISNEY ENTERPRISES, INC.; LUCASFILM LTD. LLC;
TWENTIETH CENTURY FOX FILM CORPORATION; AND
WARNER BROS. ENTERTAINMENT, INC.,
Plaintiffs-Appellees.
On Appeal from the United States District Court
for the Central District of California
Hon. André Birotte Jr.
No. 2:16-cv-04109-AB-PLA
APPELLANT’S APPENDIX
VOLUME 2 OF 3
(Pages 291-572)
Brendan S. Maher
Daniel L. Geyser
Douglas D. Geyser
STRIS & MAHER LLP
6688 N. Central Expy., Suite 1650
Dallas, TX 75206
Telephone: [phone]
Facsimile: [phone]
December 30, 2016

Peter K. Stris
Elizabeth Rogers Brannen
Dana Berkowitz
Victor O’Connell
STRIS & MAHER LLP
725 S. Figueroa St., Suite 1830
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Counsel for Defendant-Appellant VidAngel, Inc.

171964.5

TABLE OF CONTENTS
Date

Description

Page

12/29/16

[ECF No. 167] Declaration of David Quinto .................................... A.1

12/29/16

[ECF No. 166] [In Chambers] Order DENYING
Defendant’s Ex Parte Application to Stay Preliminary
Injunction Pending Appeal Or Alternatively, Pending
Decision by the Ninth Circuit On Stay Pending Appeal
........................................................................................................... A.4

12/22/16

[ECF No. 161] Plaintiffs’ Ex Parte Application for an
Order to Show Cause Why VidAngel Should Not Be
Held in Contempt for Violating the Preliminary
Injunction Order ................................................................................ A.9

12/21/16

[ECF No. 158] Declaration of Neal Harmon in Support
of VidAngel, Inc.’s Ex Parte Application to Stay
Preliminary Injunction Pending Appeal or, Alternatively
Pending Decision by the Ninth Circuit on Stay Pending
Appeal.............................................................................................. A.22

12/14/16

[ECF No. 149] VidAngel, Inc.’s Notice of Appeal from
Order Granting Motion for Preliminary Inunction;
Representation Statement ................................................................ A.30

12/14/16

[ECF No. 148] VidAngel, Inc.’s Notice of Appeal from
Order Granting Motion for Preliminary Injunction;
Representation Statement ................................................................ A.36

12/14/16

[ECF No. 147] VidAngel, Inc.’s Ex Parte Application to
Stay Preliminary Injunction Pending Appeal or,
Alternatively, Pending Decision by the Ninth Circuit on
Stay Pending Appeal ....................................................................... A.42

12/14/16

[ECF No. 145] Reporter’s Transcript of Proceedings on
Monday, November 14, 2016 ......................................................... A. 66

12/12/16

[ECF No. 144] Order Granting Plaintiffs’ Motion for
Preliminary Injunction................................................................... A.190

10/27/16

[ECF No. 117-2] Exhibit A to Plaintiffs’ Ex Parte
Application to File Supplemental Request for Judicial
Notice in Support of Motion for Preliminary Injunction .............. A.212

10/17/16

[ECF No. 110] Supplemental Declaration of Neal
Harmon in Opposition to Motion for Entry of
Preliminary Injunction (with exhibits) .......................................... A.291

10/17/16

[ECF No. 109] Declaration of William J. Aho in
Support of VidAngel, Inc.’s Opposition to Motion
for Entry of Preliminary Injunction............................................... A.354

9/16/16

[ECF No. 77] Amended Answer and First Amended
Counterclaims ................................................................................ A.359

9/12/16

[ECF No. 45-1] Excerpts from Videotaped Deposition
of Tedd Cittadine ........................................................................... A.419

9/12/16

[ECF No. 44-4] Exhibit D to Declaration of Jamie
Marquart in Support of VidAngel’s Memorandum of
Points and Authorities In Opposition to Preliminary
Injunction Motion .......................................................................... A.436

9/12/16

[ECF No. 44-5] Exhibit E to Declaration of Jamie
Marquart in Support of VidAngel’s Memorandum of
Points and Authorities In Opposition to Preliminary
Injunction Motion .......................................................................... A.442

9/12/16

[ECF No. 43-1] Exhibit A to Declaration of Neal
Harmon in Support of VidAngel’s Memorandum of
Points and Authorities In Opposition to Preliminary
Injunction Motion .......................................................................... A.503

9/12/16

[ECF No. 43-2] Exhibit B to Declaration of Neal
Harmon in Support of VidAngel’s Memorandum of

Points and Authorities In Opposition to Preliminary
Injunction Motion .......................................................................... A.505
9/12/16

[ECF No. 43-3] Exhibit C to Declaration of Neal
Harmon in Support of VidAngel’s Memorandum of
Points and Authorities In Opposition to Preliminary
Injunction Motion .......................................................................... A.509

7/12/16

[ECF No. 11-1] Exhibits A & B to VidAngel, Inc.’s
Answer and Affirmative Defenses to Complaint; And
Counter-Complaint ........................................................................ A.452

6/9/16

[ECF No. 1] Complaint for Copyright Infringement and
Violation of Digital Millennium Copyright Act .......................... A. 514

Documents filed under seal (Volume 3):
10/3/16

Plaintiffs’ Reply in Support of Motion for Preliminary
Injunction....................................................................................... A.573

9/21/16

Excerpts from Videotaped Deposition of Tedd Cittadine ............. A.599

9/21/16

Declaration of Sigurd Meldal in Support of VidAngel’s
Memorandum of Points and Authorities in Opposition
to Preliminary Injunction Motion .................................................. A.613

9/21/16

Declaration of Neal Harmon in Support of VidAngel’s
Memorandum of Points and Authorities in Opposition
to Preliminary Injunction Motion .................................................. A.636

9/12/16

VidAngel’s Memorandum of Points and Authorities
in Opposition to Motion for Preliminary Injunction ..................... A.661

7/22/16

Plaintiffs’ Notice of Motion and Motion for Preliminary
Injunction; Memorandum of Points and Authorities in
Support Thereof ............................................................................. A.705

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 1 of 63 Page ID #:4362

1 R:xan G. Baker (Bar No. 214036)
[e-mail]
2 Jajme Marquart (Bar No. 200344)
Jmarquart(ci),bakermarquart. com
3 Scott M. Mafzahn (Bar No. 229204)
[e-mail]
4 Brian T. Grace (Bar No. 307826)
bgrace@,bakermarquart.com
5 BAKER 'M:ARQUART LLP
2029 Century Park East, Sixteenth Floor
6 Los Angeles, California 90067
Telephone: [phone]
7 Facsimile: [phone]

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8 Peter K. Stris (Bar No. 216226)
peter. stris(a),strismaher. com
9 Brendan Maher (!3ar No. 217043)
[e-mail]
10 Elizabeth Brannen ~ar No. 226234)
elizabeth. brannen strismaher.com
11 Daniel Geys~r
Bar o. 230405)
daniel.geyser strismaher.com
12 STRIS & M
R LLP
725 South Figueroa Street;. Suite 1830
13 Los Angeles, California 9u017
Telephone: [phone]
14 Facsimile: [phone]
15 David W. Quinto (Bar No. 106232)
dquinto(a), VidAngel.com
16 3007 Franklin Canyon Drive
Beverly Hills[ California 9021 o
17 Telephone: [phone]
Facsimile:
732) 377-0388
18 Attorneys for Defendant and
19 Counterclaimant VidAngel, Inc.
20

UNITED STATES DISTRICT COURT

21

CENTRAL DISTRICT OF CALIFORNIA

22
23
24
25

WESTERN DIVISION
DISNEY ENTERPRISES, INC.;
LUCASFILM LTD. LLC;
TWENTIETH CENTURY FOX FILM
CORPORATION; AND WARNER
BROS. ENTERTAINMENT, INC.,

26
27

Plaintiffs,

CASE NO. 16-cv-04109-AB (PLAx)

SUPPLEMENTAL DECLARATION
OF NEAL HARMON IN
OPPOSITION TO MOTION FOR
ENTRY OF PRELIMINARY
INJUNCTION

vs.

28

- A.291 -

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 2 of 63 Page ID #:4363

1

Judge: Hon. Andre Birotte Jr.

VIDANGEL, INC.,

Date: October 31, 2016
Time: 10:00 a.m.
Courtroom: 4

Defendant.

2
3

Trial Date: None Set

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5
6

VIDANGEL, INC.,
Counterclaimant,

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vs.

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DISNEY ENTERPRISES, INC.;
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TWENTIETH CENTURY FOX FILM
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- A.292 -

1

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 3 of 63 Page ID #:4364

1 I, Neal Harmon, declare:
2

1.

I am a founder and the Chief Executive Officer of defendant and

3

counterclaimant VidAngel, Inc. ("VidAngel"). I submit this supplemental

4

declaration in support ofVidAngel's Memorandum of Points and Authorities in

5

Opposition to Plaintiffs' Motion for Preliminary Injunction. I have personal

6

knowledge of the facts set forth herein and, if called as a witness, I could and would

7

testify competently thereto.

8
9

2.

On October 14, 2016, Congresswoman Mia B. Love sent me a letter in

which she stated: "I am writing to express my view that motion picture content

10

filtering services are very much in the public interest ... [and] that the availability

11

of such services is consistent with Congressional intent in passing the Family Movie

12

Act: to facilitate parental control over the content viewed by their children in their

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own homes." Congresswoman Love also explained that, "[the] Family Movie Act

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thus seeks to immunize any service that satisfies its requirements from claims

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brought under any other provision of either the Copyright Act or the Lanham

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Trademark Act." She additionally explained that, "As a Member of Congress, I

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believe that motion picture content filtering services provide an important public

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benefit and correspond with the objectives of the Family Movie Act by allowing
parents to protect their families from content that they consider inappropriate." A

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I also wish to address contentions made in Disney's Reply

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Memorandum regarding ClearPlay's service. Disney argues that ClearPlay offers a

23

satisfactory filtering service for content streamed to Google Play users. (Reply

24

Memorandum at pp. 2, 11.) That is untrue.

25

4.

ClearPlay's service relies on the YouTube streaming platform owned

26

by Google. As one would expect, that platform can be used only by Google Play

27

customers and is thus of no use to the vast majority of American families who are

28

- A.293 -

2

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 4 of 63 Page ID #:4365

1 not Google Play customers. It is also very difficult to use. Attached as Exhibit B is
2

a true and correct copy of a printout made by a VidAngel employee acting under my

3

supervision reflecting her inability to get ClearPlay's filtered streaming service to

4

work.
5.

5

To use the YouTube platform, ClearPlay must accept both the Google

6

Play and YouTube terms of service. However, as VidAngel has learned the hard

7

way, providing a service that filters content streamed by Google Play users violates

8

the Google Play and YouTube terms of service. In December 2013, when VidAngel

9

pioneered a model nearly identical to ClearPlay's service, Google notified VidAngel

10

that its filtering technology violated YouTube's terms of service, which prohibit the

11

filtering of content. As I explained in my initial declaration, paragraphs 8-16,

12

Google modified its Chromecast device to prevent VidAngel from filtering content

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paid for by Chromecast users after the studios put Google on notice that it violated

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their terms of service to the extent it allowed third parties to filter content they

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Notwithstanding Disney's suggestion that ClearPlay is employing a

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permissible means to filter streamed content, ClearPlay provides that service

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without any consent or license from the studios and without paying the studios

19

anything. As might be expected, Disney has done nothing to enable ClearPlay's

20

filtering service. Moreover, ClearPlay is living on borrowed time. When Disney's

21

litigation with VidAngel is concluded, Disney will be free to invoke its terms of

22

service to force Google to put an end to ClearPlay's service. Indeed, Disney

23

previously sued ClearPlay over its primary filtering technology--one that the

24

Register of Copyrights termed lawful. The judge in that action dismissed Disney's

25

claims after the Family Movie Act took effect. Because its service filters streamed

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content in violation of the Google Play and YouTube terms of service, ClearPlay's

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- A.294 -

3

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 5 of 63 Page ID #:4366

1

filtered streamed content.

2

7.

Still further, due to constraints imposed by Disney and the other MP AA

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studios and the implementation of ClearPlay's technology, ClearPlay is limited in

4

the availability and quality of movies it can offer to consumers. ClearPlay

5

technology cannot work on approximately 9 .2% of the entire Google Play movie

6

database as to which studios prevent embedding on Y ouTube. This means that

7

ClearPlay customers cannot even filter hundreds of the most popular movies in

8

Google's library, including many of Disney's most popular movies: Captain

9

America: Winter Soldier, Marvel 's The Avengers, Tron Legacy, Iron Man 3,

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Secretariat, Guardians of the Galaxy, and the entire Star Wars collection.

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ClearPlay's movie selection is further limited by its refusal to filter films with "too

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platforms. The studios' distribution agreements prohibit the use of ClearPlay apps

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on modem devices, including Roku, Apple TV, Chromecast, FireTV, Android TV,

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Xbox, iOS, and Android.

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content on Netflix, iTunes, Hulu, Amazon Prime, Vudu, and HBO Go, meaning a

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wide array of popular television shows are completely unavailable on its filtering

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service.

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ClearPlay is additionally technologically prohibited from filtering

ClearPlay users can stream filtered content only through computer web

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browsers. As a result, ClearPlay is unable to provide the public with access to

23

filtered streamed content on most popular devices and platforms. Moreover,

24

ClearPlay users can filter only standard-definition (SD) content despite the public's

25

growing demand for high-definition (HD) and Blu-ray content.
11.

26
27

Disney's further claim that ClearPlay users can filter content streamed

to their televisions using Google's Chromecast or Apple TV is misleading.

28

- A.295 -

4

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 6 of 63 Page ID #:4367

1

ClearPlay users must use a process called "mirroring" to watch filtered content

2

using the Chromecast or Apple TV. "Mirroring" results in a poor viewing

3

experience that often provides very choppy playback and drops video frames. Even

4

ClearPlay acknowledges these shortcomings on its company blog: "We have seen

5

some slowness with the video playing (sic) on the TV when mirroring." Attached as

6

Exhibit B is a true and correct copy of a screenshot of the ClearPlay blog post.
12.

7

Based on my review of ClearPlay customer complaints, the most

8

frequent complaint is that ClearPlay's filters often stop working. Tellingly,

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ClearPlay customer complaints include the following:

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a. "I owned the DVD player years ago and had lots of technical trouble

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with it. I recently signed up again so that I could try their streaming
system, but found that their streaming options are very limited. I'm

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trying to cancel now. They will only cancel if you phone them AND

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b. "Let me start to say that we really prefer to watch edited videos. In

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this, the DVD player works great-- no more language and nudity

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and swearing. We love it. Not seamless edits like Family Flix used
to do, but does the job well enough that we don't mind. We wish it

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had HDMI output and quality"

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c. Another customer in response to the comment above: "I have had

22

the same experience as this person and it seems to be a common

23

thing with the ClearPlay so that is why I now use VidAngel"

24

d. "Any reason why your filter takes out the fertilization scenes from

25

The Martian when Vulgarity is on least? For such an integral part of

26

the movie I feel as if it shouldn't be filtered at the same level as the

27

F words in the movie."

28

- A.296 -

5

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 7 of 63 Page ID #:4368

1

e. "The wedding singer takes the Lord's name in vain several times

2

and leaves in several other swear words we had to stop halfway

3

through. Any idea why it was done so poorly?"

4

f. "Trying to watch Kingsmen ..... ClearPlay not blocking the four letter

5

words---HELP!"
g. "ClearPlay does not work, after about 4 players we got one that

6
7

filtered about half the stuff we wanted it to. We were trying to watch

8

a movie one day and we started to hear all kinds of profanity-i think

9

my little brother learned about 4 new words"

10

h. "This review relates to their proprietary DVD player, filter stick and

11

filter downloading service. The (USB) filter stick simply does not

12

work with the DVD player. The DVD player denies it exists. A

13

replacement stick made no difference. Filter downloads on a second

14

filter stick on a different computer with a different OS and different

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antivirus protection made no difference. They have weak online

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service assistance. Their online help says "it's too difficult to put in

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writing so call us" and their telephone customer service is open only

18

very limited hours in the work day (Mountain time) so it's far from

19

convenient to the average working joe, especially if you live in the

20

Pacific time zone. So, unless you want to skip some work (or waste

21

time on Saturday), you are out of luck. So, I wish it would work, but

22

without a functional filter stick that talks with the DVD player (via

23

its USB port) you are stuck with a mediocre DVD player that will

24

remind you that it doesn't have a working filter when you try to

25

watch a movie, rubbing salt into the wound."

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As VidAngel's COO recently noted in a blog post dated October 4,

2016: "Disney and friends have criticized VidAngel's choice of ad agency. [They

28

- A.297 -

6

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 8 of 63 Page ID #:4369

1

said] the owners of VidAngel spend money on their own ad agency to enrich

2

themselves. Which, to be clear, has nothing to do with the legal case and is simply

3

an attempt to smear VidAngel. [The Harmon Brothers] ad agency has created viral

4

ads for Squatty Potty, PouPourii, Fiber Fix, Purple, and even presidential

5

candidate Gary Johnson (through a Super PAC). Harmon Brothers also helped set a

6

Guinness World Record for orchestrating the world's largest live nativity with The

7

Piano Guys. Altogether, Harmon Brothers' videos have received over 300 million

8

views. Harmon Brothers has created a series of successful ads for VidAngel -

9

including 'Paintball,' 'Angel and Demon,' and 'Game ofThronez' - and accrued

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Harmon Brothers have always made their relationship public."

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I also wish to call the Court's attention to various articles that have

appeared in the press concerning VidAngel's service since I filed my initial
declaration. Attached as Exhibits C-N are true and correct copies of "Upsetting the

16

800-Pound Hollywood Gorilla" published by dailycaller.com on October 12, 2016;

17

"Hollywood Sues to Stop Parents From Filtering Sex, Profanity in Movies"

18

published by the Washington Examiner on September 20, 2016; "VidAngel Earns
Support Amid Legal Battles With Disney, Lucasfilm and More" from KUTY.com

20

on September 20, 2016; "Hollywood Sues to Stop Filtering of Offensive Content"

21

from NE News Now on September 26, 2016; Opinion: '"Clean Up' Films, or Clean

22

Up Filming?" published by The Los Angeles Times; "3 Ways to Watch Movies for

23

$1 With VidAngel" published by A Purpose Driven Wife-a Christian - Mom of 3 -

24

Marine Wife & Everything in Between blog; "The Movie Filtering Site We Love!"

25

published by Raising Arrows: Large Family Homeschooling & Homemaking blog

26

September 23, 2016; "How to Make any Movie Family Friendly" published by

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- A.298 -

7

SUPPLEMENTAL DECLARATION OF NEAL
HARMON

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 9 of 63 Page ID #:4370

- A.299 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 10 of 63 Page ID #:4371

EXHIBIT A
- A.300 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 11 of 63 Page ID #:4372
MIA B. LOVE

217 CANNON HOUSE OFFICE 6UILOING
WASHINGTON. DC 20515

4TH DtSTAICT, UTAH

l202) 225--3011
9067

COMMITIEE ON FINANCIAL SERVICES
SUBCOMMITIEE ON
FlNANCIAl INSTITUTIONS
SUBCOMMITIEE ON
MONETARY POLICY AND TRADE

Q!ungrts.a: uf t4e lflnttch ~tntt.a:
~ouse

of ~epresentatibes
llfan4ingt.on. IQL 2U515-4404

s.

1300

w., SUITE

!801) 996-8729
website: www.love.house.gov

October 14, 2016
Neal Harmon
Chief Executive Officer
VidAngel, Inc.
249 N. University Ave.
Provo, UT 84601

Dear Mr. Harmon:
I am writing to express my view that motion picture content filtering services are very much in
the public interest. Furthermore, I would like to convey that the availability of such services is
consistent with Congressional intent in passing the Family Movie Act: to facilitate parental
control over the content viewed by their children in their own homes.
Congress passed the Family Movie Act in 2005 (codified at 17 U.S.C. § 110(11) and 15 U.S.C. §
1114(3)) to clarify that existing law allows companies to offer services that filter certain material
out of movies for private viewing. The Family Movie Act attempts to balance the rights of all
stakeholders. First, it aims to protect studios' economic interests by requiring that consumers
buy a lawful copy of any work to be filtered. It also seeks to protect the moral rights of motion
picture artists by prohibiting filtering services from making any copy of a filtered work or
performing any filtered work publicly. Finally, the act endeavors to allow parents to decide what
their children see and hear in the privacy of their homes by establishing requirements for the
streaming of filtered content to families without requiring the consent of the copyright
holders. The Family Movie Act thus seeks to immunize any service that satisfies its
requirements from claims brought under any other provision of either the Copyright Act or the
Lanham Trademark Act.
As a Member of Congress, I believe that motion picture content filtering services provide an
important public benefit and correspond with the objectives of the Family Movie Act by
allowing parents to protect their families from content that they consider inappropriate.
Very truly yours,

Mia B. Love
Member of Congress

PRINTED ON RECYCLED PAPER

- A.301 -

101

WEST JORDAN, UT ll4088

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 12 of 63 Page ID #:4373

EXHIBIT B
- A.302 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 13 of 63 Page ID #:4374

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- A.303 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 14 of 63 Page ID #:4375

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Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 15 of 63 Page ID #:4376

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- A.305 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 16 of 63 Page ID #:4377

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Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 17 of 63 Page ID #:4378

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- A.307 -

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Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 19 of 63 Page ID #:4380

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6/29/2013

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 20 of 63 Page ID #:4381

EXHIBIT C
- A.310 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 21 of 63 Page ID #:4382

I
Upsetting The 800-Pound Hollywood Gorilla

TIM WINTER

President, Parents Television Council

It's not often the behemoth that is Hollywood unites against families, but that's precisely what is
happening to a company that offers families the ability to filter f-words and other adult content
from streamed movies and TV.
Disney, Lucasfilm, 201h Century Fox, and Warner Bros. have collectively sued a company called
VidAngel which offers those aforementioned filtering capabilities.
Yes, you read that right. Disney doesn't want parents to have the ability to skip past profanity,
sex scenes, and graphic violence when their children are watching Disney-produced
entertainment.

- A.311 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 22 of 63 Page ID #:4383

The crux of VidAngel's business model rests on the Family Movie Act, passed by Congress and
signed into law back in 2005, which allows for the creation of technology so parents can filter
potentially offensive movie content when they're watching inside their homes.
When Congress passed the Family Movie Act, the legislative intent was crystal clear: to properly balance
the legal and reasonable business needs of Hollywood with the strong public interest goals of making
content filtering available to American families.
VidAngel has carefully crafted its business operations - at great financial peril to itself - so as to
meet the guidelines set forth in the legislation. They are clearly in compliance with both
the spirit and the letter of the Family Movie Act. And, just as the legislation intended, millions
of families who otherwise would not be able to view a film or a program are now able to do so.
Ironically, the VidAngel service actually broadens the market of potential customers for
Hollywood's products. And why wouldn't a business want to dramatically expand its own
marketplace? Is it really about the sanctity of the creative community's "artwork?"
The studios suing VidAngel must believe that if a standard is good, then a double-standard is
twice as good. They are eager to alter or filter content when it suits their own desires.
About a decade ago, NBC secured the broadcast rights to the beloved children's animated
series Veggie Tales. But when the network aired the program, they removed references to God despite the program being created by Christian producers who hoped to share Christian values.
And when the television program Duck Dynasty was among the most-watched programs every
week, "bleeps" were edited into the programming to suggest harsh profanity was being used,
even when no actual profanity was being spoken. The network wanted to create the false
impression in order to bring more "edginess" to the show, despite the fact that the show was so
popular precisely because it was squeaky-clean.
And on every program on every network, promotional materials are placed above or below the
program during its broadcast. The "altering" of the producer's "work" occurs all hours of every
day on every network. The notion that Hollywood must vigorously prevent content filtering or
editing for the sake of the creative community is simply laughable.
A petition to support VidAngel has been started and can be found at .2slY_~Iilteriti&com_.
VidAngel allows each parent and each family to consume entertainment content inside their
home precisely in accord with their personal family standards. If the Hollywood studios convince
the Courts to obstruct VidAngel's legitimate and lawful business, American families will be
deprived of the very right granted to them by Congress in the Family Movie Act.

A former MGM and NBC executive, Tim Winter is president of the Parents Television Council
and a member of the California Bar Association.

- A.312 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 23 of 63 Page ID #:4384

EXHIBIT D
- A.313 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 24 of 63 Page ID #:4385

Hollywood sues to stop filtering of offensive
content

A company specializing in filtering
indecent content in movies and television programs is seeing a surge in
grassroots support as it faces a legal challenge from movie and broadcast
executives in Hollywood.

that blocks offensive language, nudity, violence and other forms of indecent content
from films and TV shows.

The company argues that this type of service is authorized under the 2005 Family
Movie Act, and many pro-family groups in agreement. Currently, some two dozen profamily leaders are standing with VidAngel during this legal battle.

- A.314 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 25 of 63 Page ID #:4386

Dan Gainor, who serves with the

says that conservatives were

told that Hollywood would work with them about content, but this is apparently not the
case.
"They want to ram through whatever content they want, and they expect us not just to
accept it, but to shut up about it," Gainor expressed. "And it is outlandish that they would
expect families, viewers and customers have no say in what they're allowed to watch."
Gainor explained that the lawsuit from the entertainment industry is based on a
rationalization.
"They're using legalism to basically defend what is an indefensible argument - that
you're not allowed to avoid the bad stuff we try to jam in there and force feed to your
kids," the pro-family advocate told OneNewsNow.
The entertainment and technology expert insists that their argument is obviously not
true.

- A.315 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 26 of 63 Page ID #:4387

EXHIBIT E
- A.316 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 27 of 63 Page ID #:4388

VAS·»••

SALT LAKE CITY. UTAH

VidAngel earns support amid
legal battles with Disney,
Lucasfilm and more
by Sara Weber
Tuesda , September 20th 2016

.'..I

'

AA
(KUTY) A Utah-based entertainment platform that allows users to censor content
from movies and television shows is garnering support despite its legal troubles with
major production companies.
-'-'-'c:; __:::.•o.:;;o..::_:,

which offers its subscribers the ability to filter nudity, violence and other

subject matter they may find offensive, announced Tuesday it has gathered the
support of more than 20 leaders from religious and values-based groups like The
Parents Television Council and the Media Research Center. It also announced that 57

- A.317 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 28 of 63 Page ID #:4389

million Americans are likely to use the filtering service, according to a poll conducted
by the National Research Group.
"VidAngel offers a service that is critically important," said Pastor Jim Garlow of San
Diego's Skyline Church. "Our community, which represents thousands of families,
cares deeply about being able to make thoughtful decisions about the entertainment
they consume in the home."
But major entertainment entities like Disney, Warner Bros., 20th Century Fox and
Lucasfilm have all taken legal action against VidAngel claiming that the service is
operating as an illegal streaming service.
VidAngel has since filed a counter lawsuit against the companies for violating
antitrust laws and claims its services are protected by the

- A.318 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 29 of 63 Page ID #:4390

EXHIBIT F
- A.319 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 30 of 63 Page ID #:4391

Hollywood sues to stop parents
from filtering sex, profanity in
•
movies
By PAUL BEDARD (@SECRETSBEDARD) • 9120116 10:06 AM

An entertainment company that is acting on a 2005 federal law to let parents filter sex, violence
and profanity from movies is under attack in Hollywood, drawing support from at least 16
family groups who are threatening to urge a boycott by the 52 million "values audience."

VidAngel, whose motto is "watch movies however the bleep you want," took advantage of the
Family Movie Act of 2005 and created a filtering system for users who are eager to watch
movies but are concerned about offensive content.

It has a simple model: Consumers buy a full-price movie through its system and choose what
words and actions they want filtered out. VidAngel does the work and then streams the movie
to the consumer. Then they can buy the movie permanently or pay as little as $1 for one view.

VidAngel sees it as a win-win for studios. An individual movie is bought for every customer,
and more customers are buying because they can filter out the offending language and scenes
that would have kept them from watching.

- A.320 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 31 of 63 Page ID #:4392

WHO ARE THE "VALUES" AUDIENCE?
VAUJES A!IDl£NCE"

But Hollywood said the model isn't legal, amounts to a cheap streaming system for their
products and is angered that the movie industry's art is being tampered with. And it is suing.

The fight has turned into an ugly legal battle, and now many Washington-based family groups
are going to bat in court for VidAngel, saying the service is legal under the Family Movie Act.

Media Research Center founder and President Brent Bozell told the Washington

Examiner, "Hollywood should be applauding VidAngel for saving them consumers who
otherwise won't buy their product. Instead, Hollywood is on the warpath against VidAngel.
They want families poisoned.

"In effect, Hollywood execs are saying, 'You can only watch our movies if you let us keep all
the gratuitous garbage that offends your family.' How reprehensible of Hollywood. Good for
VidAngel for fighting Goliath."

Donna Rice Hughes, whose Enough Is Enough group has convinced McDonald's restaurants
and others to filter porn from free Internet offered at stores, added, "Protecting youth from
pornography and other objectionable online content should be shared by the government,
corporate America and the parents.

- A.321 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 32 of 63 Page ID #:4393

"It seems to me that VidAngel is making it much easier for parents to be empowered to easily
and economically manage the type of film content their children view online."

Whatever the outcome, polling data provided to the Examiner shows that millions want to be
able to filter movies and TV shows and amount to an enormous market Hollywood is missing.

The survey found that the "values audience" represent 37 percent of the entertainment market,
are mostly Christian and have kids. Some 57 percent said it is very important for them to know
the content is clean before watching, and 82 percent of parents eager to use a filter system
before their children watch.

Paul Bedard, the Washington Examiner's "Washington Secrets" columnist, can be contacted
at [e-mail]

- A.322 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 33 of 63 Page ID #:4394

EXHIBIT G
- A.323 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 34 of 63 Page ID #:4395

'Clean up' films, or clean
up filming?
To the editor: What about simply not watching films that one already knows
have offending scenes and words in them?
That surely would send more of a message (if one feels that it is necessary)
than paying someone to first buy, and then somehow censor, and then send
you, a questionable film for your viewing.

Doug Stokes, Duarte

To the editor: I hope that VidAngel does well. It is long overdue for
something to be done about Hollywood's debasement of the beautiful English
language.
And, yes, many people do not need to be hit over head with how to have sex.
We all know about sex - we learn about it in school. How about leaving
something to the imagination?

Rita Burton, Pacific Palisades

- A.324 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 35 of 63 Page ID #:4396

To the editor: Instead of an initiative to require performers in adult films to
use condoms during sex scenes, how about an initiative that proposes
prohibition of filming such sex scenes for public viewing ever?
Barbara Hill, Anaheim

- A.325 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 36 of 63 Page ID #:4397

EXHIBIT H
- A.326 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 37 of 63 Page ID #:4398

Family
is a big deal our house. I sometimes have popcorn, we make ice
cream floats, and I make delicious homemade pizza. It was a
I did
growing up and it was one of the best things about home, that I love. So I want to
provide that for my family, create memorable memories for my children to enjoy
and they can pass on to their family, just like I'm doing now.
I'm very consistent with it. In the morning I ask the kids what kind of pizza they like,
pepperoni, Chicken Alfredo, or Cheese pizza for my husband who doesn't eat
meat and so on. Getting movies my children can watch without bad language or
bloody violence can be a little difficult and if you LOVE to
then this is
for you. When I found Vidangel it blessed my soul.

is a streaming service where you can watch movies for $1. I was shocked
when I saw this and right away checked it out. I thought it was going to be $1.09,
$1.25 or even $1.50 ... NOPE, just $1 ! In addition to that, What's different about all
other streaming services is that Vidangel gives you the option to filter out any kind of
violence, sex, language, etc. that you don't want your family to watch. You get to
pick and choose from the filters in the movie, what you don't want to watch.

- A.327 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 38 of 63 Page ID #:4399

New Release Movie Prices
iTunes

Amazon
Google Play

$3.99
$3.99
$3.99

c:::::::>'

Vidfln.tp!L

$1.00*
*per night with sellback

Even when I get to have "Me time" or even
with hubby, I don't want to
get bombarded with
. I want to enjoy
the movie content without having to cover my eyes or my children eyes. They do
this process legally by selling you the moving and giving you the option to sell it
back to them. You can watch movies for $1 on your Computer/Laptop,
ipad/iphone or on Roku (This is my personal favorite).
Check out this video

created with a powerful message.

You buy the movie for $20. You can sell it back to
and they will credit your
account $19. You can then use that credit to get another movie or cash out your
account. I like to leave it in my account for Friday family movie nights!

- A.328 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 39 of 63 Page ID #:4400

Once you put in the filters, you can watch the movie anyway you want. I
watched
with some of the filters and I was so into the
movie that I forgot I even put in filters for the movie, I couldn't tell. Here is a video
below on how you can sign up and get started with watching movies for $1.

I even had the opportunity to show my children the whole
, starting
from the beginning. If you want to start from the beginning, click the link above or if
you want to see the recent Start Wars movie, The Force Awakens, Click below.

- A.329 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 40 of 63 Page ID #:4401

EXHIBIT I
- A.330 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 41 of 63 Page ID #:4402

The Movie iltering

ite We

Some posts contain affiliate links.
SEPTEMBER 23, 2016: l

Tonight is Roberts Family Movie Night. We pop popcorn and dredge it in
seasonings (my favorite is this
!). We cram onto
the big U-shaped couch that came with the house, and we stay up entirely too
late, laughing and enjoying a movie together.

As our children have gotten older, it's been harder to find movies that
everyone enjoys. Often, we have to watch a "little kid" movie earlier in the
evening and switch to a "big kid" movie later on.
I still remember the night my husband rented Goonies. He remembered it
from his childhood and wanted to share the film with the kids. A few minutes

- A.331 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 42 of 63 Page ID #:4403

into the movie it became obvious we would NOT be sharing Goonies with the
kids. EEK!
But, then we found
. I don't even remember how we found out about
the site. We joined while it was still in beta and helped make some of the
selections that built their first library of films available for filtering. One of
those movies was Goonies!
Since that day, we've been loyal fans of VidAngel. We have watched many,
many movies that we never would have been able to watch
otherwise. Movies that have merit and are worth the watching, but needed
some cleaning up so the entire family could enjoy them.
The way that
works is simple. You "buy" your first movie for
$20. You choose the filters you want on - everything from language to
violence to immodesty - and then watch the movie with those things taken
out. There is very little disruption to the film, so you aren't getting huge blips
and bleeps, just smooth transitions and muted language. (We have our filters
preset now, so it doesn't take me very long to go in and check over the filters
each time we watch a movie.)
After you watch the movie, you sell the movie back for $19. That money goes
into a credit account on VidAngel. The next time you "buy"/rent a movie, your
cost is only $1 because you have that $19 credit. And right now, if you sign
up and watch a movie, you can then turn around and invite other friends and
family to join, and once they rent their very first movie, you receive a $5 credit
to your account, giving you 5 FREE MOVIES!

We have tried several different filtering programs, and VidAngel is by far the
best! Plus, you can request movies for their team to filter! Your teens can
watch Schindler's List for school without needing to see the nudity. You and
your spouse can settle in for a movie night with an action/adventure film that
doesn't include any language. Your little ones can be in the same room when
a movie is playing because you've already taken out everything that you don't
want your family to see!

- A.332 -

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We haven't decided yet what we'll be watching tonight for Roberts Family
Movie Night, but you can be certain it will include a
movie! Why not
join us?l
And yes, those are links that will give our family a $5 credit - thank you!

- A.333 -

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EXHIBIT
- A.334 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 45 of 63 Page ID #:4406

How To Make Any Movie Family Friendly
september 23 by : '

-------------··'*··-·' ----------I remember growing up we would otlen tape movies and shows on our VCR.
Remember those old things? We had taped A Christmas Story, Back to the Future,
Pretty Woman, and much more. Ifl was bored, I could just grab a movie to watch. It
was awesome!

As an adult, I love to share movies that my husband and I watched growing up with
my son. We love to watch A Christmas Story every year before Christmas.
Unfortunately, we kept running into a problem. ·rhe movies that we grew up watching
were edited for tv. I don't remember actually seeing Doc getting shot in Back to the
Future and we were completely shocked at all the things in National Lampoons

- A.335 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 46 of 63 Page ID #:4407

Christmas Vacation. Our favorite movies we watched growing up weren't family
appropriate.
For years we just talked about what we would watch with our son when he was older.
Then a few months ago a blogger friend mentioned
It's a video streaming
service that allows you to edit what you are going to watch. You can edit out swear
words, violent scenes, or just about anything else you would want. It is absolutely
amazmg.
We have used it a few times now to watch movies that I normally wouldn't let my son
watch. He loves it because he gets to watch movies he nonnally wouldn't be allowed
to watch, I love it because I can edit out all the things I don't want him to see. You
can watch older movies or the movies that just came out. You can see how to make
any movie family friendly with

If you haven't signed up with ;'
you can sign up for free,
. Once you sign
up just choose the movie you want to watch and click on add to watchlist. We
watched National Lampoon's Family Vacation. It is a movie my husband loved
growing up, but it rated R so inappropriate for my 14-year-old.

National Lampoon's Vacation
RATED R

1h 38m

lRAJLER

fllTERS

StiARE

WATCHL!t•l

HIDE THIS MOVlf

Next, you will want to click on the filters button so you can go through and set all the
filters.

- A.336 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 47 of 63 Page ID #:4408

It will list out all of the filters that are available. You can easily go through each one
of the categories and choose what works for your family. They have profanity, sexual
remarks, blasphemy, crude talk, and discriminatory language edits.

Once you have edited out all the language you can move on to scenes you might find
inappropriate. You can have it skip over scenes that show things like nudity.

- A.337 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 48 of 63 Page ID #:4409

You can also delete scenes that you may find violent. Each one disappears with just a
click. I have noticed that the editing of them is pretty good. My son had no idea a
couple of the things even happened.

- A.338 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 49 of 63 Page ID #:4410

When you are finished editing the movie it will show you the total number of filters
that are in the movie. As you can see, we left a lot of stuff in the movie. Because my
kiddo is almost 15 I didn't have a problem with a lot of the stuff in the movie. For me,
it is more editing out the curse words.

National Lampoon's Vacation
RATED R

111 38m

TRAILER

FILTERS

SHARE

WATCHL!ST

'C' HIDE THIS MOVIE

You can now choose to buy the movie. You will pay $20 to stream it and get $19 back
when you return it within 24 hours. Just like Redbox, it is $1 a day. So if you return it
two days later it will cost you $2. Unlike Redbox, you get to do everything at home
and don't even have to leave the house. Plus, you can enable all of your own filters.
Although I feel like they do a great job of editing the movie without it looking too
edited I wouldn't recommend cutting out all of the filters. You probably really don't
want your 5 year old watching a rated R movie even if it is edited.
I would
recommend going down one rating from what you normally would. If you let your
child watch PG movies then a PG-13 edited movie should be good.
I love that with
we can show our son movies that we enjoyed from our
childhood and let him watch movies he normally couldn't see, all for $1. It's a great
way for us to spend a family night for a reasonable price. Has your family
tried ,
yet? What did you think?

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EXHIBIT K
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Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 51 of 63 Page ID #:4412

CP
Vid.Angel vs. Disney: PTC, MovieGuide Defend Family-Friendly
Streaming Site as Lawful

Walt Disney Company Chairman and Chief Executive Officer Robert lger announces Disney's new
standards for food advertising on their programming targeting kids and families at the Newseum in
Washington, June 5, 2012. REUTERS/Gary Cameron/File Photo
VidAngel, a company that enables the filtering of adult content from TV and movies, is facing a lawsuit
from some of the biggest names in film: the Walt Disney Company, Lucasfilms, 20th Century Fox, and
Warner Bros. The four industry giants claim that the video streaming service is infringing on its
copyrighted material.
According to the

Disney and the plaintiffs are suing for copyright infringement and for violation of

the Digital Millennium Copyright Act. The plaintiffs also contend that the Utah-based movie filtering
service does not have authorization to use its films and has failed to pay for the licensing of titles.
The irony is that VidAngel, a company intending to help families filter unwanted content, is being sued by
Disney, a film and TV entity known to produce some of the more family-friendly material.
Several highly-regarded TV and film watchdogs are chiming in on the issue.
Asked if he thought VidAngel was pirating content, Parents Television Council (PTC) President Tim
Winter was clear about his convictions, telling The Christian Post during an interview on Monday:
"The answer is, 'No.' They (VidAngel) are doing it (streaming content) lawfully. They are doing it properly,"
he said.
"What they're doing is they're actually buying physical copies of the DVDs, and then as a subscriber, you
then purchase from them that DVD copy, and then you have the right to stream it because you own it, you

- A.341 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 52 of 63 Page ID #:4413

bought it, and then what you are able to do is that you are able to sell it back to VidAngel for part of the
purchase price."
Winter told CP that VidAngel's initial point of sale is key. "So it's a very important distinction that the
VidAngel procedure is including. It's not just they're taking some movie and streaming it for profit without
giving Disney any money. They're actually paying Disney for a copy of the DVD."
The PTC president said Disney's current business structure forces VidAngel to take the risk of paying for
thousands of DVDs, not knowing if customers will make a purchase.
Winter added that reselling DVDs was also a big risk. "VidAngel has to buy a bunch of copies and hope
that they've estimated correctly about how many that are not going to be reselling."
MovieGuide Founder and Publisher Dr. Ted Baehr, who used to be an attorney in the U.S. Attorney's of
the district of New York, also supports VidAngel.
"Something is not a law until a court decides that it's legal or illegal," he told The Christian Post during
an interview on Monday.
In VidAngel's case Baehr said, "If you or I buy a DVD we can do anything we want with it because it's
ours."
Baehr likened VidAngel's case to his days in law school when there had been a dispute over the airspace
between a PanAm building in New York City that had been constructed over Grand Central Station.
"So we were trying to figure out what value was a piece of an apartment hanging in mid-air, full of nothing,
over the Grand Central Station ... Now [regarding VidAngel] you're not just talking about a space in the air
... you're now talking about a space -

in a space -

in a space -

in somebody's electronic thought box.

It would make 'The Matrix' look like a simple equation."
Baehr's bottom line on VidAngel: "I think from the act, and from the intention, and from the classic point of
view, that once you buy something, you can feed it through your shredder, you can do anything you want
with it ... "
Baehr, however, is not in total agreement with the services VidAngel offers. "I don't think just
whitewashing something or just erasing the foul language is a solution ... There's a point in which
VidAngel's work is solutary and beneficial for families. I think it's like seventy or eighty percent beneficial

"The court will make the law when it decides on this case."
Recently, the plaintiffs in the case against VidAngel asked a federal judge to force the video streaming
company to shut down its operations while the suit is pending, and has requested a jury trial. VidAngel
has filed a countersuit to prove that it is in fact not pirating copyrighted material.

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EXHIBIT L
- A.343 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 54 of 63 Page ID #:4415

THE CHRISTIAN POST
Sex, Violence, and Cussing Be Gone
Just what every home needs-an explicit filter on Hollywood. VidAngel takes the garbage out for
you-all the bad language and graphic scenes-leaving you with a family-friendly film.
As VidAngel CEO explains, "We created this company because-as parents and consumers-we
understand deeply the surging demand for filtering content to suit the needs of families."

VidAngel has a library of over 2,500 TV and movie titles available-for multiple devices like
smartphones, computers, and AppleTV.
The service even allows users to pick their filter strength. The best part is the cost: users purchase
the video on line for $20. 00 and can sell it back for a credit of $19.00 if viewed within 24 hours. That's
$1.00 for filtered entertainment.

For families concerned with violence, sex, and foul language, this service alleviates the bad and
leaves the good. VidAngel advises consumers if excessive filtering will remove large portions of the
movie.

- A.344 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 55 of 63 Page ID #:4416

What's not to like? Well, Hollywood doesn't like it. But under the 2005 Family Movie Act, third parties
can provide the filtering that Hollywood currently does not. Disney and Warner Bros. among others
consider VidAngel's actions to be an "unauthorized" use of film streaming. But so far, it hasn't
slowed VidAngel down, and for consumers, it's cheap, clean entertainment. A real deal.

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EXHIBIT M
- A.346 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 57 of 63 Page ID #:4418

MEDIA

PTC calls out Hollywood for (bleep)

The Parents Television Council is calling out Hollywood for its stance against
filtered content, saying it is a hypocritical double-standard.
Disney, Lucasfilm, 20th Century Fox, and Warner Bros. are suing a company
that offers families the technology to block out offensive content, such as
profanity.
Tim Winter, president of the

, is publically

supporting company VidAngel while pointing out the hypocrisy of Hollywood.
He recalls that when NBC secured the rights to "Veggie Tales" about a
decade ago, the network edited out references to God. More recently, on
A&E's "Duck Dynasty," bleeps were added to portray a harsher program even
though profanity wasn't used.

"Here's an exact opposite position taken by the very same networks that are
now suing a company for filtering," Winter argues. "They can filter when they

- A.347 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 58 of 63 Page ID #:4419

so choose, but if it's something that they don't to choose then they have a
conniption and it's a blatant double-standard."
Winter accuses the Hollywood studios of interfering with VidAngel's business
and depriving families of a right that was granted them by Congress in the
Family Movie Act.
"Despite Congress's solution," he says, "the TV networks are now trying to
resort to the courts to fight for what they want as opposed to what the
Congress has passed, what the president has signed into law, and what has
been longstanding law for over a decade."

- A.348 -

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EXHIBIT N
- A.349 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 60 of 63 Page ID #:4421

MommyTipz.com

Keep your Kids and Family
Safe from Violence and
Profanity on Movies
he entertainrnentindustry has evolved greatly in all these years. There has been a lot of ditTercnec in
the kinds of programmes appearing on television. It is in fact a hot potato today. Apar1 from

educational shows, all that we see on TV today are daily soaps. reality shows, movies, comic serials
and other new programmes.

Many a times we tend to associate ourselves with whal we watch so much that it

afl~cls

our daily

activities. Therefore. i1 is important to stay away frorn unwanted and impractical TV prograrnrnes.
This can be done by using VidAngel that comes in different Vici Angel rental costs.

Impact of Visual Media

- A.350 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 61 of 63 Page ID #:4422

We are all so obsessed with television today that we even keep aside important tasks just lo watch
our favorite shows. Kids these days arc so rnuch into television that they know every little detail
about the programmes on TV. They quickly learn how it works. the programme schedule and what
they are all about. Elders as well as kids gel greatly affected by the television programmes and
movies today. There are movies and shows that use vulgar and abusive language that kids tend lo
learn quickly.

Scenes of violence are also shown vvhich leave a bad inrnge of society in the minds

or kids and

ciders. This causes people- to slay indoors due to fear of the daily incidents happening around. Kids
these clays also access the Internet for various purposes. There are many young children who tend to
watch adult movies and contents, which is not a good habit. Children take the information in their
own ways, resulting in unnecessary gathering of information and a waste of their precious time. They
get glued to the television and Internet. ignoring their academics and games.

Safeguard your Kids from Psychological Threat
In order to keep your kids and entire family away from such unwanted contents, it is important to
make use of certain content blockers. Vid!\ngel is one such movie streaming service that is designed
to filter out bad contents from movies or TV shows, with legal permission. It lets you choose the
filters yourself. You can choose the content you want to watch and hear. It filters vulgar language,
scenes, violence. etc. thus letting you watch your favorite movies and shows with family.

The best part of it is that customers can stream contents on their android or !\pp le devices. \vcb
browsers, VidAngel app. Roku. etc. lhe

arc alsci minimal and affordable. It

costs only $1 for streaming in SD and $2 for streaming in HD. You simply have to register \Vith
VidAngel. select your movie and choose the filters. The questionable content \Viii then be removed
and you will be provided with the perfoct rnovie or TV show content that you can watch freely with
everyone.
So overall, VidAngel is a great service that filters unwanted. harsh. sexual and abusive content for
your benefit. Now your family and children will be safo from all the profanity and violence in the
entertainment contents.

- A.351 -

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EXHIBIT P
- A.352 -

Case 2:16-cv-04109-AB-PLA Document 110 Filed 10/17/16 Page 63 of 63 Page ID #:4424

September 23, 2016
Dave Vance
245 N. University Ave
Provo, UT 84601
Dear Mr. Vance,
My name is Dallin Webb, and I am a student at BYU-Idaho. I hope everything at VidAngel is
going well. I've been aware of recent legal issues the business is dealing with against major
players in the movie industry. I am writing this Jetter to show my support in a time where it is
more important than ever to stand up to today's conventional wisdom.
Although I have only used your service a few times, I can easily see the positive outcomes it will
have in my life, and eventually, my family. Being a part of the LOS community, I have strict
standards when it comes to the quality of entertainment, therefore, I am grateful to know of a
platform that allows me to stay safe in this increasingly immoral society. Let my voice be heard
when I say there is almost nothing more important to me than living in a home that is kept pure
and safe from the influences of the world. VidAngel serves as a necessary tool in this regard.
I pay particular interest to organizations and businesses that defy their current conventional
wisdom. I myself will likely encounter a variety of adverse reactions as I move into the
alternative field of the medical industry. I've read of many examples of how great an effect small
groups of people have had on positive change in the world. The group of people at VidAngel and
its supporters are no different. Thanks for allowing me to vote with my dollars. l wish you all
well this October.

Sincerely,

Dallin Webb
48 W. 2nd S. #42
Rexburg, ID 83440

- A.353 -

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- A.354 -

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- A.356 -

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- A.357 -

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- A.358 -

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 1 of 60 Page ID #:2624

1 Ryan G. Baker (Bar No. 214036)
[e-mail]
2 Jaime Marquart (Bar No. 200344)
[e-mail]
3 Scott M. Malzahn (Bar No. 229204)
[e-mail]
4 Brian T. Grace (Bar No. 307826)
[e-mail]
5 BAKER MARQUART LLP
2029 Century Park East, Sixteenth Fl.
6 Los Angeles, California 90067
Telephone: [phone]
7 Facsimile: [phone]

Peter Stris (Bar No. 216226)
[e-mail]
Brendan Maher (Bar No. 217043)
[e-mail]
Elizabeth Brannen (Bar No. 226234)
[e-mail]
Daniel Geyser (Bar No. 230405)
[e-mail]
STRIS & MAHER LLP
725 S. Figueroa St, Suite 1830
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]

8
9
10
11
12
13
14

Maxwell M. Blecher (Bar No. 26202)
[e-mail]
Donald R. Pepperman (Bar No. 109809)
[e-mail]
Taylor C. Wagniere (Bar No. 293379)
[e-mail]
BLECHER COLLINS & PEPPERMAN, P.C.
515 S. Figueroa St., Suite 1750
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

David Quinto (Bar No. 106232)
[e-mail]
VIDANGEL, Inc.
3007 Franklin Canyon Drive
Beverly Hills, CA 90210-1633
Telephone: [phone]

Attorneys for Defendant and
15 Counterclaimant VidAngel, Inc.
16
UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

WESTERN DIVISION

19
20
21
22

DISNEY ENTERPRISES, INC.;
LUCASFILM LTD. LLC;
TWENTIETH CENTURY FOX FILM
CORPORATION; AND WARNER
BROS. ENTERTAINMENT, INC.,
Plaintiffs,

23
24
25
26

CASE NO. 2:16-cv-04109-AB-PLA
VIDANGEL, INC.’S AMENDED
ANSWER AND AFFIRMATIVE
DEFENSES TO COMPLAINT; AND
FIRST AMENDED
COUNTERCLAIMS
[DEMAND FOR JURY TRIAL]

vs.
VIDANGEL, INC.,
Defendant.

Judge: Hon. André Birotte Jr.
Courtroom 4

27
28
AMENDED
- A.359 - ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 2 of 60 Page ID #:2625

1

VIDANGEL, INC.,

2
3
4
5
6
7

Counterclaimant,
vs.
DISNEY ENTERPRISES, INC.;
LUCASFILM LTD. LLC;
TWENTIETH CENTURY FOX FILM
CORPORATION; WARNER BROS.
ENTERTAINMENT, INC., AND
DOES 1-100,
Counterclaim-Defendants.

8
9

AMENDED ANSWER

10

Defendant VidAngel, Inc. (“VidAngel”) hereby answers plaintiffs Disney

11

Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and

12

Warner Bros. Entertainment, Inc.’s (collectively, “Plaintiffs’”) Complaint.

13
14
15

INTRODUCTORY STATEMENT
Plaintiffs’ carefully selected and misleading allegations distort relevant facts
and law.

16

Plaintiffs repeatedly suggest that VidAngel needs their permission to offer a

17

filtering service, despite Congressional law which expressly authorizes VidAngel’s

18

service without need for any such consent. In enacting the Family Movie Act

19

(“FMA”), Congress protected the right of families to filter and view content

20

according to their personal preferences. This right is codified in Copyright Act

21

Section 110 (“Limitations on exclusive rights: Exemption of certain performances

22

and displays”). That section provides that “making imperceptible (i.e., filtering) . . .

23

at the direction of a member of a private household, of limited portions of audio or

24

video content of a motion picture [defined to include television programs, as well],

25

during a performance in or transmitted [e.g., streamed] to that household for private

26

home viewing, from an authorized copy of the motion picture” does not violate the

27

Copyright Act. Because the Digital Millennium Copyright Act is part of the

28

Copyright Act, it is subject to the same exemption. Hence, VidAngel is well within
-1-

- A.360 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 3 of 60 Page ID #:2626

1

its rights to legally decrypt DVDs and Blu-rays for the purpose of allowing families

2

to view filtered movies.

3

In asking this Court to impose a consent requirement on VidAngel’s filtering

4

service, Plaintiffs are effectively asking that the Court repeal a federal statute enacted

5

to protect American families.

6

Plaintiffs further suggest they do not derive financial benefit from VidAngel’s

7

business. In fact, the opposite is true. VidAngel spends one-third of all capital raised

8

to lawfully purchase thousands of DVD and Blu-ray discs, which are then re-sold to

9

VidAngel users. Shown below is the manager of VidAngel’s storage vault pictured

10

with lawfully purchased copies of The Revenant.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

VidAngel’s inventory of The Revenant, one of over 2,000 titles available

27
28

- A.361 -

-2AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 4 of 60 Page ID #:2627

1

The majority of VidAngel’s purchases represent sales that would not occur but for its

2

filtering service, because most of VidAngel’s customers would not acquire and watch

3

a particular film without filtering.

4

Plaintiffs’ repeated characterization of VidAngel’s service as a “rental” service

5

is yet another deliberate mischaracterization. As shown in the picture below, each

6

disc lawfully purchased by VidAngel is assigned an individual bar code.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

VidAngel’s discs are marked with individual bar codes

26
27
28

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-3AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 5 of 60 Page ID #:2628

1

These specific, identifiable discs are re-sold by VidAngel to its customers. Once a

2

VidAngel customer purchases a disc, that disc is no longer available for sale. The

3

purchasing customer may request that the physical disc be mailed to him or her or

4

may allow VidAngel to maintain custody of it. The discs are maintained in a physical

5

vault, which is kept locked and protected by round-the-clock electronic monitoring.

6

When a customer purchases one episode of a television show available on a disc

7

containing multiple episodes, VidAngel cannot sell any other episode for an obvious

8

reason – the entire disc is in its vault and the entire disc belongs to that one customer.

9

After VidAngel lawfully acquires DVDs for a particular title, it prepares the

10

DVD’s content for filtering by tagging a digital copy of each film to identify over 80

11

categories of content – such as profanity, nudity and violence. To use VidAngel’s

12

service, users must first purchase movies and may view them only after selecting

13

their desired content filters. Works are filtered as requested by each customer and

14

transmitted to each household privately, at the direction of a member of the

15

household. VidAngel never makes a fixed copy of any filtered work. Once a

16

VidAngel user has viewed a filtered film he or she purchased, the user may, at his or

17

her option, keep the title or sell it back to VidAngel.

18

VidAngel’s business model is predicated on providing a filtering service in a

19

completely lawful manner. VidAngel wrote to Plaintiffs and other content owners

20

over a year ago to describe its service and request feedback regarding any concerns

21

with respect to copyright or other issues. In those letters, VidAngel promised that if

22

any of the studios raised an issue with VidAngel’s service, VidAngel would attempt

23

to modify it to address the purported infirmity. Although neither the Plaintiffs nor

24

any other copyright owner raised any issue in response to the letters, at least one of

25

the Plaintiffs signed up for VidAngel’s service shortly after receiving VidAngel’s

26

letter. Using an alias name, Albert Podrasky, Plaintiff Disney Enterprises, Inc.’s

27

worldwide anti-piracy head, opened a VidAngel account on August 6, 2015. He then

28

purchased and sold back numerous DVDs. Plaintiffs Twentieth Century Fox and
-4-

- A.363 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 6 of 60 Page ID #:2629

1

Time Warner also responded to VidAngel’s offer to meet, but they did not raise any

2

concerns regarding VidAngel’s model.

3

Plaintiffs disingenuously imply that, following a year of inaction, they have

4

sued now only because VidAngel changed its business model. (Complaint ¶ 47.)

5

The truth is that during a 2014 beta test, VidAngel used an earlier business model (a

6

Google Play “plug-in” and HD Chromecast support), which required Google’s active

7

assistance. After initially supporting VidAngel, Google notified VidAngel that the

8

method being tested violated YouTube’s Terms and Conditions and withdrew

9

Chromecast support. When VidAngel wrote to the Plaintiffs and other studios (in

10

July 2015), it was already using its current business model, which Mr. Podrasky

11

began examining early last August. Given their delay, Plaintiffs cannot credibly

12

argue that VidAngel’s service has irreparably harmed them.1

13

Plaintiffs’ complaint is not surprising in light of Plaintiffs’ longstanding

14

hostility toward any form of filtering under the FMA, as the framers of the FMA

15

acknowledges in its legislative history. It appears that Plaintiffs also complain

16

because VidAngel’s service is damaging their relationships with “streaming service

17

licensees” to whom Plaintiffs have sold lucrative streaming licenses that do not

18

permit filtered streaming.2 But Plaintiffs cannot demand a separate license for

19

filtering their content when doing so is specifically authorized by the FMA, which

20

Congress enacted to protect the right of families to enjoy the cinematic arts in their

21
22
23
24
25
26
27

1

Moreover, courts may not enjoin a technology, such as VidAngel’s, that has
“substantial non-infringing uses.” Sony Corp. of America v. Universal City Studios,
Inc., 464 U.S. 417 (1984). Plaintiffs nowhere dispute that VidAngel’s technology has
such uses.
2
In fact, Plaintiffs have interfered with VidAngel’s attempts to partner with
streaming content providers to filter movies. Plaintiffs have also sought to
improperly expand their copyright monopoly, seeking to deprive consumers of their
right to buy and sell copyrighted works. As alleged in VidAngel’s Amended
Counterclaims, Plaintiffs should be held accountable for their improper actions.

28

- A.364 -

-5AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 7 of 60 Page ID #:2630

1

homes while omitting offensive or otherwise objectionable content. VidAngel exists

2

to provide families a means to implement the spirit and purpose of the FMA. This

3

Court should protect the FMA and reject Plaintiffs’ renewed effort to render that

4

important legislation meaningless.

5
6
7
8

RESPONSES TO SPECIFIC ALLEGATIONS
1.

Paragraph 1 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
2.

VidAngel admits the image in paragraph 2 appears to be a screenshot

9

from VidAngel’s website. Additionally, VidAngel admits its users can search for

10

content by popularity, genre and other categories. Among other things, users can

11

search for content by a motion picture’s “inspiring score,” which is the average score

12

given by users on a rating scale of 1 to 100 as to whether a motion picture is

13

inspiring. VidAngel denies the remaining allegations in this paragraph.

14
15
16

3.

Paragraph 3 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
4.

VidAngel admits the image in paragraph 4 appears to be an

17

advertisement that previously appeared on VidAngel’s website. Paragraph 4 contains

18

legal arguments, opinions and conclusions that require no response. VidAngel

19

otherwise denies the allegations of this paragraph.

20

5.

VidAngel admits the images in paragraph 5 appear to be screenshots

21

from VidAngel’s website. The remainder of this paragraph contains legal arguments,

22

opinions and conclusions that require no response. VidAngel otherwise denies the

23

allegations of this paragraph.

24
25
26
27

6.

Paragraph 6 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
7.

Paragraph 7 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.

28

- A.365 -

-6AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 8 of 60 Page ID #:2631

1
2
3

8.

VidAngel is without sufficient information or knowledge to form a

belief as to the truth of the allegations of paragraph 8.
9.

VidAngel is without sufficient information or knowledge to form a

4

belief as to the truth of the averment that Disney has obtained Certificates of

5

Copyright Registration for the Copyrighted Works. The remainder of Paragraph 9

6

contains legal arguments, opinions and conclusions that require no response.

7

VidAngel otherwise denies the allegations of this paragraph.

8
9
10

10.

VidAngel is without sufficient information or knowledge to form a

belief as to the truth of the allegations of paragraph 10.
11.

VidAngel is without sufficient information or knowledge to form a

11

belief as to the truth of the averment that Lucasfilm has obtained Certificates of

12

Copyright Registration for the Copyrighted Works. The remainder of Paragraph 11

13

contains legal arguments, opinions and conclusions that require no response.

14

VidAngel otherwise denies the allegations of this paragraph.

15
16
17

12.

VidAngel is without sufficient information or knowledge to form a

belief as to the truth of the allegations of paragraph 12.
13.

VidAngel is without sufficient information or knowledge to form a

18

belief as to the truth of the averment that Fox has obtained Certificates of Copyright

19

Registration for the Copyrighted Works. The remainder of Paragraph 13 contains

20

legal arguments, opinions and conclusions that require no response. VidAngel

21

otherwise denies the allegations of this paragraph.

22
23
24

14.

VidAngel is without sufficient information or knowledge to form a

belief as to the truth of the allegations of paragraph 14.
15.

VidAngel is without sufficient information or knowledge to form a

25

belief as to the truth of the averment that Warner Bros. has obtained Certificates of

26

Copyright Registration for the Copyrighted Works. The remainder of Paragraph 15

27

contains legal arguments, opinions and conclusions that require no response.

28

VidAngel otherwise denies the allegations of this paragraph.
-7-

- A.366 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 9 of 60 Page ID #:2632

1

16.

VidAngel admits that it is a Delaware corporation with its principal

2

place of business at 249 N. University Avenue, Provo, Utah 84601. VidAngel

3

otherwise denies the allegations of this paragraph.

4
5

17.

VidAngel admits that this Court has subject matter jurisdiction over the

Complaint.

6

18.

VidAngel admits that venue is proper in this district.

7

19.

VidAngel lacks sufficient information or knowledge to form a belief as

8
9
10
11
12
13
14
15
16
17
18

to the truth of the allegations of paragraph 19.
20.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 20.
21.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 21.
22.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 22.
23.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 23.
24.

VidAngel is without sufficient information or knowledge to form a

belief as to the truth of the averments in the preamble of paragraph 24.

19

(a) VidAngel is without sufficient information or knowledge to form

20

a belief as to the truth of the allegations of paragraph 24(a).

21

(b) VidAngel is without sufficient information or knowledge to form

22

a belief as to the truth of the allegations of paragraph 24(b).

23

(c) VidAngel is without sufficient information or knowledge to form

24

a belief as to the truth of the allegations of paragraph 24(c).

25

(d) VidAngel is without sufficient information or knowledge to form

26

a belief as to the truth of the allegations of paragraph 24(d).

27

VidAngel admits that it has previously offered each of the motion picture titles listed

28

in paragraph 24 for sale and online filtering.
-8-

- A.367 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 10 of 60 Page ID #:2633

1
2
3
4
5
6
7
8
9
10
11

25.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 25.
26.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 26.
27.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 27.
28.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 28.
29.

Paragraph 29 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
30.

VidAngel admits that it operates an online video service located at

12

http://vidangel.com, which is also available through a mobile application users may

13

access on their internet-connected smartphones, tablets and televisions (apps for

14

televisions can only be used through a set-top box like Roku, Apple TV and Amazon

15

Fire TV). Additionally, VidAngel admits that it currently offers users the ability to

16

skip or mute content within certain filter categories, including language,

17

sex/nudity/immodesty, violence/blood/gore and alcohol or drug use. Users must

18

apply at least one filter in order to view a video. VidAngel otherwise denies the

19

allegations of this paragraph.

20
21
22

31.

Paragraph 31 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
32.

VidAngel admits that DVDs and Blu-ray discs are optical discs that

23

contain recorded material in digital form. VidAngel lacks sufficient information or

24

knowledge to form a belief as to the truth of the remainder of this paragraph.

25

VidAngel otherwise denies the allegations of this paragraph.

26
27

33.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 33.

28

- A.368 -

-9AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 11 of 60 Page ID #:2634

1
2
3
4
5

34.

Paragraph 34 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
35.

Paragraph 35 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
36.

VidAngel admits that the image in Paragraph 36 is an advertisement that

6

previously appeared on the Internet. VidAngel otherwise denies the remaining

7

allegations of Paragraph 36.

8
9
10
11
12

37.

Paragraph 37 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
38.

Paragraph 38 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
39.

VidAngel admits VidAngel’s “How Does VidAngel’s Sellback Work?”

13

page contains the question and response quoted in footnote 1. The remainder of

14

paragraph 39 contains arguments, opinions and legal conclusions that require no

15

response. VidAngel otherwise denies the allegations of this paragraph.

16

40.

VidAngel admits the screenshot and language from a “how-to” use

17

VidAngel video posted on the service’s homepage contains the picture and quoted

18

language contained in paragraph 40. The remainder of this paragraph contains

19

arguments, opinions and legal conclusions that require no response. VidAngel

20

otherwise denies the allegations of this paragraph.

21

41.

VidAngel admits VidAngel sells copyrighted content and permits users

22

to sell that content back to VidAngel. VidAngel further admits the image in

23

paragraph 41 appears to be a screenshot from VidAngel’s website. VidAngel admits

24

that it previously allowed users to select between auto or manual sell-back when a

25

user purchased video content. VidAngel admits that, when watching from a desktop

26

or laptop web browser, the system is designed to show the user a sell-back button

27

over the closing credits of the film. The remainder of this paragraph contains

28

- A.369 -

-10AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 12 of 60 Page ID #:2635

1

arguments, opinions and legal conclusions that require no response. VidAngel

2

otherwise denies the allegations of this paragraph.

3
4
5
6
7
8
9
10
11

42.

Paragraph 42 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
43.

Paragraph 43 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
44.

Paragraph 44 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
45.

Paragraph 45 contains legal arguments, opinions and conclusions that

require no response. VidAngel otherwise denies the allegations of this paragraph.
46.

VidAngel admits that users previously were able to filter out opening

12

and closing credits. Additionally, VidAngel lacks sufficient information or

13

knowledge to form a belief as to the truth of the averment that “some people already

14

have started to make social media postings touting the fact they can use VidAngel to

15

watch movies and television shows essentially unfiltered.” Paragraph 46 also

16

contains legal arguments, opinions and conclusions that require no response.

17

VidAngel otherwise denies the allegations of this paragraph.

18

47.

VidAngel admits that, as part of beta testing, it previously distributed an

19

internet web browser “plug-in” that muted and skipped content streamed from other

20

services. VidAngel denies the remaining allegations in paragraph 47.

21

48.

VidAngel admits that it currently offers more than 2,000 titles, which

22

includes television episodes and movies. VidAngel otherwise denies the allegations

23

of paragraph 48.

24

49.

Deny.

25

50.

VidAngel is without sufficient information and knowledge to form a

26
27
28

belief as to the truth of the allegations of paragraph 50.
51.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 51.
-11-

- A.370 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 13 of 60 Page ID #:2636

1
2

52.

VidAngel is without sufficient information and knowledge to form a

belief as to the truth of the allegations of paragraph 52.

3

53.

Deny.

4

54.

Deny.

5
6
7

FIRST CLAIM FOR RELIEF
55.

VidAngel incorporates its answers to paragraphs 1-54 as if set forth fully

herein.

8

56.

Deny.

9

57.

Deny.

10

58.

Deny.

11

59.

Deny.

12

60.

Deny.

13

61.

Deny.

14

62.

Deny.

15

63.

Deny.

16
17
18
19
20
21
22

SECOND CLAIM FOR RELIEF
64.

VidAngel incorporates its answers to paragraphs 1-63 as if set forth fully

herein.
65.

VidAngel admits that the quoted language in paragraph 65 appears in

Section 1201(a)(1)(A) of the Digital Millennium Copyright Act. Otherwise denied.
66.

VidAngel lacks sufficient information or knowledge to form a belief as

to the truth of the allegations of paragraph 66.

23

67.

Deny.

24

68.

Deny.

25

69.

Deny.

26

70.

Deny.

27

71.

Deny.

28

72.

Deny.

- A.371 -

-12AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 14 of 60 Page ID #:2637

1

AFFIRMATIVE DEFENSES

2

Pursuant to Rule 8(c) of the Federal Rules of Civil Procedure, VidAngel

3

further pleads the following separate and additional defenses. By pleading these

4

defenses, VidAngel does not in any way agree or concede that it has the burden of

5

proof or persuasion on any of these issues. VidAngel reserves the right to assert such

6

additional affirmative defenses as discovery indicates are proper.

7

FIRST AFFIRMATIVE DEFENSE

8

(Failure to State a Claim)

9

The complaint fails to state a claim upon which relief can be granted.

10

SECOND AFFIRMATIVE DEFENSE

11

(Legal Authorization)

12
13

VidAngel’s business is authorized by the Family Movie Act of 2005, codified
as 17 U.S.C. §110(11).

14

THIRD AFFIRMATIVE DEFENSE

15

(Fair Use)

16

The complaint is barred, in whole or in part, by the doctrine of fair use.

17

FOURTH AFFIRMATIVE DEFENSE

18

(Comparative Fault)

19
20

The complaint is barred, in whole or in part, based on the doctrine of
comparative fault.

21

FIFTH AFFIRMATIVE DEFENSE

22

(Failure to Mitigate Damages)

23

The complaint is barred, in whole or in part, based on Plaintiffs’ failure to

24

mitigate damages.

25

SIXTH AFFIRMATIVE DEFENSE

26

(Estoppel)

27
28

The complaint is barred, in whole or in part, based on the principles of
estoppel.

- A.372 -

-13AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 15 of 60 Page ID #:2638

1

SEVENTH AFFIRMATIVE DEFENSE

2

(Laches)

3

The complaint is barred, in whole or in part, by the doctrine of laches.

4

EIGHTH AFFIRMATIVE DEFENSE

5

(Unclean Hands)

6

The complaint is barred, in whole or in part, by the doctrine of unclean hands.

7

NINTH AFFIRMATIVE DEFENSE

8

(Waiver)

9

The complaint is barred, in whole or in part, by the doctrine of waiver.

10

TENTH AFFIRMATIVE DEFENSE

11

(First Amendment)

12

The complaint is barred, in whole or in part, because application of the

13

Copyright Act to impose liability in this case would violate the First Amendment to

14

the United States Constitution.

15

ELEVENTH AFFIRMATIVE DEFENSE

16

(Copyright Abandonment)

17

The complaint is barred, in whole or in part, to the extent any Plaintiffs have

18

forfeited or abandoned copyright or failed to comply with all necessary formalities.

19

TWELFTH AFFIRMATIVE DEFENSE

20

(Innocent Infringers)

21
22

The complaint is barred, in whole or in part, to the extent any persons, based on
whose behavior seek to hold VidAngel liable, are innocent infringers.

23

THIRTEENTH AFFIRMATIVE DEFENSE

24

(Supervening Events)

25

The complaint is barred, in whole or in part, because any alleged injury or loss

26

sustained by Plaintiffs was caused by intervening or supervening events over which

27

VidAngel had and has no control.

28

- A.373 -

FOURTEENTH AFFIRMATIVE DEFENSE
-14AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 16 of 60 Page ID #:2639

1
2

(Responsibility of Third Parties)
The complaint is barred, in whole or in part, because any alleged injury or loss

3

sustained by Plaintiffs was the fault and responsibility of third parties over whom

4

VidAngel had and has no control, and for whose actions VidAngel had and has no

5

responsibility.

6

FIFTEENTH AFFIRMATIVE DEFENSE

7

(Express or Implied License)

8
9

The complaint is barred, in whole or in part, because Plaintiffs have granted an
express or implied license in their copyrighted works to VidAngel.

10

SIXTEENTH AFFIRMATIVE DEFENSE

11

(First Sale Doctrine)

12

The complaint is barred, in whole or in part, by the first sale doctrine.

13

SEVENTEENTH AFFIRMATIVE DEFENSE

14

(Copyright Misuse)

15

The complaint is barred, in whole or in part, by the copyright misuse doctrine.

16
17

ADDITIONAL AFFIRMATIVE DEFENSE

18

(Subsequently Discovered Defense)

19

VidAngel has insufficient knowledge or information upon which to form a

20

belief as to whether it may have additional affirmative defenses, and reserves the

21

right to assert additional defenses if and as it learns of facts that may support such

22

defenses.

23

WHEREFORE, VidAngel prays for relief as follows:

24

1.

That the complaint be dismissed, with prejudice and in its entirety;

25

2.

That Plaintiffs take nothing by this action and that judgment be entered

26
27

against Plaintiffs and in favor of VidAngel;
3.

That VidAngel be awarded its costs incurred in defending this action;

28

- A.374 -

-15AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 17 of 60 Page ID #:2640

1
2

4.

That VidAngel be granted such other and further relief as the Court may

deem just and proper.

3

PRAYER

4

WHEREFORE, VidAngel prays for a judgment as follows:

5

1.

That Plaintiffs take nothing by the complaint;

6

2.

That no preliminary or permanent injunctions be entered against

7

VidAngel.

8

3.

That the complaint be dismissed with prejudice;

9

4.

That VidAngel recover its costs of suit incurred herein, including

10
11
12

reasonable attorneys’ fees; and
5.

That VidAngel be awarded any other and further relief as the Court may

deem just and proper.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- A.375 -

-16AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 18 of 60 Page ID #:2641

1

VIDANGEL’S FIRST AMENDED COUNTERCLAIMS

2

For its Amended Counterclaims against Plaintiffs Disney Enterprises, Inc.,

3

Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, and Warner Bros.

4

Entertainment, Inc.’s (collectively “Counterclaim-Defendants”), VidAngel avers as

5

follows:

6
7

THE PARTIES
1.

Counterclaimant VidAngel, Inc. is a corporation duly incorporated under

8

the laws of the State of Delaware with its principal place of business in Provo, Utah.

9

VidAngel is the leading entertainment platform empowering users to filter movies

10

and television shows as expressly authorized by Congress. Using VidAngel’s

11

proprietary technology, consumers view content they own in a customized experience

12

that offers the greatest degree of personal choice in the entertainment marketplace –

13

all as expressly authorized by Congress in the Family Home Movie Act of 2005, as

14

explained more fully below.

15
16
17

2.

Counterclaim-Defendant Disney Enterprises, Inc. (“Disney”) is a

Delaware corporation with its principal place of business in Burbank, California.
3.

Counterclaim-Defendant Lucasfilm Ltd., LLC (“Lucasfilm”) is a limited

18

liability company organized under the laws of the State of California with its

19

principal place of business in San Francisco, California. Lucasfilm is a wholly-

20

owned subsidiary of Disney.

21

4.

Counterclaim-Defendant Twentieth Century Fox Film Corporation

22

(“Fox”) is a Delaware corporation with its principal place of business in Los Angeles,

23

California.

24

5.

Counterclaim-Defendant Warner Bros. Entertainment Inc. (“Warner

25

Bros.”) is a Delaware corporation with its principal place of business in Burbank,

26

California.

27
28

6.

VidAngel does not presently know the true names and capacities of the

Counterclaim-Defendants sued herein as DOES 1 through 100 and therefore is suing
-17-

- A.376 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 19 of 60 Page ID #:2642

1

those Counterclaim-Defendants by fictitious names pursuant to Federal Rule of Civil

2

Procedure 19. VidAngel will amend its Counterclaims to allege the true identities of

3

DOES 1 through 100 once they are ascertained. VidAngel is informed and believes

4

each of the Counterclaim-Defendants sued as DOES 1 through 100 is in some manner

5

responsible for the occurrences, injuries and other damages alleged in these

6

Counterclaims.

7
8
9
10
11

JURISDICTION AND VENUE
7.

This Court has original and exclusive jurisdiction over these Amended

Counterclaims pursuant to 28 U.S.C. §§ 1331, 1337(a), 1338, 2201 and 15 U.S.C. §§
1, 15, 26.
8.

Venue is proper in this District pursuant to 15 U.S.C. §§ 22 and 28

12

U.S.C. §§ 1391(b) and 1400(a). Many of the unlawful acts alleged herein were

13

performed and occurred in material part within this District.

14
15

SUMMARY OF COUNTERCLAIMS
9.

There exists a demand for a service which allows parents to filter motion

16

pictures and television content to eliminate objectionable material, such as violence,

17

sex and profanity. In response to that demand, Congress enacted the Family Home

18

Movie Act (“FMA”) to allow filtering without violating legitimate copyright

19

protection. Counterclaimant VidAngel founded its business on providing such

20

filtering services consistent with the FMA. Contrary to the spirit and purpose of the

21

FMA, Counterclaim-Defendants have each executed an agreement with the Directors

22

Guild of America (“DGA”) which the industry understands as prohibiting the

23

filtering of motion picture and television content except in very limited

24

circumstances. Counterclaim-Defendants, and their unnamed studio co-conspirators,

25

have relied on this agreement to justify their anticompetitive conduct designed to

26

prevent VidAngel from fulfilling its mission to filter such content. When entering

27

into this agreement with the DGA, each Counterclaim-Defendant knew that every

28

other studio (i.e., each of its competitors) would be asked to and required to sign a
-18-

- A.377 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 20 of 60 Page ID #:2643

1

similar agreement; in fact, Counterclaim-Defendants insisted that they do so to insure

2

that no entity would secure a competitive advantage. In furtherance of the

3

combination to eliminate filtering—and contrary to their own economic self-

4

interest—Counterclaim-Defendants then refused to enter into licensing agreements to

5

allow VidAngel to stream and filter content, rejected VidAngel’s offers to buy

6

enormous quantities of DVDs from Counterclaim-Defendants, and interfered with

7

YouTube and Google Play’s efforts to expand VidAngel’s platform, viability and

8

customer base. In fact, Counterclaim-Defendants and their unnamed co-conspirators

9

have deliberately and repeatedly thwarted the efforts of VidAngel, and other filtering

10

services, at every turn. In so doing, Counterclaim-Defendants have frustrated the will

11

of Congress, effectively eviscerated the ability of parents to shield their children from

12

objectionable material, and seriously diminished VidAngel’s ability to function in the

13

market. Moreover, having forced VidAngel to an awkward and cumbersome method

14

of operation, as described more fully herein, Counterclaim-Defendants have now

15

conjured up a copyright infringement claim against VidAngel. These Amended

16

Counterclaims, based on the Sherman and Clayton Antitrust Acts, seek damages for,

17

and injunctive relief against, the unlawful collusive acts described herein.

18

FACTUAL ALLEGATIONS

19

The Family Movie Act of 2005

20

10.

Many parents struggle to find ways to shield their children and others

21

within their homes from viewing or listening to violence, sex, profanity and other

22

content they find objectionable in television programs and motion pictures. There is

23

great demand for services that allow them to filter out these objectionable elements.

24

A recent survey conducted for VidAngel found that approximately 47% of parents

25

want online filtering services. Unsurprisingly, many are not sufficiently technology-

26

savvy to filter content on their own; instead, they must and do rely on third-party

27

services, including but not limited to VidAngel.

28

11.

- A.378 -

In response to the demand from parents and other consumers to control
-19AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

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1

the content they view in the privacy of their homes, Congress enacted the Family

2

Home Movie Act of 2005. The FMA, codified at 17 U.S.C. § 110(11), specifically

3

provides that it is not a violation of copyright to create or provide a “computer

4

program or other technology that enables” filtering “by or at the direction of a

5

member of a private household, of limited portions of audio or video content of a

6

motion picture, during a performance in or transmitted to that household for private

7

home viewing, from an authorized copy of the motion picture.” As used in the FMA,

8

“motion picture” is defined to include television programs. The FMA immunized

9

from copyright infringement and expressly authorizes: (1) a third party to create a

10

computer program or other technology; (2) that enables a member of a private

11

household to make imperceptible limited portions of an authorized copy of a motion

12

picture’s audio or video content; (3) to transmit that technology or computer program

13

to a household at the direction of a member of a private household; and (4) if no fixed

14

copy of the altered version is created.

15
16
17
18
19
20
21
22
23
24
25

12.

The legislative history of the FMA describes the origin of the FMA as

follows:
The Committee strongly believes that, subject to certain conditions,
copyright and trademark law should not be used to limit a parent’s right
to control what their children watch in the privacy of their own home. A
dispute involving this issue is currently being heard in the U.S. District
Court for the District of Colorado [Huntsman v. Soderbergh, No. Civ.
A02CV01662RPMMJW (D. Colo.)]. Testimony provided by the
Register [of Copyright] on June 17, 2004, makes clear that some parties
to the suit should not face liability for their current actions, while others
appear to be in violation of existing copyright law. The “Family Movie
Act” clarifies the liability, if any, for the companies that are a party to
this case and to other companies not a party to this case that may be
interested in providing such services in the future.
H.R. Rep. 109-33 at 5.
13.

The FMA does not dictate what type of content families may make

26

imperceptible. The FMA was “drafted in a content-neutral manner so that its

27

operation and impact do not depend upon whether the content . . . made imperceptible

28

contains items that are often viewed as offensive, such as profanity, violence, or
-20-

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1

sexual acts. . . .The goal of the legislation [is] to give the viewer the ability to make

2

imperceptible limited portions of [a] work that he or she chooses not to see for

3

themselves or their family, whether or not the skipped content is viewed as

4

objectionable by most, many, few, or even one viewer.” Id. at 224.

5

14.

The Director’s Guild of America is an entertainment guild of some

6

16,000 motion picture and television directors and members of directorial teams in

7

the United States. The Motion Picture Association of America (“MPAA”) is a trade

8

organization that represents the major studios and “serves as the voice and advocate

9

of the American motion picture, home video and television industries.” Each

10

Counterclaim-Defendant, or its parent, is a member of the MPAA. Both the DGA

11

and MPAA vigorously opposed the FMA. Id. at 69.

12

15.

In drafting the FMA, Congress specifically considered whether the

13

public would benefit from having for-profit companies offer such filtering services.

14

Following subcommittee hearings, the House Copyright Committee (the

15

“Committee”) concluded that:

16

18

The for-profit nature of the entities providing services to the public that
the legislation addresses has no bearing on the operation of the immunity
from liability. The Committee is unable to discern a credible basis for
creating a distinction between the for-profit or non-profit nature of
companies that offer services covered by the Act.

19

Id. at 225. Thus, Congress understood that the content filtering permitted by the

20

FMA would likely be provided by for-profit companies.

17

21

16.

Likewise, federal courts have recognized that the FMA protects filtering

22

services from the studios’ infringement claims: “the effect of the Family Movie Act is

23

that Congress made a policy decision that those who provide the technology to enable

24

viewers to edit films for their private viewing should not be liable to the copyright

25

owners for infringing their copyright. . . .” Huntsman v. Soderbergh, No. Civ.

26

A02CV01662RPMMJW, 2005 WL 1993421 (D. Colo. 2005).

27

17.

VidAngel’s Counterclaims are brought to give the FMA efficacy and

28

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1

defeat the collaborative efforts of the studios, and particularly the anticompetitive

2

actions taken by Counterclaim-Defendants and the DGA to prevent filtering and

3

thereby circumvent Congress’ intent and neuter the FMA.

4
5

The Studios’ Hostility Toward Filtering
18.

Unfortunately, due to the hostility of the major motion picture studios,

6

the commercial market for online filtering services has been slow to develop.

7

VidAngel is one of few companies that enable consumers to filter out violence,

8

profanity, nudity, sexual acts and other content in motion pictures and television

9

programs. In fact, VidAngel allows consumers to choose to filter any combination of

10

over 80 categories of content. All of the market participants, including VidAngel,

11

have had their growth stunted by the studios, including the Counterclaim-Defendants.

12

As a result, many – if not most – consumers have been unable to realize the promise

13

and benefits of the FMA.

14

19.

But for the conduct described herein, there would be a vibrant “filtering”

15

industry with numerous for-profit entities competing with VidAngel and others.

16

Counterclaim-Defendants, the DGA and/or the other major studios have sued nearly

17

every filtering company over the years. Nearly all of the targeted companies, which

18

operated with business models different than VidAngel’s, have since ceased

19

operations.

20

20.

The major motion picture studios, and the directors they employ,

21

historically have been hostile to any alterations made to a director’s final cut. They

22

have long argued that a director’s “moral right” should prohibit any alterations to the

23

director’s work. As members of Congress have noted in rejecting that contention,

24

such concern for artistic integrity does not extend to opportunities to sell product

25

placements in films, the use of test audiences to modify their works to make them

26

“more commercial,” and other “assaults” on artistic integrity.

27
28

21.

The studios and others opposing the FMA also argue that parents should

not allow children to watch a movie unless the parent approves the content of the
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1
2

entire movie. Congress also rejected that contention.
22.

In 2014, all major motion picture and television studios, including those

3

named as Counterclaim-Defendants herein as well as those not named, entered into a

4

written agreement with the DGA (the “DGA Agreement”). That agreement is

5

understood and implemented by the parties to prohibit the studios from entering into

6

distribution agreements that allow secondary editing or filtering of movies or

7

television programs, save for a few narrow exceptions.

8

23.

In particular, Section 7-509 of the DGA Agreement, entitled “Editing

9

Theatrical Motion Pictures,” prohibits any alteration to a motion picture, including

10

such nuances as the “placement of or changes in commercial breaks,” without the

11

involvement, consultation or final approval of the director. These provisions of the

12

DGA Agreement, standing alone, are an unreasonable restraint on trade in violation

13

of Section 1 of the Sherman Act.

14

24.

Section 7-509 of the DGA Agreement has been understood and enforced

15

by the studios as prohibiting all filtering. For example, when VidAngel approached

16

the studios to obtain licensing to stream filtered movies, non-party Lionsgate

17

Entertainment, Inc., (“Lionsgate”) advised VidAngel that it could not enter into such

18

an agreement with VidAngel unless VidAngel got permission from the DGA first. In

19

2014, VidAngel approached non-party Google Inc. (“Google”) to discuss the

20

possibility of streaming filtered content through Google Play. As detailed below, the

21

negotiations ended when Mark Fleming, a Google representative, informed VidAngel

22

on December 14, 2015 that Google was concerned a “blocker” to the deal was that

23

the “directors won’t let this happen” and that even if the studios were interested,

24

“their existing deals with the production companies/directors/etc. may not allow for it

25

. . . and therefore those [contracts] will need to get renegotiated first. . .” Conversely,

26

a local distributor in Utah, who started negotiations in May 2016, agreed to a

27

licensing deal with VidAngel because it is not a signatory to the DGA Agreement and

28

can permit filtering of content.

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1

25.

Each Counterclaim-Defendant and each non-defendant studio

2

voluntarily signed the DGA Agreement knowing full well that every other studio

3

would be asked to and would sign the same agreement so that all studios agreed there

4

would be no filtering of motion pictures save for in a few narrow and well-defined

5

exceptions (i.e. in-flight entertainment). Indeed, to avoid any studio(s) getting a

6

competitive advantage, each studio sought and received DGA assurance that all

7

studios would be required to and would sign the same agreement. Accordingly, the

8

studios have each agreed with the DGA and further have agreed with every other

9

studio that each would abide by the industry agreement not to filter.

10

26.

On July 1, 2014, over 150 studios, production companies and other

11

entities, including Counterclaim-Defendants and/or their parents and subsidiaries,

12

signed the DGA Agreement.

13

27.

The studios entered the DGA Agreement as part of a concerted effort to

14

prohibit the lawful provision of online filtering services pursuant to the FMA. The

15

studios were, or should have been, aware that the DGA Agreement could and would

16

be used in an anticompetitive manner, as alleged above, to restrict or extinguish the

17

market for online filtering services within the United States and this is exactly what

18

they contemplated and have accomplished.

19

28.

Moreover, and perhaps more importantly, the studios license film

20

content only on the express written condition that the licensee not filter. In

21

furtherance of the studios’ concerted effort to prohibit lawful provision of online

22

filtering services, the studios, including Counterclaim-Defendants, have entered into

23

anticompetitive agreements with the major digital content distributors which include

24

standard terms and conditions that restrict content editing and filtering of any kind

25

without their prior written consent. At least one of those agreements, involving non-

26

parties Google and Sony Pictures Entertainment (“Sony”), included the following

27

language:

28

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1
2
3
4
5
6
7
8
9
10
11
12
13
14

CUTTING, EDITING AND INTERRUPTION. Licensee [Google]
shall not make, or authorize any others to make, any modifications,
deletions, cuts, alterations or additions in or to any Included Program
without the prior written consent of Licensor [Sony]. For the avoidance
of doubt, no panning and scanning, time compression or similar
modifications shall be permitted, provided, however, Licensee may
make reasonable adjustments to size, color, brightness, contrast, etc. of
any of the Included Programs as necessary to preserve the integrity of
the original picture of the Copy as delivered by Licensor to Licensee.
Without limiting the foregoing, Licensee shall not delete the copyright
notice or credits from the main or end title of any Included Program or
from any other materials supplied by Licensor hereunder.
No
exhibitions of any Included Program hereunder shall be interrupted for
intermission, commercials or any other similar commercial
announcements of any kind. Notwithstanding the foregoing, Licensee
shall be entitled to insert a promotional card displaying Licensee’s logo
or brand name prior to the Included Program provided that such
promotional card runs for no longer than 3 seconds.
29.

Likewise, when the studios, including Counterclaim-Defendants, sign a

deal for the rights to a specific movie title, the studios are required to include the
following language in all of their agreements. For example, in Sony’s agreement for
the movies Fury and American Hustle, the following language binds Sony:

16

[Sony] shall have the right...to make any and all changes and
modifications in the Picture; provided, [Sony] shall comply with any
contractual right of first opportunity to make such changes granted to
Director.

17

30.

15

This language (or requirements just like it) ultimately trickles down

18

through all agreements and purports to hand the authority to make any changes back

19

to the director. Indeed, all of Counterclaim-Defendants’ agreements with major

20

digital content distributors contain similar standard terms and conditions which

21

restrict content filtering of any kind without the studios’ prior consent.

22

Counterclaim-Defendants are, or should have been, aware that such agreements are

23

anticompetitive.

24

31.

To avoid any studio having a competitive advantage, it is reasonable and

25

plausible to infer that each of the studios has entered agreements with the major

26

content distributors that contain terms and conditions similar to those mentioned

27

above, extending the restrictions on editing and filtering found in the DGA

28

Agreement to the major content distributors. This network of vertical DGA-studio
-25-

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1

agreements operates to substantially restrict, if not eliminate, competition and

2

therefore violates the antitrust laws.

3

32.

During congressional deliberations over the FMA, the House Copyright

4

Committee acknowledged that it was “aware of concerns regarding the legislation’s

5

impact upon moral rights, particularly those of movie directors.” While preserving

6

the directors’ right to control the editing of content in the public sphere, the

7

Committee granted individual viewers the right to filter content for viewing within

8

the privacy of their homes, with the assistance of remote technology offered by for-

9

profit companies. It wrote:

10
11
12
13
14
15
16

The Committee had hoped to receive testimony from a representative of
the director’s community on this issue [of moral rights] at one of the
Committee hearings on the issue, but no director was willing to testify.
The Committee is aware of numerous motion pictures being edited for
screen size, content, and time purposes with or without the director’s
consent so that a motion picture can be displayed on the 48-3 aspect
ratios of standard definition televisions, on an airplane with
objectionable language removed, and on television channels in the
traditional 90 or 120 minute time slots. The Committee sees no
difference between the impact upon the moral rights of directors of such
modifications and someone wanting to prevent certain content from
being displayed on their television.

17

H.R. Rep. 109-33 at 225. Thus, Congress fairly protected the directors and studios

18

from the threat of public censorship, while simultaneously granting individuals the

19

right to customize content in a private setting.

20

33.

The Committee weighed the studios’ objection to filtering content and

21

determined that neither copyright nor trademark law should be used to limit a

22

parent’s right to control what his or her family watches in private. Accordingly, for-

23

profit companies and private individuals have the right to filter motion pictures in

24

accordance with the FMA, notwithstanding the hostility of the motion picture

25

industry to this type of alteration of their content.

26

The United States Market for Online Filtering of

27

Film and Television Content

28

34.

- A.385 -

When the FMA was enacted in 2005, physical media was king in the
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1

home entertainment world. DVDs were by far the most popular video format for

2

Americans. According to the Digital Entertainment Group (the “DEG”), in 2006

3

Americans spent $22.8 billion on DVD sales and rentals, representing 99% of home

4

entertainment spending. DEG Year-End 2006 Home Entertainment Sales Update,

5

The Digital Entm’t Grp. (Jan. 8, 2007), http://degonline.org/wp-

6

content/uploads/2014/02/f_4Q06.pdf. At that time, most households had DVD

7

players and almost every desktop or laptop computer had a DVD drive.

8

35.

Today, the home entertainment landscape is dramatically different.

9

Sales of DVDs and Blu-ray discs have steadily declined in recent years. In 2014, the

10

DEG reported that for the first time, Americans spent more on digital video providers

11

than physical discs.

12

36.

Americans are also using new methods to view video content, as

13

consumers shift from physical discs to digital content that may be viewed on a

14

number of different devices. In 2015, the Pew Research Center reported that 68% of

15

American adults owned smartphones and 45% owned tablet computers.

16

Unsurprisingly, it has become increasingly difficult to purchase laptops with DVD

17

drives, as consumers demand lightweight portable devices and as digital delivery of

18

content becomes more feasible and prevalent.

19

37.

As a result, there is a nationwide demand for online filtering services

20

that transmit filtered content over the internet, at the direction of heads of household,

21

to personal computers and other devices, including mobile applications, smart phones

22

and remote streaming devices. The market for filtered movies is, according to

23

National Research Group, 56 million people. Improvements in internet access and

24

speed have enabled viewers to unplug and rely heavily on streaming as a main source

25

of video consumption. From 2010 to 2015, the increasing prevalence of

26

smartphones, tablets and other internet-connected devices has mirrored and largely

27

been driven by the increased effectiveness and reliability of streaming video. Many

28

Americans rely upon these devices to watch their media content. Thus, the demand
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1

for movies and television programs available for online remote filtering is larger

2

today than ever.

3

38.

Counterclaim-Defendant Disney recognizes the need and demand for

4

online filtering services to control the content of what is available to children in

5

particular. Disney owns and markets a device called “Circle” which, according to its

6

website (https://meetcircle.com/circle/filter/) allows parents to set and customize

7

filters to ensure their children are not exposed to unwanted content on the internet,

8

social media or streaming television services.

9

VidAngel’s Three Early Business Models and

10

Counterclaim-Defendants’ Anticompetitive Conduct

11

39.

To address the substantial demand for online filtering, VidAngel was

12

formed in October 2013 to provide customers the ability to control the content they

13

view at home. Using innovative and proprietary software, VidAngel created a

14

catalog of videos that could be filtered by users. Once a video is selected, a user can

15

choose from over 80 categories of filters, including sex, violence and profanity, to

16

mute or skip portions of the audio or video to permit a family-friendly viewing

17

experience.

18

40.

Method 1: Traditional Streaming License. VidAngel solicited each of

19

the studios for a traditional streaming license, inducing the Counterclaim-Defendant

20

studios, but each and every studio declined. This unanimity could not exist in a

21

competitive environment and the unanimous and consistent declination to license

22

streaming content evidences and supports the inference that the studios have agreed

23

to “kill off” filtering.

24

41.

Method 2: Buying discs straight from the studios. VidAngel requested

25

to buy DVDs and Blu-rays from the studios directly, thus funneling revenue straight

26

to the studios without any profits siphoned off by an intermediate retailer, such as

27

Walmart. Further evidencing collusion and acting contrary to their best business

28

interests, each studio declined or ignored these requests.
-28-

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1

42.

Method 3: Streaming through YouTube and Chromecast. Because the

2

studios refused to grant it a traditional streaming license and would not otherwise sell

3

physical DVDs to it, VidAngel developed a website to allow customers to filter

4

movies and videos available on YouTube and the Google Play Hollywood library.3

5

In 2012, Google launched Google Play to provide movies, TV shows, music and

6

books to Google and Android users. Importantly, the movies on Google Play were

7

delivered using YouTube’s infrastructure, meaning that every movie and show

8

available on Google Play was also available for purchase and/or rent on YouTube.

9

This was important because YouTube ran in a user’s web browser using a type of

10

software (called a Javascript API) that made it possible for VidAngel to manipulate

11

the playback of ordinary (but not high-definition) video and audio on a user’s desktop

12

computer. One limitation of this method was that without the official collaboration of

13

Google, the Javascript API would not work on Google Play apps, mobile devices,

14

Roku and other mobile platforms. At that time, though, Google supported the

15

technical capabilities for VidAngel to deliver a filtered HD movie to a family’s TV.

16

43.

For some time, customers also could use VidAngel’s Chrome extension

17

(an additional piece of software that can be loaded into a user’s Google Chrome web

18

browser) and VidAngel.com to stream filtered movies that appeared on YouTube to

19

their computers. They could also use a Chromecast (a small piece of hardware that

20

plugs into newer HDTVs) to stream HD filtered movies to their HDTVs.

21

44.

From approximately November 2013 to February 3, 2014, while

22

Chromecast was undergoing its own private beta test, VidAngel was able to access

23

technical features within the Chromecast private beta that allowed VidAngel to filter

24

high-definition titles available on Google Play to a user’s HDTV. During this time,

25
26
27

3

At all relevant times, Google Play’s Hollywood library was made available on
YouTube (although Hollywood movies were only available on YouTube in standard
definition format). Google was and is the owner of YouTube.

28

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1

VidAngel reached out to Google to ask whether VidAngel could purchase

2

Chromecast devices at wholesale and then sell them to families who wanted to use

3

VidAngel’s filtering services. Google responded that it would consider a bulk

4

purchase agreement only after VidAngel successfully launched a public beta of its

5

Software Development Kit on February 3, 2014.

6

45.

Once Chromecast launched on February 3, 2014, however, VidAngel

7

discovered that Google had removed the technology that made the filtering service

8

possible on native Chromecast. Google did not notify VidAngel or publicly

9

announce the removal of its technology. As a result of these abrupt changes,

10

VidAngel no longer had any support for its high-definition product on Chromecast

11

and lost the time, resources and energy that had gone into developing VidAngel’s

12

technology for use of this platform.

13

46.

Counterclaim-Defendants, and the studios acting collectively, induced

14

and persuaded Google to terminate all technical support offered to VidAngel for its

15

Chromecast application for filtering HD content by contending that such support

16

violated the studios’ contracts with Google. Google stood to profit from VidAngel’s

17

purchase, promotion and distribution of the Chromecast device and offered no

18

justification, business or otherwise, for suddenly eliminating the technical features

19

that allowed VidAngel’s services to function with Chromecast.

20

47.

The studios also induced and persuaded other major digital content

21

distributors (e.g., Google Play, Netflix, Amazon, and Hulu) to refuse to support

22

VidAngel’s online filtering service. On or about December 5, 2013, VidAngel

23

received a notice from YouTube’s legal department averring that VidAngel was

24

breaking its terms of use because the VidAngel application was designed to “modify

25

the audio or visual components of . . . content.” YouTube took the position that

26

VidAngel’s content filtering, even as authorized by the FMA, violated YouTube’s

27

terms of use.

28

48.

- A.389 -

Shortly after VidAngel filed its original Counterclaims, Google changed
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1

its terms of use and/or protocol on YouTube to introduce more restrictive terms

2

which make YouTube less practicable and useable for filtering.

3

49.

Counterclaim-Defendants combined with one another (and others) to

4

unlawfully pressure Google to withhold its Chromecast and YouTube support

5

services from VidAngel. Counterclaim-Defendants did so, at least in part, in

6

furtherance of a conspiracy to prevent filtered streaming of their works.

7

Google Play Sought to Partner with VidAngel Then Abruptly Terminates

8

Negotiations After Interference from the Studios

9

50.

The studios again pressured Google to withdraw support of VidAngel in

10

late 2014 and early 2015. In November 2014, a Google Play representative Mark

11

Fleming (who was a customer of VidAngel and a fan of the product) reached out to

12

VidAngel and expressed interest in a partnership between Google and VidAngel to

13

allow consumers to use VidAngel’s filtering technology directly on Google Play’s4

14

various platforms. On or about December 12, 2014, VidAngel’s CEO met with Mr.

15

Fleming and other Google representatives to discuss the viability of VidAngel’s

16

filters on Google Play’s various streaming platforms. Google Play’s representatives

17

informed VidAngel that Google was interested in this partnership, but Google Play

18

was concerned that their licensing agreements with the studios prohibited secondary

19

editing of any kind, which could interfere with an otherwise positive business

20

relationship.

21

51.

Mr. Fleming and VidAngel’s CEO exchanged several emails after the

22

meeting and continued negotiations until March 2015. On December 14, 2014, Mr.

23

Fleming expressed concern in an email to VidAngel’s CEO that the studios’

24
25
26
27

4

Google Play is Google’s official store for digital content distribution. It can be
accessed through web browsers, smartphones and various other modern devices.
Google Play sells and rents movie and television content pursuant to license
agreements with the movie and television studios.

28

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1

agreements with the directors prohibited filtering, and in order to comply with the

2

terms of these agreements, Google would need to get approval from the director of

3

each and every movie VidAngel wanted to filter, or alternatively, wait until a “painful

4

cascade” of renegotiations occurred between each studio and the DGA and/or each

5

studio and each director.

6

52.

In March 2015, Mr. Fleming met with executives from non-party Sony

7

to discuss the opportunity to use VidAngel’s online filtering service on Google Play’s

8

platforms. Mr. Fleming insisted that none of the negotiations with VidAngel and

9

Sony be in writing. After meeting with Sony, Mr. Fleming informed VidAngel’s

10

CEO that Sony and the rest of the MPAA member studios refused to allow Google to

11

partner with VidAngel. After March 2015, Google Play ceased all negotiations of a

12

partnership with VidAngel.

13

53.

Google has an extensive library of movies and television shows

14

available for purchase or rent on Google Play. Google Play’s “Movies & TV”

15

website has a section dedicated to motion pictures produced by major studios. In this

16

section, it promotes, sells and rents motion pictures from Counterclaim-Defendants

17

Warner Bros., Disney and Fox, among others. Google depends on the studios to

18

supply content for this library.

19

54.

In the absence of the DGA Agreement and in a competitive market, at

20

least one or more the studios, including Counterclaim-Defendants, would agree to a

21

streaming license with VidAngel to provide filtering services because such an

22

agreement would be profitable for the studios. Nonetheless, as a result of the studios’

23

collective agreement, the market for online remote filtering has been “killed off” and

24

is virtually non-existent – despite being protected by the FMA. VidAngel is the only

25

significant company in the United States that presently provides online filtering

26

services for high-definition motion pictures and television shows over the internet,

27

whether the consumer is using a laptop, smart phone, tablet or other device capable of

28

streaming video. Counterclaim-Defendants have frustrated the will of Congress and
-32-

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1

the American people as expressed by the adoption of the FMA.

2
3

VidAngel Launches Its Current Business Model
55.

Contrary to Plaintiffs’ allegations (Complaint ¶ 47), prior to VidAngel

4

developing its current model, there was no effective way to deliver filtered content

5

pursuant to the FMA to the overwhelming majority of viewers without the

6

cooperation of Google and other content distributors. By 2014, the traditional ways

7

of filtering movies were no longer available to the overwhelming majority of

8

consumers.

9

56.

Alternatives to VidAngel’s current model are cumbersome, expensive

10

and often ineffective. ClearPlay, for example, offers a DVD filtering experience

11

which requires the purchase and installation of a $249.99 DVD-player in addition to

12

an $8/month subscription fee. Consumers must acquire a DVD on their own,

13

purchase and install the additional equipment, subscribe to the service, place the

14

physical DVD in the player, and download filters just to view a filtered title. At

15

times, differences between the content a consumer purchased (e.g., a director’s cut

16

with bonus footage additions or a separate edition of the film) and the content upon

17

which the ClearPlay filters are based cause ClearPlay’s filters to fail.

18

57.

Even VidAngel’s pioneering filtering software, which functioned on top

19

of Google Play streaming content, was fraught with problems. That software worked

20

only with standard definition content, not the popular high-definition format. More

21

importantly, as noted above, Google Play began to prevent VidAngel’s software from

22

functioning properly on the Chromecast. Because VidAngel’s software was not

23

officially supported by Google, changes to YouTube caused the filters to fail. When

24

that happened, users would see content that they did not want to see until VidAngel

25

updated its software. Those experiences damaged VidAngel’s credibility. Finally,

26

slower computers could not process both the video and the filter at the same time,

27

resulting in missed profanity or nudity filters. The end result was that – without

28

Google’s technical support and cooperation – no method enabled a consistent
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1

filtering experience for the majority of VidAngel users and no method would provide

2

a high-definition filtering experience for any VidAngel users.

3

58.

Unable to use Google Play and YouTube’s platform due to

4

Counterclaim-Defendants’ opposition to VidAngel’s online filtering service,

5

VidAngel built its current proprietary platform, and developed software and other

6

technology to enable private persons to engage lawfully in personal movie filtering as

7

contemplated and expressly authorized by the FMA. Its technology allows the

8

owners of digital video discs or Blu-ray discs (collectively referred to as “DVDs”) to

9

filter objectionable content.

10

59.

At present, VidAngel has more than 2,500 movies and television

11

episodes currently available for purchase in its library. VidAngel has lawfully

12

purchased and owns physical copies of each of these titles in DVD format before

13

selling the DVDs to VidAngel customers. VidAngel spends one-third of all capital

14

raised just to purchase those DVDs lawfully. VidAngel acquires numerous DVDs for

15

each of its titles from various public and private sellers. Plaintiffs falsely allege that

16

they receive no payment from VidAngel as a result of its service (Complaint ¶¶ 49-

17

50), Plaintiffs in truth receive the same payment for each of these first sales to

18

VidAngel as they would receive from any lawful first purchaser.

19

60.

Following its purchase from VidAngel’s suppliers, VidAngel enters each

20

DVD it has purchased into an inventory management application database and

21

assigns a unique barcode to each physical disc case. When a consumer purchases a

22

DVD, that particular DVD is held in VidAngel’s vault for the customer and VidAngel

23

records the purchase by assigning the unique barcode for the DVD to its owner. Only

24

a customer who owns a DVD in the vault may access the title for filtering. The vault

25

is locked and under 24-hour surveillance using multiple video cameras.

26
27

61.

VidAngel’s trained personnel and contractors carefully review all titles

available for resale for potentially objectionable content. VidAngel has developed

28

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1

more than 80 codes or tags for different kinds of content that a viewer might prefer

2

not to hear or see.

3

62.

Using VidAngel’s proprietary tagging application, customers are able to

4

select their own filtering options and stream content they own to their personal

5

devices. Users are shown a listing of the various types of potentially objectionable

6

content identified in the purchased work, as well as the number of occurrences of

7

each such type of content within the work. The user then selects the types of content

8

he or she wishes to have silenced or deleted. The user has access to set any

9

combination of filters in the following categories: profanity, sex/nudity/immodesty,

10

violence, drug/alcohol use, and objectionable/disturbing. The user’s unique selection

11

of filters creates a custom filter. Filters may be modified before and during the

12

viewing process and are saved to the user’s unique customer ID.

13

63.

Before watching a particular movie or television episode, a customer

14

must purchase a physical DVD containing the complete, unaltered version of the title

15

from VidAngel. Every DVD available for purchase by a customer was first lawfully

16

acquired by VidAngel as described above. VidAngel typically maintains the physical

17

DVD on behalf of the purchasers, but purchasers may request that the DVD be sent to

18

them or retrieve the DVD from VidAngel’s offices. VidAngel will not provide its

19

filtering service, however, if the DVD is not in its or the customer’s possession. That

20

requirement ensures that the one-to-one correspondence between the disc and the user

21

is maintained.

22

64.

Users are able to access the contents of their DVDs only by owning

23

them. The purchase price for each DVD is $20. To purchase a disc, users must log-

24

on to the VidAngel website. First-time users are required to provide an email address

25

to establish a unique user ID and create a password. Upon providing this

26

information, users have the ability to access the current inventory of disks available to

27

purchase.

28

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1

65.

Once a purchase transaction has occurred, the disc is removed from

2

available inventory and the title is transferred to that customer’s unique user ID.

3

After a customer purchases a physical DVD and selects his or her desired filters, the

4

user is permitted to play a filtered version of the work on one device screen at a time.

5

VidAngel filters the specific content identified by its customer to be screened as the

6

content is streamed to the customer but makes no permanent fixed copy of the work

7

as streamed. Neither VidAngel nor its users make any alteration to the underlying

8

work.

9

66.

A subscriber is able to view the stream instantaneously on any

10

VidAngel-supported device, including Roku, Apple TV, Smart TV, Amazon Fire TV,

11

Android, Chromecast, iPad/iPhone and desktop or laptop computers.

12

67.

VidAngel’s service relies on HTTP Live Streaming (“HLS”) encryption

13

to let customers enjoy video over HTTP for playback on devices running iOS,

14

including the iPhone, iPad, iPod Touch, Roku, Chromecast, and desktop and laptop

15

computers. VidAngel’s service utilizes the Advanced Encryption Standard (“AES”),

16

as well as other technologies, to seamlessly protect content from non-authorized

17

streaming, piracy, and redistribution by others, with no detectable difference to video

18

playback. VidAngel employs a one-screen policy for playback based on the user’s

19

account, IP address and other information.

20

68.

Once a user has viewed it, the user may re-sell a movie or television

21

program back to VidAngel for a partial credit of the $20 purchase price. The sell-

22

back price decreases $1 per night for standard definition (SD) purchases and $2 per

23

night for high-definition (HD) purchases. Once a user sells the movie back to

24

VidAngel, the user’s access is immediately terminated. If the user decides to sell the

25

disk back, the remaining balance is credited back to the user’s VidAngel account.

26

The credit can be used towards future purchases. For example: A $20 SD disk is

27

owned for 2 nights at $1 per night and sold back for $18 in sell-back credit. If a

28

VidAngel customer keeps a DVD for more than 20 days, he or she can now view it
-36-

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1

through the VidAngel platform in perpetuity or sell it back for $1 or $2 in credit. Or,

2

VidAngel will send the DVD to the customer upon request at any time.

3

69.

VidAngel has designed and engineered its filtering service to promote

4

compliance with copyright law and the FMA. For example, just as a physical DVD

5

could not be played simultaneously on multiple devices, VidAngel restricts a user’s

6

playback to one device at a time. VidAngel also streams a filtered work to just one of

7

a user’s registered devices at a time.

8
9

VidAngel Reached Out to Counterclaim-Defendants to Explain Its Service
70.

Before VidAngel made its new service available to the public at large,

10

VidAngel wrote to the general counsels of each of the Counterclaim-Defendants, as

11

well as other content owners, on July 23, 2015, with follow-up letters on August 21,

12

2015, introducing its business model and offering to meet with them to discuss the

13

distribution of their content for filtering under the FMA. Attached as Exhibits A and

14

B are true and correct copies of letters sent to Counterclaim-Defendants (or their

15

parents), in July and August of 2015. VidAngel had over 750 titles available when it

16

sent its letters to Counterclaim-Defendants asking for their input or offering to

17

discuss VidAngel’s business model.

18

71.

Unbeknownst to VidAngel at the time, Counterclaim-Defendant Disney

19

almost immediately accessed VidAngel’s service after receiving VidAngel’s first

20

letter. On August 6, 2015, a Disney employee signed up for a VidAngel account

21

using a non-descript Gmail account and providing payment information for the

22

Director of Antipiracy Operations at Disney. Between August 2015 and April 2016,

23

this Disney employee purchased and sold back 17 titles using VidAngel’s services.

24

Despite this apparent interest in VidAngel, Disney did not respond to VidAngel’s

25

offer to meet or discuss VidAngel’s business.

26

72.

Also in response to VidAngel’s letters and growing user base,

27

Counterclaim-Defendants, including Fox, sought guidance from the MPAA and each

28

other concerning VidAngel’s filtering services in or around July and August 2015. In
-37-

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1

fact, 59 employees of Counterclaim-Defendants, the MPAA, or other MPAA studios

2

exchanged 124 messages concerning VidAngel in August 2015 alone. During early

3

2016, Fox again discussed VidAngel’s services with the MPAA, and consulted with

4

co-Counterclaim-Defendants Disney and Warner Bros. on the issue. Although it was

5

seemingly interested and possibly concerned about VidAngel, Fox never met with

6

VidAngel to discuss VidAngel’s service or operations. In fact, although Fox and

7

Time Warner, Inc. (Warner Bros.’ parent) were the only Counterclaim-Defendants to

8

respond to VidAngel’s offer to meet, Fox failed to appear for two scheduled

9

appointments. Likewise, Time Warner cancelled a conference call at the last minute

10
11

and then failed to reschedule.
73.

Overall, Counterclaim-Defendants’ in-house counsel and outside counsel

12

discussed VidAngel over 1,300 times by email alone before finally filing suit. At no

13

point did any Counterclaim-Defendant send VidAngel a cease-and-desist letter, seek

14

an injunction or any other type of relief.

15

The Studios’ Choice to Enforce Their Anticompetitive Agreements

16

74.

Because unfiltered content falls outside the FMA, a service streaming

17

unfiltered content (i.e. Netflix) is required to negotiate and pay for a streaming

18

license with each studio. The studios generally charge $3.50 per title to allow third

19

party services to stream unfiltered content for 24 to 48 hours. After the third parties

20

add their own mark-up, consumers usually pay around $5.00 to watch new releases

21

through these streaming services.

22

75.

VidAngel has sought a streaming license from the studios, including

23

Counterclaim-Defendants. Because of the restrictive and exclusionary terms of the

24

DGA Agreement, the studios, including Counterclaim-Defendants, have refused to

25

grant VidAngel a streaming license that would permit filtering. As a result, under

26

VidAngel’s current business model, the studios profit from VidAngel’s initial

27

purchase of each DVD title, but not each time that title is re-sold and streamed to a

28

new customer. This allows VidAngel to offer consumers lower prices than unfiltered
-38-

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1
2

streaming services, typically $1.00-2.00 net cost per title.
76.

Not only are VidAngel’s prices lower, but its apps also are rated higher

3

by users than the leading distribution platforms endorsed by the studios. For

4

example, the VidAngel rating on Google Play is 4.8 stars whereas Netflix is 4.4 stars,

5

Hulu is 4.1 stars, and Disney Movies Anywhere is 3.9 stars. For all ratings on the

6

Apple App Store, VidAngel has 5 stars, Netflix has 3.5 stars, Hulu has 2 stars, and

7

Disney Movies Anywhere has 3.5 stars. On Roku, VidAngel has 4.5 stars, Netflix

8

has 3 stars, Hulu has 3.5 stars and Disney Movies Anywhere has 3.5 stars.

9

77.

About 96% of VidAngel’s purchases have come from users who chose

10

more than one filter. This filtered-only viewership adds to the studios’ bottom lines

11

because these purchases would not have occurred but for VidAngel and its filtering

12

services. Nonetheless, the studios have economic and other control motives to

13

subvert VidAngel’s business because VidAngel’s DVDs are re-sold and streamed to a

14

new customer an average of 16 times each in the first four weeks of the new release.

15

Because Counterclaim-Defendants have denied VidAngel a streaming license, they

16

do not receive a profit from each instance a title is re-sold and streamed like they

17

would from a service, such as Netflix, that has a streaming license. Although this

18

could be easily remedied by granting VidAngel a streaming license with a per use

19

charge, Counterclaim-Defendants have instead chosen to enforce their

20

anticompetitive agreements which prohibit filtering by denying VidAngel such a

21

license rather than confronting the DGA or changing the terms of their contracts with

22

the directors who produce their motion picture and television content.

23

78.

In addition to the studios’ economic and control motivations,

24

VidAngel’s success has also detracted from Counterclaim-Defendant Disney’s

25

reputation and brand as the longstanding guardian of children and family interests in

26

the industry.

27
28

79.

There are significant drawbacks to VidAngel’s current business model

because it does not have a streaming license. For example, VidAngel spends one-39-

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AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

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1

third of all capital raised on the purchase of DVDs and has high overhead costs

2

stemming from the maintenance of its secure vault. It also sustains losses when it

3

overstocks its inventory with a particular title that its customers ultimately do not

4

purchase, or is forced to send “out of stock” notices when its inventory on a

5

particularly popular title is too low. VidAngel sent over 250,000 out of stock notices

6

in August 2016 alone – meaning VidAngel turned away 250,000 potential purchases

7

it could have consummated if it had a standard streaming distribution agreement that

8

allowed for filtering. Despite its attempts to cooperate, collaborate and consult with

9

each studio, VidAngel has been forced into this inefficient business model by virtue

10

of their collective anticompetitive conduct.

11

FIRST COUNTERCLAIM FOR RELIEF

12

By VidAngel against All Counterclaim-Defendants

13

(Violation of Section 1 of the Sherman Act (15 U.S.C. § 1))

14
15

80.

contained in all preceding paragraphs.

16
17

VidAngel incorporates herein by reference each and every averment

Relevant Product/Service Market
81.

The relevant product/service market for antitrust purposes in this case is

18

the implementation of online remote filtering services for high-grossing motion

19

picture productions and high-rated television productions, including without

20

limitation, the implementation of filtering services for digital content applications

21

available on modern mobile devices, including smartphone and remote streaming

22

devices.

23

82.

There is extremely low cross-elasticity of demand and/or no reasonably

24

interchangeable substitutes for online remote filtering services. Over VidAngel’s

25

entire history, nearly 96% of VidAngel’s purchasers selected multiple filters,

26

demonstrating the fact that the version of the motion picture or television show

27

VidAngel streams is of a different character than the version available through other

28

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1

non-filtering streaming services like Google Play, Amazon Video, VUDU and

2

iTunes.

3
4

Relevant Geographic Market
83.

The relevant geographic market for antitrust purposes in this case is the

5

entire United States which is the area of effective competition in which the parties

6

operate and to which customers can practically turn for online remote filtering

7

services.

8
9

Antitrust Standing
84.

VidAngel has the requisite standing to assert antitrust claims against

10

these Counterclaim-Defendants because VidAngel is a participant and competitor in

11

the relevant market and has suffered injury by reason of the unreasonable restraints

12

and concerted exclusionary conduct of the Counterclaim-Defendants.

13

Contracts and Combination to Unreasonably Restrain Competition

14

85.

Even without consideration or aggregation of their unnamed co-

15

conspirators, Counterclaim-Defendants represent nearly 57% percent of motion

16

picture revenue, and over a period of many decades, have established collective and

17

total control over motion picture, film and television productions in the U.S. – the

18

raw material needed to effectively compete in the relevant online remote filtering

19

services market. To date in 2016, each Counterclaim-Defendant enjoys the following

20

market shares based on overall gross revenue in the motion picture industry: Fox,

21

14.1%; Warner Bros., 16.5%; and Disney (through its subsidiary Buena Vista),

22

26.2%. The production and distribution of all motion pictures accounts for

23

approximately $11.5 billion dollars annually. Accordingly, Counterclaim-Defendants

24

collectively have market power because of their ability to exclude competition and/or

25

control prices or output in the filtering services market.

26

86.

Counterclaim-Defendants also have significant television-related

27

ventures. Warner Bros.’s television outlets produced more than 70 series in the 2015-

28

2016 season and comprise the largest television production company measured by
-41-

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AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

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1

revenue and library. Disney’s television portfolio includes the Disney Channel, ABC

2

Television Network, 50% ownership of A&E Network, and an 80% stake in ESPN.

3

Disney and Fox, among others, are co-owners of the streaming television service

4

Hulu. In addition to Hulu, Fox’s television ventures also include FOX News, Fox

5

Sports Networks, FOX Sports, FX, and National Geographic.

6

87.

As evidenced above, the motion picture and television production and

7

distribution markets are controlled by an oligopoly of entrenched and vertically-

8

integrated enterprises. As a result, there are high barriers to entry, including capital

9

and access to talent, which limit access to potential new entrants. Further,

10

Counterclaim-Defendants’ restrictions, threats and arrangements have created a

11

barrier that precludes effective entry by other competitors. As a result, the quality

12

and variety of offerings in the online remote filtering market have been reduced and

13

constrained.

14

88.

As set forth above, Counterclaim-Defendants and their unnamed co-

15

conspirators entered into one or more agreements that unreasonably restrained

16

interstate trade in violation of Section 1 of the Sherman Act and Section 4 of the

17

Clayton Act, 15 U.S.C. §§ 1, 15.

18

89.

Counterclaim-Defendants voluntarily entered into a written contract with

19

the DGA on July 1, 2014, as described above, in which they agreed to prohibit

20

secondary editing or filtering of motion pictures or television programs and which

21

prohibits Counterclaim-Defendants from entering into distribution agreements that

22

permit such filtering. These agreements impose vertical non-price restraints on

23

distributors, exhibitors, and other companies in the market for online remotefiltering

24

services of motion pictures and television shows and amount to a group boycott or

25

other concerted refusal to deal with VidAngel in violation of the antitrust laws.

26

90.

Counterclaim-Defendants have entered into licensing agreements with

27

Google Play and other digital content distributors. In furtherance of their

28

combination to restrain the market for online filtering services, Counterclaim-42-

- A.401 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

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1

Defendants have inserted provisions into those license agreements which prohibit

2

these distributors from implementing filtering services for digital content applications

3

available on modern mobile devices, including smartphones and remote streaming

4

devices.

5

91.

In furtherance of their combination to restrain the market for online

6

filtering services, Counterclaim-Defendants placed pressure on Google Play to not

7

enter into a partnership with VidAngel and to deny VidAngel access to Google Play’s

8

services. Counterclaim-Defendants orchestrated this boycott of VidAngel to further

9

their own commercial profit, artificially raise prices, reduce output and force

10
11

VidAngel out of business.
92.

The actions complained of herein will continue to restrain and adversely

12

affect interstate commerce in that provision of filtering services crosses state lines.

13

Each Counterclaim-Defendant and VidAngel purchase a substantial volume of goods,

14

services, and supplies in interstate commerce which are, or are threatened to be,

15

adversely affected by the unlawful conduct alleged herein.

16
17

Antitrust Injury and Damage to VidAngel
93.

The anticompetitive scheme and plan of the Counterclaim-Defendants to

18

unreasonably restrain trade in the above-described trade and commerce has been done

19

with the intent to specifically eliminate online filtering of motion picture and

20

television productions as a viable industry.

21

94.

A copyright holder enjoys a “distribution right” and may initially sell, or

22

not sell, copies of a copyrighted work to others on such terms as he or she sees fit.

23

However, the copyright holder’s distribution right is limited to the first sale of the

24

copyrighted item. Under the “first sale” doctrine, codified at 17 U.S.C. § 109(a), “the

25

distribution right may be exercised solely with respect to the initial disposition of

26

copies of a work, not to prevent or restrict the resale or other further transfer of

27

possession of such copies.”

28

95.

- A.402 -

Counterclaim-Defendants’ right to control distribution of a copy of a
-43AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

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1

copyrighted movie release ends once the copy has been sold. The distribution right

2

may not lawfully be exercised after the initial sale, “to prevent or restrict the resale or

3

further transfer of possession of such copies.”

4

96.

Counterclaim-Defendants’ attempts to prevent and restrict VidAngel

5

from offering its buy-sell-back service to customers constitute an attempt to

6

unlawfully restrict the resale of goods. Any such attempt is an illegal restraint of

7

trade.

8
9

97.

Counterclaim-Defendants’ collusive conduct and unlawful contracts

have produced antitrust injury, and unless enjoined by this Court, will continue to

10

produce at least the following actual and demonstrative anticompetitive, exclusionary

11

and injurious effects upon competition and consumers in interstate commerce:

12
13

(a)

substantially and reasonably restricted, lessened, foreclosed and eliminated;

14
15

competition and output in the relevant filtering market has been

(b)

barriers to entry into the relevant filtering market have been raised

which has prevented or delayed the entry of new filtering competitors;

16

(c)

consumer choice has been, and will continue to be, significantly

17

reduced, limited and constrained as to selection, price and quality of filtering services

18

in the United States;

19

(d)

consumer access to VidAngel’s competitive filtering services has

20

been artificially restricted and reduced and its filtering service offerings will continue

21

to be excluded from the market; and

22
23
24

(e)

the will of the people and of Congress in enacting the FMA has

been frustrated, subverted and thwarted.
98.

As a result of Counterclaim-Defendants’ concerted activity, VidAngel

25

was denied access to Google Play’s digital distribution service and therefore has

26

suffered antitrust injury. Counterclaim-Defendants’ conduct has had an

27

anticompetitive effect on the development of the market for online filtering services

28

for high-quality video content within the United States; in fact, their misconduct has
-44-

- A.403 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 46 of 60 Page ID #:2669

1
2

substantially deprived and actually threatens to effectively extinguish that market.
99.

There are no business, technological or other efficiencies that require or

3

justify Counterclaim-Defendants’ imposition of such exclusionary and

4

anticompetitive conditions and restrictions.

5

100. By reason of, and as a direct and proximate result of the violations

6

alleged herein, Counterclaimant VidAngel has suffered and may continue to suffer

7

substantial financial injury in its business and property by Counterclaim-Defendants’

8

and unnamed co-conspirators continuing violations of the antitrust laws.

9

Counterclaim-Defendants’ unlawful conduct was calculated to eliminate

10

Counterclaimant as a viable competitor in the filtering market. Due to Counterclaim-

11

Defendants’ contract and combination, VidAngel lost substantial profits and profit

12

opportunities. Counterclaim-Defendants’ coordinated and focused anticompetitive

13

conduct has cumulatively, incrementally, and unreasonably restricted competition and

14

devastated VidAngel’s business. As a result, VidAngel has been deprived of

15

revenues and profits they would have otherwise made, suffered diminished market

16

growth and sustained a loss of goodwill and going concern value. Counterclaim-

17

Defendants’ conduct has decreased VidAngel’s business volume and substantially

18

diminished its business value.

19
20

101. VidAngel does not yet know the precise extent of its past damages and
when ascertained will ask leave of this Court to insert said sum herein.

21

SECOND COUNTERCLAIM FOR RELIEF

22

By VidAngel against All Counterclaim-Defendants

23

(Intentional Interference with

24

Prospective Economic Advantage)

25

102. VidAngel incorporates herein by reference each and every averment

26
27
28

contained in all preceding paragraphs.
103. This Court has jurisdiction over this Second Counterclaim for Relief
based on the doctrine of supplemental jurisdiction (28 U.S.C. § 1367) because this
-45-

- A.404 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 47 of 60 Page ID #:2670

1

Counterclaim for Relief arises from the same transactions and from a common

2

nucleus of operative facts as alleged in the federal causes of action.

3

104. VidAngel has developed advantageous prospective business and

4

economic relationships with business partners to expand VidAngel’s business,

5

visibility and availability to consumers, and which promise a continuing probability

6

of future economic benefit to VidAngel. Counterclaim-Defendants knew, or

7

reasonably should have known, of the existence of those prospective economic

8

advantages.

9

105. Counterclaim-Defendants, with the intent of disrupting and destroying

10

VidAngel’s business relationships, have deliberately undertaken the illegal practices

11

described herein thereby inducing VidAngel’s actual and prospective partners, such

12

as YouTube and Google Play, not to enter into such prospective contractual

13

relationships with VidAngel. As such Counterclaim-Defendants’ conduct was

14

wrongful.

15

106. By means of the alleged actions, including but not limited to the unfair,

16

anticompetitive and/or predatory acts set herein, Counterclaim-Defendants intended

17

to pressure and induce these customers to end or disrupt their prospective economic

18

relationships with VidAngel. As a direct and proximate result of Counterclaim-

19

Defendants’ actions as alleged herein, many of the economic benefits from

20

Counterclaimant’s prospective customers have been lost. Counterclaim-Defendants

21

knew these disruptions or interferences were substantially certain to occur as a result

22

of their conduct.

23

107. Counterclaim-Defendants’ conduct was a substantial factor in causing

24

financial injury to VidAngel and has rendered it more difficult for VidAngel to

25

remain and survive as a viable competitor. VidAngel has sustained and will continue

26

to sustain damages, the exact amount of which is extremely difficult to calculate, and

27

presently unknown, but which will be proven at trial.

28

108. Counterclaim-Defendants’ wrongful conduct in interfering with such
-46-

- A.405 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 48 of 60 Page ID #:2671

1

prospective business contractual relations is intentional, malicious and without

2

justification and such conduct and overall scheme was undertaken solely to hinder, if

3

not eliminate, competition. Their anticompetitive conduct was not privileged or

4

excused and was without any legitimate business justification. Counterclaim-

5

Defendants have knowingly engaged in such wrongful conduct for the purpose of

6

excluding competition, damaging VidAngel’s goodwill, and to deprive consumers of

7

the benefits of free and open competition. Counterclaim-Defendants committed each

8

of the foregoing acts willfully, fraudulently, oppressively, maliciously and with the

9

wrongful intention of injuring VidAngel’s prospective business relationships.

10

Accordingly, VidAngel is entitled to punitive and exemplary damages sufficient to

11

serve as an example and to punish Counterclaim-Defendants.

12

109. As a result of the foregoing acts, VidAngel has suffered, and will

13

continue to suffer, irreparable injury for which there is no adequate remedy at law

14

unless Counterclaim-Defendants are enjoined by this Court.

15

THIRD COUNTERCLAIM FOR RELIEF

16

By VidAngel against All Counterclaim-Defendants

17

(Unfair Competition in Violation of

18

Cal. Bus. & Prof. Code §§ 17200 et seq.)

19

110. VidAngel incorporates herein by reference each and every averment

20
21

contained in all preceding paragraphs.
111. This Court has jurisdiction over this Third Counterclaim for Relief based

22

on the doctrine of supplemental jurisdiction (28 U.S.C. § 1367) because this

23

Counterclaim for Relief arises from the same transactions and from a common

24

nucleus of operative facts as alleged in the federal causes of action.

25

112. Section 17200 et seq. of the California Business & Professions Code is

26

written in the disjunctive and broadly covers three varieties of unfair competition –

27

acts that are unlawful, or unfair, or fraudulent. The statute’s intent and purpose is to

28

protect both consumers and competitors by promoting fair competition in commercial
-47-

- A.406 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 49 of 60 Page ID #:2672

1
2
3

markets for goods and services.
113. Counterclaimant VidAngel is a “person” within the meaning of
California Business & Professions Code § 17201.

4

114. As alleged herein, Counterclaim-Defendants’ conduct constitutes

5

“unfair” business practices. A practice may be deemed unfair even if not specifically

6

proscribed by some other law although here the conduct violates both the FMA and

7

the Sherman Act. Conduct that significantly threatens or harms competition, or

8

threatens an incipient violation of an antitrust law, may be deemed to be “unfair.”

9

115. As alleged herein, Counterclaim-Defendants’ anticompetitive conduct is

10

also “unlawful.” Within the meaning of § 17200, virtually any violation of any civil

11

or criminal federal, state or municipal, statutory, regulatory, court-made, or local law

12

can serve as a predicate for an “unlawful” claim.

13

116. By reason of, and as a direct and proximate result of Counterclaim-

14

Defendants’ unfair and unlawful practices and conduct, Counterclaimant VidAngel

15

has suffered and will continue to suffer, economic injury to its business and property.

16

117. Counterclaim-Defendants’ unfair and unlawful conduct has caused

17

economic harm to Counterclaimant VidAngel, competition and consumers.

18

118. Pursuant to Section 17203, the entry of permanent and mandatory

19

injunctive relief against Counterclaim-Defendants is necessary to enjoin the ongoing

20

wrongful business conduct. An injunction is needed to enable and restore

21

competition in the online filtering market.

22

FOURTH COUNTERCLAIM FOR RELIEF

23

By VidAngel against All Counterclaim-Defendants

24

(Declaratory Relief Regarding VidAngel’s Current System)

25

119. VidAngel incorporates herein by reference each and every averment

26
27
28

contained in all preceding paragraphs.
120. An actual controversy has arisen and now exists between VidAngel and
Counterclaim-Defendants concerning whether VidAngel’s current system violates
-48-

- A.407 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 50 of 60 Page ID #:2673

1
2

copyright law. VidAngel’s system is designed and operates as follows:
(a)

3
4

VidAngel lawfully purchases Blu-rays and DVDs (both referred to as
“DVD” in this prayer);

(b)

VidAngel uses a commercially available software program to

5

automatically allow read-access for the purpose of mounting the DVD

6

files for uploading onto a computer, in the process removing restrictions

7

on DVD encryption;

8

(c)

9
10

VidAngel extracts the subtitle/caption data files and then creates
Matroska files of the feature films;

(d)

VidAngel uploads the subtitle/caption data files and Matroska files

11

(collectively known as the “pre-filter files” or “PF” files) onto a secure

12

folder on a third-party Internet service provider’s cloud storage service

13

(“CSS”) and uploads the subtitle/caption into a separate CSS folder;

14

(e)

VidAngel destroys the Matroska files;

15

(f)

VidAngel boots an encoding and segmenting server (“ESS”) to run two

16
17

scripts, including an encoding script and a segmenting script.
(g)

The encoding script temporarily copies the PF files from the CSS to the

18

ESS, uses ffmpeg to prepare the PF files for tagging and filtering, creates

19

a single mp4 file (640 kilobytes per second bitrate) for tagging (when

20

that is not performed beforehand on YouTube or when corrections need

21

to be made to the tags), copies the mp4 file from the ESS to a secure

22

CSS location, creates four Transport Stream files (“TS files”) at 640,

23

1200, 2040 and 4080 bitrates for filtering, copies the TS files to a secure

24

location on the CSS, and deletes all copies and files on the ESS, and is

25

run once for each title’s Matroska file;

26

(h)

The segmenting script temporarily copies the TS files from the CSS to

27

the ESS, segments the TS files for adaptive bitrate streaming (the HLS

28

specification) based on both 9-10 second intervals and the locations of
-49-

- A.408 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 51 of 60 Page ID #:2674

1

each tag for the title (which could be as short as 2 tenths of a second),

2

creates thumbnail files for player scrubbing preview for each non-

3

filterable segment, saves a comma-separated values (CSV) file

4

containing the results of the segmenting process for each segment,

5

uploads the CSV file for use by the filtering system, encrypts each

6

segment of each bitrate with a new and unique encryption key, copies

7

the unencrypted segments from the ESS to a secure location on the CSS,

8

copies the encrypted segments from the ESS onto a publicly accessible

9

location on the CSS, copies the encryption keys from the ESS to a secure

10

location on the CSS, deletes older revision files on the CSS, and deletes

11

all copies and files on the ESS;

12

(i)

VidAngel lawfully purchases additional DVDs;

13

(j)

VidAngel enters the information concerning the additional DVDs into an

14

inventory system;

15

(k)

VidAngel applies bar codes to the DVD packages;

16

(l)

VidAngel sells specific, individual DVDs to specific customers;

17

(m)

VidAngel requires each customer to select one or more filters; and

18

(n)

VidAngel streams content from the DVD to each purchaser while

19
20

applying the filters chosen by that customer.
121. Counterclaim-Defendants contend that VidAngel’s operating system as

21

described in the preceding paragraph infringes their exclusive rights to copy and

22

make public performances of their copyrighted works in violation of 17 U.S.C. § 101

23

et seq., whereas VidAngel contends that this system is fully consistent with the FMA

24

and otherwise complies with copyright law.

25

122. VidAngel desires a judicial determination of the legality of its current

26

operating system, and the respective rights and duties of the parties. A judicial

27

declaration is necessary and appropriate so that VidAngel and Counterclaim-

28

Defendants may ascertain their rights and duties under copyright law.
-50-

- A.409 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 52 of 60 Page ID #:2675

1

123. VidAngel desires a judicial determination of the legality of its buy-sell-

2

back provision, and the respective rights and duties of the parties. A judicial

3

declaration is necessary and appropriate so that VidAngel and Counterclaim-

4

Defendants may ascertain their rights and duties under copyright, antitrust and unfair

5

competition law.

6

FIFTH COUNTERCLAIM FOR RELIEF

7

By VidAngel against All Counterclaim-Defendants

8

(Declaratory Relief Regarding Decryption of DVD Format

9

for the Purpose of Filtering Under the FMA)

10

124. VidAngel incorporates herein by reference each and every averment

11

contained in all preceding paragraphs.

12

125. An actual controversy has arisen and now exists between VidAngel and

13

Counterclaim-Defendants concerning whether the creation of a decrypted version of

14

lawfully purchased DVDs for the purpose of filtering pursuant to the FMA violates

15

copyright law. Counterclaim-Defendants contend that the mere act of creating a

16

decrypted version of a lawfully purchased DVD of their title violates Section

17

1201(a)(1)(A) of the Digital Millennium Copyright Act and infringes their

18

reproduction rights in violation of 17 U.S.C. §§ 1201, et seq. VidAngel contends that

19

the making of a decrypted copy as the necessary first step in making a lawfully

20

purchased DVD capable of being filtered is fully consistent with the FMA and

21

otherwise complies with all copyright laws.

22

126. VidAngel desires a judicial determination of the legality of decrypting

23

DVDs for the sole purpose of converting them into a format capable of being filtered

24

to streaming devices pursuant to the FMA, and the respective rights and duties of the

25

parties with respect to this practice. A judicial declaration is necessary and

26

appropriate so that VidAngel and Counterclaim-Defendants may ascertain their rights

27

and duties under copyright law.

28

- A.410 -

-51AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 53 of 60 Page ID #:2676

1

SIXTH COUNTERCLAIM FOR RELIEF

2

By VidAngel against All Counterclaim-Defendants

3

(Declaratory Relief Regarding Remote Streaming of

4

Filtering Technology Under the FMA)

5

127. VidAngel incorporates herein by reference each and every averment

6
7

contained in all preceding paragraphs.
128. An actual controversy has arisen and now exists between VidAngel and

8

Counterclaim-Defendants concerning whether the practice of remotely streaming a

9

filtering technology to users is permissible under the FMA. Counterclaim-

10

Defendants contend that such a practice infringes their exclusive right to publicly

11

perform their copyrighted works in violation of 17 U.S.C. § 101 et seq. VidAngel

12

contends that such a practice is fully consistent with the FMA and otherwise complies

13

with copyright law.

14

129. VidAngel contends that the plain language of the FMA endorses the use

15

of remote streaming of filtering technology. The FMA provides that it is not a

16

violation of copyright for a third party, operating at the direction of a member of a

17

private household, to make limited portions of audio or video content imperceptible

18

“during a performance . . . transmitted to that household for private home viewing . .

19

. .” 17 U.S.C. § 110(11) (emphasis added). Such a transmission is clearly broad

20

enough to include remote streaming; indeed, the Copyright Act states that “[t]o

21

transmit a performance or display is to communicate it by any device or process

22

whereby images or sounds are received beyond the place from which they are sent.”

23

17 U.S.C. § 101 (emphasis added). The legislative history also makes clear that

24

remote streaming of filtering technology is authorized by the FMA:

25
26
27
28

The bill as proposed in the Senate makes clear that, under certain
conditions, “making imperceptible” of limited portions of audio or
video content of a motion picture-that is, skipping and muting limited
portions of movies without adding any content-as well as the creation
or provision of a computer program or other technology that enables
-52-

- A.411 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 54 of 60 Page ID #:2677

3

such making imperceptible, does not violate existing copyright or
trademark laws. That is true whether the movie is on prerecorded
media, like a DVD, or is transmitted to the home, as through pay-perview and “video-on-demand” services.

4

150 Cong. Rec. S11852-01. Additionally, VidAngel privately transmits its filtering

5

technology to an individual user in his own household consistent with established

6

copyright law. See Fox Broad. Co. v. Dish Network LLC, 2015 WL 1137593, at *13

7

(C.D. Cal. Jan. 20, 2015) (holding that transmissions to owners or valid possessors of

8

copyrighted programming are not public performances).

1
2

9

130. VidAngel desires a judicial determination of the legality of remotely

10

streaming a filtering technology to users and the respective rights and duties of the

11

parties with respect to this practice. A judicial declaration is necessary and

12

appropriate so that VidAngel and Counterclaim-Defendants may ascertain their rights

13

and duties under copyright law.

14

SEVENTH COUNTERCLAIM FOR RELIEF

15

By VidAngel against All Counterclaim-Defendants

16

(Declaratory Relief Regarding Prior Authorization Under the FMA)

17

131. VidAngel incorporates herein by reference each and every averment

18

contained in all preceding paragraphs.

19

132. An actual controversy has arisen and now exists between VidAngel and

20

Counterclaim-Defendants concerning whether the FMA requires VidAngel to obtain

21

prior authorization from Counterclaim-Defendants before streaming Counterclaim-

22

Defendants’ copyrighted works to individual users pursuant to the FMA.

23

Counterclaim-Defendants contend that without their prior authorization, the

24

streaming of filtered versions of their works infringes their exclusive rights to copy

25

and publicly perform their works in violation of 17 U.S.C. § 101 et seq., whereas

26

VidAngel contends that the FMA requires no such prior authorization.

27

133. VidAngel contends that the FMA expressly allows the filtering and

28

- A.412 -

-53AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 55 of 60 Page ID #:2678

1

streaming of third-party works at the direction of private persons without obtaining

2

authorization from the copyright holder to make limited alterations to the copyrighted

3

content. The plain language of the FMA permits a third party operating “by or at the

4

direction of a member of a private household” to filter audio or video content “from

5

an authorized copy of the motion picture . . . .” 17 U.S.C. § 110(11). Nothing in the

6

FMA requires a third party to obtain authorization from copyright holders before

7

making “limited portions of audio or video content” imperceptible for performance in

8

“private home viewing[.]” Id.; see also 150 Cong. Rec. S11852-01 (stating that

9

“skipping and muting from an unauthorized or ‘bootleg’ copy of a motion picture

10

would not be exempt.”) Consistent with the plain language of the FMA and

11

copyright law, VidAngel contends that it lawfully operates at the direction of

12

members of private households and properly purchased and owned “authorized

13

cop[ies]” of the titles at issue in DVD format before selling the DVDs to its

14

customers.

15

134. VidAngel desires a judicial determination as to whether it is required by

16

the FMA to obtain Counterclaim-Defendants’ prior authorization before providing its

17

filtering service to individuals under the FMA, and the respective rights and duties of

18

the parties with respect to this practice. A judicial declaration is necessary and

19

appropriate so that VidAngel and Counterclaim-Defendants may ascertain their rights

20

and duties under copyright law.

21

PRAYER FOR RELIEF

22

WHEREFORE, VidAngel respectfully requests that this Court award the

23
24
25
26

following relief:
1.

That the conduct alleged in the First Counterclaim for Relief herein be

adjudged to be in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
2.

That, pursuant to Section 4 of the Clayton Act (15 U.S.C. § 15),

27

VidAngel recover treble the amount of its actual damages sustained by reason of

28

those federal antitrust violations.

- A.413 -

-54AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 56 of 60 Page ID #:2679

1
2

3.

That, pursuant to Section 4 of the Clayton Act (15 U.S.C. § 15),

VidAngel be awarded a reasonable attorneys’ fee and costs of litigation.

3

4.

That, pursuant to Section 16 of the Clayton Act (15 U.S.C. § 26), the

4

Court enjoin Counterclaim-Defendants from their continuing anticompetitive and

5

wrongful conduct.

6
7

5.

adjudged to constitute intentional interference with prospective advantage.

8
9
10

That the conduct alleged in the Second Counterclaim for Relief herein be

6.

That VidAngel be awarded punitive or exemplary damages on its tort

7.

That the conduct alleged in the Third Counterclaim for Relief herein be

claim.

11

adjudged to be unfair and/or unlawful business practice in violation of § 17200 of the

12

California Business & Professions Code.

13

8.

That pursuant to § 17203 of the California Business & Professions Code,

14

the unfair and/or unlawful business practices of Counterclaim-Defendants be

15

permanently enjoined.

16
17
18
19
20

9.

Procedure, VidAngel be awarded reasonable attorneys’ fees.
10.

Pursuant to 28 U.S.C. § 2201, a declaration that VidAngel’s current

system does not violate copyright law, to the extent it operates as follows:
(a)

21
22

That pursuant to Section 1021.5 of the California Code of Civil

VidAngel lawfully purchases Blu-rays and DVDs (both referred to as
“DVD” in this prayer);

(b)

VidAngel uses a commercially available software program to

23

automatically allow read-access for the purpose of mounting the DVD

24

files for uploading onto a computer, in the process removing restrictions

25

on DVD encryption;

26

(c)

27
28

VidAngel extracts the subtitle/caption data files and then creates
Matroska files of the feature films;

(d)

- A.414 -

VidAngel uploads the subtitle/caption data files and Matroska files
-55AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 57 of 60 Page ID #:2680

1

(collectively known as the “pre-filter files” or “PF” files) onto a secure

2

folder on a third-party Internet service provider’s cloud storage service

3

(“CSS”) and uploads the subtitle/caption into a separate CSS folder;

4

(e)

VidAngel destroys the Matroska files;

5

(f)

VidAngel boots an encoding and segmenting server (“ESS”) to run two

6
7

scripts, including an encoding script and a segmenting script.
(g)

The encoding script temporarily copies the PF files from the CSS to the

8

ESS, uses ffmpeg to prepare the PF files for tagging and filtering, creates

9

a single mp4 file (640 kilobytes per second bitrate) for tagging (when

10

that is not performed beforehand on YouTube or when corrections need

11

to be made to the tags), copies the mp4 file from the ESS to a secure

12

CSS location, creates four Transport Stream files (“TS files”) at 640,

13

1200, 2040 and 4080 bitrates for filtering, copies the TS files to a secure

14

location on the CSS, and deletes all copies and files on the ESS, and is

15

run once for each title’s Matroska file;

16

(h)

The segmenting script temporarily copies the TS files from the CSS to

17

the ESS, segments the TS files for adaptive bitrate streaming (the HLS

18

specification) based on both 9-10 second intervals and the locations of

19

each tag for the title (which could be as short as 2 tenths of a second),

20

creates thumbnail files for player scrubbing preview for each non-

21

filterable segment, saves a comma-separated values (CSV) file

22

containing the results of the segmenting process for each segment,

23

uploads the CSV file for use by the filtering system, encrypts each

24

segment of each bitrate with a new and unique encryption key, copies

25

the unencrypted segments from the ESS to a secure location on the CSS,

26

copies the encrypted segments from the ESS onto a publicly accessible

27

location on the CSS, copies the encryption keys from the ESS to a secure

28

location on the CSS, deletes older revision files on the CSS, and deletes
-56-

- A.415 -

AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 58 of 60 Page ID #:2681

1

all copies and files on the ESS;

2

(i)

VidAngel lawfully purchases additional DVDs;

3

(j)

VidAngel enters the information concerning the additional DVDs into an

4

inventory system;

5

(k)

VidAngel applies bar codes to the DVD packages;

6

(l)

VidAngel sells specific, individual DVDs to specific customers;

7

(m)

VidAngel requires each customer to select one or more filters; and

8

(n)

VidAngel streams content from the DVD to each purchaser while

9
10

applying the filters chosen by that customer.
11.

A declaration that the buy-sell-back provision in VidAngel’s current

11

business model complies with the FMA and does not otherwise violate copyright law,

12

and that Counterclaim-Defendants’ attempts to prevent VidAngel from offering its

13

buy-sell-back service to customers constitute an attempt to unlawfully restrict the

14

resale of goods;

15

12.

A declaration that VidAngel’s current practice of decrypting DVDs for

16

the sole purpose of converting them into a format capable of being filtered to

17

streaming devices pursuant to the FMA does not violate the Digital Millennium

18

Copyright Act and does not infringe the reproduction rights of copyright holders;

19

13.

A declaration that VidAngel’s current practice of remotely streaming its

20

filtering technology to users is permissible under the FMA and does not infringe the

21

public performance rights of copyright holders;

22

14.

A declaration that VidAngel is not required to obtain prior authorization

23

from Counterclaim-Defendants before streaming Counterclaim-Defendants’

24

copyrighted works to individual users pursuant to the FMA;

25

15.

Such further relief as this Court deems just and appropriate.

26
27
28

- A.416 -

-57AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 59 of 60 Page ID #:2682

1

DATED: September 16, 2016

2

Respectfully submitted,
BLECHER COLLINS & PEPPERMAN, P.C.

3
4

By:

/s/ Maxwell M. Blecher
Maxwell M. Blecher

5
6
7

BAKER MARQUART LLP

8
9

By:

/s/ Ryan G. Baker
Ryan G. Baker

10
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Attorneys for Defendant and Counterclaimant
VidAngel, Inc.

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- A.417 -

-58AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 77 Filed 09/16/16 Page 60 of 60 Page ID #:2683

1

DEMAND FOR JURY TRIAL

2
3

VidAngel hereby demands trial by jury pursuant to Rule 38(b) of the Federal
Rules of Civil Procedure and Civil Local Rule 38-1.

4
5

DATED: September 16, 2016

6

Respectfully submitted,
BLECHER COLLINS & PEPPERMAN, P.C.

7
8

By:

/s/ Maxwell M. Blecher
Maxwell M. Blecher

9
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BAKER MARQUART LLP

11
12

By:

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/s/ Ryan G. Baker
Ryan G. Baker

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Attorneys for Defendant and Counterclaimant
VidAngel, Inc.

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85973.3

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- A.418 -

-59AMENDED ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIMS

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 1 of 17 Page ID #:1950

EXHIBIT A

- A.419 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 2 of 17 Page ID #:1951
Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

DISNEY ENTERPRISES, INC.i
LUCASFILM LTD. LLCi
TWENTIETH CENTURY FOX FILM
CORPORATIONi AND WARNER
BROS. ENTERTAINMENT, INC.,
Plaintiffs,
Case No. CV16-04109

vs.
VIDANGEL

I

INC .

I

Defendant.
AND RELATED CROSS-ACTION.
(COMPLETE CAPTION ON THE FOLLOWING PAGE.)
C 0 N F I D E N T I A L
(PURSUANT TO PROTECTIVE ORDER, THE FOLLOWING
TRANSCRIPT HAS BEEN DESIGNATED
"HIGHLY CONFIDENTIAL")

Pursuant to Rule 30(b) (6)
VIDEOTAPED DEPOSITION OF TEDD CITTADINE
Tuesday, August 9, 2016
at 9:19 a.m.

eLitigation Services, Inc. - [e-mail]

- A.420 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 3 of 17 Page ID #:1952

Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 79
1

MR. MARQUART:

2

MR. KLAUS:

3

MR. MARQUART:

4

we•ve just trying to get his

5

understanding of the meaning of words.
MR. KLAUS:

6
7

Okay.
if he knows.

I -- sure.

I just want to be

sure we•re talking about the same time period.
THE DEPONENT:

8
9

Asking today --

And the question was how

consumers consumed or viewed digital content in

10

2005?

11

BY MR. MARQUART:

12

Q.

Yes.

13

A.

So my understanding now of -- of that

14

time period back then would be just as a -- a

15

general consumer.

16

My memory of -- of 2005, people watched

17

content on a DVD.

18

digital-distribution services that were

19

downloadable to the PC at home.

20

They were the very first

There were, you know, beginnings of

21

digital broadcast on satellite and cable

22

television, and over-the-air transmission are just

23

a -- a subset of the -- the ways people could

24

consume digital forms of -- of video.

25

Q.

Okay.

Do you have any understanding as

eLitigation Services, Inc. - els®els-team.com

- A.421 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 4 of 17 Page ID #:1953

Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 80
1

to -- we -- we talked about DVDs previously.
But is it your understanding that all

2
3

DVDs at this time, or any digital discs, they were

4

encrypted -- all that were sold were encrypted?
A.

5
6

I don't think I would be able to answer

that from my expertise now --

7

Q.

Okay.

8

A.

-- nor as a consumer back then.
I know that today we have encryption on

9
10

our physical disc product.

11

case generally, but I can't comment if that was

12

100 percent of the circumstances back in 2005.
Q.

13
14

Do you today have encryption on all of

your VOD products?

15

A.

Yes,

16

Q.

Okay.

17

I believe that was the

I believe we do.
So we talked about streaming being

one way of transmitting.
Is it possible, in your understanding,

18
19

to perform filtering of a streamed copy to a

20

household without first unlocking the encryption on

21

the copy, if you know?

22

--

MR. KLAUS:

23

I object on the grounds that's it vague

24

Wait a second.

and ambiguous.

25

You can answer based on how much you
eLitigation Services, Inc. - els®els-team.com

- A.422 -

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Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 81
1

understand.

2

THE DEPONENT:

Sure.

3

So my general knowledge

again, not as

4

a video engineer -- as a -- a business person with

5

knowledge of this, is streaming is a method -- is a

6

delivery method to get video content, again from an

7

authorized retailer, to an authorized consumer, one

8

of the technologies that our clients employ with

9

encryption on it.

10

The function of encryption is to maintain

11

the integrity and the usage rules and the

12

content-protection structure that we and our

13

clients have mutually agreed upon.

14

And to my knowledge, I don't believe that

15

that can be changed, that fundamental structure can

16

be changed if encryption is -- is resonate.

17

But I can't tell that you that for sure

18

again, because I'm not a video engineer, and I

19

don't know all of the ways that encryption can be

20

either legally or -- or illegally or not -- not

21

authorized to be removed.

22

BY MR. MARQUART:
Q.

23

24

Okay.

Do you -- let me ask you just

about a general understanding --

25

A.

Sure.

eLitigation Services, Inc. - els®els-team.com

- A.423 -

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Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 82
1
2

Q.

-- as you sit here now, of the state of

disc protection in 2005.
Generally, do you have an understanding

3
4

that DVDs that were marketed on the market were, in

5

general, encrypted?
A.

6
7

Again, I don't know if I can -- can give

a -- I'm not giving an expert opinion here.

8

Q.

Uh-huh.

9

A.

Just my general knowledge of business

10

today, and my knowledge a consumer back in -- in

11

2005, I -- I believe there was encryption on

12

physical disc products on DVDs.
I don't know if that was 100 percent of

13

.__

14

DVDs or something less than 100 percent of DVDs.

Q.

15

Okay.

All right.

So we've -- we've

16

accomplished the definition of filtering as I mean

17

it.

18

A.

Sure.

19

Q.

And to clarify,

just to be sure, by

20

"filtering," what I mean is the making

21

imperceptible of limited portions of audio or video

22

content of a motion picture.

23

A.

Uh-huh.

24

Q.

And I mean to include the bleeping,

25

removing, and cutting that you testified to.
eLitigation Services, Inc.

- A.424 -

- els®els-team.com

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 7 of 17 Page ID #:1956

Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 195
1

treating the intellectual property very

2

respectfully and very thoughtfully.
So that's our general -- our general

3
4

viewpoint.
And so we're very careful on how we

5
6

grants rights to clients; and we want to work with

7

them to make sure it's the best experience; and we

8

want to work with them to make sure it's offered in

9

a way that's good for the consumer.
And we're trying to build a business

10
11

digitally, and so that's why we have to be very

12

careful when we do that.

13

many ways that that's the future of the business.
Q.

14

Okay.

Because we believe in

And can you tell me all of your

15

actual evidence of how VidAngel is causing harm

16

with respect to this right to control your IP?
A.

17
18
~

So we have a lot of evidence on how

unauthorized services impact our business.
I know there's been, you know, several

19
20
21

pirate -- piracy that costs our business billions

22

--

large MPAA studies on unauthorized use of content,

of dollars, and that's something that we're

23

obviously very aware of.
We have not done an analysis on a

24
25

particular unauthorized service to determine, you
eLitigation Services, Inc. - [e-mail]

- A.425 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 8 of 17 Page ID #:1957

Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 196
1

know, the impact specifically of a single

2

authorized service -- at least to my knowledge

3

that we've done since

4

least my division.

since I've been here, at

5

But we can speak generally to the impact

6

of -- of -- of piracy and unauthorized services as

7

a -- as a harm and -- and a cost to our business.
Q.

8

9

Okay.

But I -- I'm asking a slightly

different question.
I wanted to know with respect to my

10

11

client, VidAngel, all of the evidence you have that

12

VidAngel has actually caused the harm of which you

13

spoke.
MR. KLAUS:

14
15

question.

16

17

He just answered the

I mean, you can answer it again.

BY MR. MARQUART:

18

19
20
21

22
23

24
25

eLitigation Services, Inc. - [e-mail]

- A.426 -

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Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)

1

2
3
4
5

6
7

8
9

10
11

Q.

12

Okay.

I think we may have been getting

13

into the second one there, but let's -- let's stick

14

with the-- "Control the IP."
And how do you -- how

15

16

how would you --

you said it's a tremendous cost.

17

How would you -- if you win this

18

litigation, how would you calculate the damages for

19

the loss of control of your IP?
MR. KLAUS:

20

So not only is that outside

21

the scope, that's a question that you had

22

specifically asked for a witness on.

23

after we objected, you withdrew the request.

24
25

And then

So it's outside the scope, and it calls
for expert-damages testimony.
eLitigation Services, Inc. - els®els-team.com

- A.427 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 10 of 17 Page ID
#:1959
Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 198
That said, if you've got a basis for

1
2

answering that, you're certainly free to answer the

3

question.
THE DEPONENT:

4

So I don't know.

We've

5

never done a specific analysis on -- on any service

6

that has been shut down, and the, you know,

7

incremental value associated with that.
I wouldn't know how to -- how to approach

8
9
10

that.
BY MR. MARQUART:
Q.

11

Okay.

Well, how does -- how does

12

piracy

13

to Fox and to Plaintiffs?
A.

14

Sure.

Sure.

I can, again, speak generally from my

15
16

how specifically does piracy cause harm

non-legal perspective.

~

But I think sort of, one, piracy

17
18

---

obviously encourages people to consume content

19

without paying for it.
I think that's a certainly a major issue

20
21

of piracy.
And we•re concerned that people will be

22
23

watching content through pirate channels or

24

unauthorized channels for low cost or no cost, and

25

we're not enjoying any of the value or benefits of

eLitigation Services,

- A.428 -

Inc.

- els®els-team.com

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 11 of 17 Page ID
#:1960
Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 199
that.
I think that's a key issue for us,
obviously.
And the MPAA has reported, you know,
large amounts of -- of money that -- that would
have been lost or that was lost because those
transactions were not paid for by consumers or paid
very little for by consumers.
I think the second thing is that piracy
undermines our ability to try and build a
legitimate marketplace.
And I think going on to the early -looking back to the early days of digital, back
when I joined in 2009, and even earlier when I
joined Fox in 2006, there were questions if we were
able to ever build a legitimate marketplace because
piracy was prevalent back then.
It's still prevalent.

And, you know, why

would we get consumers to pay for something that
they were, you know, receiving for free or low cost
illegally?
And so that was a challenge, I think
initially, in building a legitimate business
because we had to compete with free.

And it's hard

to sell anything when you're competing with -- with
eLitigation Services, Inc. - els®els-team.com

- A.429 -

Case 2:16-cv-04109-AB-PLA Document 45-1 Filed 09/12/16 Page 12 of 17 Page ID
#:1961
Highly Confidential -Pursuant to Protective Order
of Tedd Cittadine-Rule (30) (b) (6)
Page 200
1

free in the market.
I think the third thing, from a

2
3

negotiation standpoint, it really undermines our

4

ability to -- whether it's, you know, maintained

5

pricing with our clients, or to maintain content

6

protection with our clients, or usage rules with

7

our clients.
Because they often point to,

8
9

"Well,

pirate services that are unauthorized are selling

10

this for free or for a dollar, and you're making us

11

sell this for more."
Or "Pirate sites let consumers, you know,

12
13

do anything with the content, and you're saying

14

that we have a certain structure that we have to

15

abide by with the content."

~

16
17

we're trying to negotiate distribution deals with

18

our clients.

19

.....

So it makes us -- it challenges us when

something -- as players, by not having to follow

20

the rules, so why do they have to follow the rules.

Q.

21

They often points to piracy as

Okay.

And so one of the things you said

22

was that piracy harms you because people are

23

getting the content without paying for it; right?
A.

24
25

People are watching the content without

paying for it, yes.
eLitigation Services, Inc. - els®els-team.com

- A.430 -

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#:1962
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Page 240
1

would have been similar in -- in July as they were

2

in June.

3

BY MR. MARQUART:
Q.

4

5

Okay.

The third harm I have on my list

is to -- the ability to control security measures.

6

A.

Uh-huh.

7

Q.

And I -- I had also limit the ways

8

that you access content, and to ensure that you're

9

providing the necessary protections of your

10

content?

11

A.

Uh-huh.

12

Q.

Does that accurately describe that one?

13

A.

Sure.

14

Q.

Tell me all of the evidence that you have

15

that VidAngel is harming your ability to control

16

security measures for your content.
A.

17

18

I can tell you I -- I -- I don't know

VidAngel's security architecture.

19

I -- again, we don't have a relationship

20

with them on the business side, so we can't

21

evaluate their technology to determine if it's

22

secure, if it's not secure, if it's up to the

23

level -- if it is secure, if it's up to the level

24

of security that we require of our other clients.

25

So I have, you know, many questions on
eLitigation Services, Inc. - els®els-team.com

- A.431 -

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#:1963
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of Tedd Cittadine-Rule (30) (b) (6)
Page 244
1

If you have any questions

2

concerning VidAngel's technology

3

or business model, please feel

4

free to ask.

5

with VidAngel's belief that its

6

technology fully complies with

7

the Copyright Act or otherwise

8

does not adequately protect the

9

rights of copyright owners,

If you disagree

10
11

-

please let us know."
Do you see that?

12

A.

I see that.

13

Q.

So same question.
VidAngel was offering to let you take a

14
15

look at its security architecture in July of 2015?

16

A.

Un-huh.

17

Q.

Correct?

18

A.

That's correct.
MR. KLAUS:

19
20

Object to the -- object to

the form of the question.
THE DEPONENT:

21

I

I -- that -- that's

22
23

,......

what this implies at the time the letter was
written.

24

BY MR. MARQUART:

25

Q.

Do you have any evidence of Fox ever

eLitigation Services, Inc. - els®els-team.com

- A.432 -

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1

taking VidAngel up on its offer prior to filing

2

suit against VidAngel?
A.

3

I don't have knowledge what -- what other

4

divisions -- you know, the due diligence the other

5

divisions used to evaluate VidAngel.

6

Q.

Okay.

7

A.

I don't, no.

8

Q.

Okay.

9

So you don't have any knowledge?

And this harm,

the harm to control

over security measures, this harm would have

10

existed also in July of 2015 similarly to June of

11

2016; correct?
MR. KLAUS:

12
13

question,

Object to the form of the

incomplete hypothetical.
THE DEPONENT:

14

Again,

if the service

15

didn't change, then those elements would have been

16

in -- in -- in both time periods.

17

BY MR. MARQUART:

~

Q.

18

Assuming that VidAngel's business model

19

or service did not change in any material way, this

20

harm to control of security mechanics -- to control

21

over security measures

22

A.

Uh-huh.

23

Q.

-- would have existed in July of 2015 as

24

it did in June of 2016?

25

MR. KLAUS:

Can you say what you mean by

eLitigation Services,

- A.433 -

Inc.

- els®els-team.com

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#:1965
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1

"business model and service did not change"?

2

BY MR. MARQUART:
Q.

3

Assuming that VidAngel's service did not

4

change in any material way, this third harm --

5

control over security measures -- would have

6

existed in July of 2015 in a similar way that it

7

existed in June 2016?
MR. KLAUS:

8

9

question.

Object to the form of the

I still think it's vague and ambiguous.
THE DEPONENT:

10

If -- you know, when we

11

we -- we had concerns in June of 2016, if you're

12

saying the service didn't change from July of -- of

13

the previous year, we would have had those same

14

concerns again.

15

You know, there is a process by which we

16

need to do due diligence to understand what is

17

happening and to understand the complexity of

18

what's being -- being offered.

19

So I think that's the -- you're speaking

20

to the process that it -- it took us during that

21

time period to understand that.

22

BY MR. MARQUART:
Q.

23

Was there -- was there -- is there any

24

particular aspect of this harm that would have

25

increased in some way between July of 2015 and June
eLitigation Services, Inc. - els®els-team.com

- A.434 -

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#:1966
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of Tedd Cittadine-Rule (30) (b) (6)
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1

to the form of the question.

2

That's not a

hypothetical.
He testified to what the harm is.

3

It

4

doesn't become hypothetical just because your --

5

he's not putting before you a specific consumer

6

complaint.
He just described what -- he just spent,

7
8

you know, the last half hour describing what the

9

harm is.

10

BY MR. MARQUART:

~

11
12

Q.

poor customer experience at VidAngel of any kind?
Any specific examples; do you have any

13
14

Do you have any specific examples of a

knowledge of those?
A.

15

No, what

other than what I've seen in

16
17

---

the brief, I don't have any -- any examples of
positive or negative customer experiences with

18

VidAngel.
Q.

19

Okay.

And so you would be speculating to

20

suggest that VidAngel has actually caused any harm

21

to the quality control of Fox in the manner

22

that you just described?
MR. KLAUS:

23
24

Object to the form, and it's

argumentative.

25

THE DEPONENT:

You're asking me if I'm

eLitigation Services, Inc. - els®els-team.com

- A.435 -

Case 2:16-cv-04109-AB-PLA Document 44-4 Filed 09/12/16 Page 1 of 6 Page ID #:1859

EXHIBIT D

- A.436 -

Case 2:16-cv-04109-AB-PLA Document 44-4 Filed 09/12/16 Page 2 of 6 Page ID #:1860
ClearPiay Streaming Instructions & FAQ

9/4/2016

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Home> Ctearl'lay Streaming Instructions & FAQ

ClearPiay Streaming Instructions & EAQ

How does it work?
1. Select your favorite movies to watch from our list of streaming titles (requires
Google Chrome). You can pick from our List of Movies you wish to view.

2. Click "Watch Instantly" at the top of the movie page.

Captain America: Winter Soldier
After the everds oflha

Aveng~rs,

Captam Rogers (aka Cap1::.m

S H.I.E.L.O. helpeng lo ke~p thtl' world safe. But then; 1s a Slllisttr plot growing 1
S HI E.L D., .snd when Nick Fury is taken out, i1't up to Capt am Amenca 10 lind the trait on
and hunt down the mystenou; Wmter Sold1er before an old ~nemy get$ its hand$ on a

weapon that could k1ll m1!hons

ClearPiay In Action!

DVD

Yes

Cle:arPiay mute& aroulld 15 iMhmces of language, rnostl)· of the mdd variety. There 1s no
$$xuatity or nudity, but thi; is a grittier, more VJOlsnt f4m Ihan previou; Marvel offerings. There
arw numerous beat downs and gun battl~i, 5-0 thlnos ran y~;~1 a hUlf jtJrnpy dunng iome of the

3. You will be taken to our ClearPiay Streaming Player.

4a. Log into our online streaming player with your ClearPiay account info.

https://www.clearplay.com/t-streaming_support.aspx

- A.437 -

0_14759

1/5

Case 2:16-cv-04109-AB-PLA Document 44-4 Filed 09/12/16 Page 3 of 6 Page ID #:1861
ClearPiay Streaming Instructions & FAQ

9/4/2016

ClearPiay Member Login
Your ClearPiay Membership now Includes streaming video nlterlngl
To get started. please login to your ClearPiay account.

4b. If you aren't already a ClearPiay member, you can try it free for 30 days.

ClearPiay Free Trial
Enjoy 30 days FREE access to ClearPiay's
advanced parental control filters.

wyou love the servtce. ao nothing ana your card Ylill be blltea $7.99
each month as long as you subscribe to ClearPiay. Opt out :>nytime by calling
866-788-6992. Call before your tree trial period is over ano you won't oe cnarged

continue

5a. We stream movies from Google Play. Log into your Google Account to confirm
the rental/purchase of the movie you want to stream.

https://www.clearplay.com/t-stream i ng_support.aspx

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ClearPiay Streaming Instructions & FAQ

Log In to Google
The mov1e you are about to watch w11/ IJt?' streamed from your Gaogle Play account

wt1ere you r•ave rented or pun:.naseu tne rnov1e
Logm to tnat account to llegrn your Vlileo weam.

5b. If you have not rented/purchased the movie you will be asked to rent or buy the
movie in a new pop up window.

5c. Confirm rental or purchase terms (rentals are available within a limited timeframe
after confirmation).

https://www.clearplay.com/t-streaming_support.aspx

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ClearPiay Streaming Instructions & FAQ

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6. Change your filter settings at the bottom of the screen and enjoy the show!

Enjoy The Stream!

- Does It cost extra?
Rental and purchase fees may apply but the filtering service is included free with
your Clearplay memebership
• Do I need the wireless FilterStik to make it work?
Nope. The FilterStick is only used for our players.
-What devices can I use to watch the movie?
Currently, Mac or PC.
-Can I adjust what I want to filter out?
Of course! Before the movie starts you can adjust your filter settings below the
player window.
-Which movies can I watch?
All the movies listed on our streaming movie list. (There are a lot.)
https://www.clearplay.com/t-streaming_support.aspx

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Clear Play Streaming Instructions & FAQ

-Does this work on all streaming services?
ClearPiay Streaming works exclusively with rentals and purchases made through
Google Play.
- If I watch the movie directly on Google Play will it be filtered?
No. After renting/purchasing the movie at Google Play, begin filtered playback by
clicking the ClearPiay Streaming individual movie page.
-Can I use Google's Chromecast?
If you have a Chromecast then you can mirror your desktop or laptop to your TV by
using the Chrome Browser "cast" feature. Be aware that we have seen some
slowness with the video being playing on the TV when mirroring.
NOTE: Do not click on the "cast" icon on the ClearPiay streaming player. This will
play the movie on your TV through the Chromecast but it will not be filtered."
- Can I use Apple Air Play?
If you have an Apple TV then you can use Air Play to mirror your laptop to your TV.
This works natively for Safari on a Mac product. If you are on a windows platform
then there are several third party software's that will mirror your laptop or desktop to
your Apple TV.
- How Can I display the movie on my TV?
If you're using a laptop or desktop that has an HDMI port you can use an HOM I
cable to go from your computer to the TV. There are plenty of tutorials on the web
that will walk you through how to do that with your computer and Operating System.
If your computer does not have and HOM I cable port you can also use cables like
VGA to HDMI or DVI to HOM I, depending on how your computer is set up. You can
find them on Amazon or at any electronic store.
-Why won't the movie play after renting/purchasing it?
Be sure you're using the latest version of Google Chrome to stream it (other
browsers tend to run into caching problems). if you're experiencing problems, or
really want to try a different browser, clearing your browser's cache can help. Here's
how:
Internet Explorer
Mozilla Firefox
Google Chrome
Apple Safari
I cleared my browser's cache and I'm still getting an error message when I try
to watch my movie.
ClearPiay filtering is applied to the movie as it streams from Google Play, so if you're
running into issues your best bet is to check Google Play support documentation,

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© 2012 Cl.EARPLAY INC. CONTACT US NON-PROFIT SUPPORT FAQ BUY GIFTS HELP
ClearPlay Patents: 6.889,383. 6.698,799:7.526.784.7,543.318:7.577.970 7.975.021:8.117,282 More Pending

https://www.clearplay.com/t-streaming_support.aspx

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EXHIBIT E

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VUDU,Inc.

Terms of Service

Last update: 4/25/2016
These Terms of Service govern the use of VUDU, Inc.'s ("VUDU," "us," "we," or "our") service as
described below (the "VUDU Service"). To agree to these Terms of Service, click "I agree" [below]. If you
do not agree to these terms, do not click "I agree" and do not use the VUDU Service or our mobile
application or web site, www.vudu.com (collectively, the "Website").
Changes to Terms of Service:

VUDU reserves the right, from time to time, with or without notice to you, to change these Terms of
Service in its sole and absolute discretion. The most current version of the Terms of Service will
supersede all previous versions. The most current version ofthese Terms of Service can be accessed by
clicking on the "Terms of Service" link located at the bottom of the Website. You should periodically visit
the Terms of Service page on the Website so you are aware of the terms and conditions that apply to
your use of the VUDU Service and the Website. Your continued use of the VUDU Service and
the Website will represent your acceptance of the most current Terms of Service.
Description of VUDU Service:

The VUDU Service is provided by VUDU, Inc. The VUDU Service is an Internet-based home entertainment
service that provides access to a library of movies, images, television shows, artwork and/or other
episodic content ("Content") through your computer or mobile device, your Internet-capable television
and/or a proprietary device manufactured by VUDU or a third party who is licensed to incorporate the
VUDU Service into its device(s) (collectively, the "VUDU Devices"). Please direct all questions regarding
the VUDU Service to [e-mail].
VUDU reserves the right in its sole and absolute discretion to change how it operates the VUDU Service
and the Website. You should not consider any description of how the VUDU Service works to be a
representation or obligation with respect to how the VUDU Service will work in the future.
Activating the VUDU Service:

In order to access and use the VUDU Service, you must open an account online ("VUDU Account").
During online setup of your VUDU Account, these Terms of Service will be provided electronically. You
can access a printable/downloadable version of these Terms of Service before selecting "I Agree" by
visiting http:(/www.vudu.com/termsofservice.html.
VUDU Service Minimum Requirements:

YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, A VUDU ACCOUNT AND A DEVICE COMPATIBLE
WITH THE VUDU SERVICE TO USE THE VUDU SERVICE. You will be responsible for all costs associated

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with procuring and maintaining the Internet connectivity and device(s) necessary to access and use the
VUDU Service, including but not limited to any internet connectivity, data transmission or airtime fees
charged by internet service providers or mobile phone carriers while accessing the VUDU Service or
Content. The VUDU Service is available only, and Content can be accessed only from, within the United
States of America, including the District of Columbia and Puerto Rico.
You Can Rent or Purchase Content:

Currently, you can either "rent" or "purchase" Content through the VUDU Service. When you order
Content for rental, you will be granted a non-exclusive, non-transferable limited license to access, use in
accordance with any additional terms that may be provided with your VUDU compatible device, and
view the Content within the applicable exhibition period. When you purchase Content, you will be
granted a non-exclusive, non-transferable limited license to access, use in accordance with any
additional terms that may be provided with your VUDU compatible device, and view the Content as
often as you like subject to the applicable restrictions described below.
VUDU Credits/Promotional Codes:

From time to time, VUDU (or its partners) may offer VUDU credits or promotional codes which allow you
to rent or purchase VUDU content. Such credits or promotional codes are intended for your use only
and are not to be transferred or sold by you. VUDU reserves the right to restrict access to content
redeemable with VUDU credits or promotional codes in the event of a violation of these Terms of
Service.
Free Trial:

If you are a first-time user of the VUDU Service, you may be eligible for free VUDU movie credits to use
to experience the VUDU Service. The credits will be valid for use for up to one month, or as otherwise
specified when you sign up for your VUDU Account. To view any specific details about your VUDU movie
credits, visit the Website and click on the "Your Account." Free credits provided to first time users may
not be combined with any other offers. If you or another member of your household has opened a
VUDU Account within the last 12 months, you may not be eligible to receive free credits.
Exhibition Period:

Exhibition periods for Content will vary depending on the method of purchase or rental and the Content
being purchased or rented. When you purchase or rent Content, it is your responsibility to review any
additional terms of use provided to you. Such additional terms of use may set forth restrictions upon
your window of time to initiate viewing of content and, once initiated, the duration of time you have to
complete viewing such Content. If no additional terms concerning timing and duration of viewing the
Content are applicable to your order, then the following general terms may apply:
•

If you rent Content, you will typically have 30 days to initiate viewing. Once initiated, viewing
must typically be completed within 24 hours or before the end of the 30th day from date of
initiation, whichever occurs sooner.

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•

If you purchase Content, you may view it for as long as you (i) are capable of accessing the
VUDU Service, and (ii) maintain an active VUDU Account.

VUDU's authority to provide Content to you is subject to restrictions imposed by the movie studios and
other distributors that make Content available to VUDU ("Content Providers"). These Content Providers
may designate limited periods oftime when VUDU is prohibited from renting, selling and/or streaming
certain Content to you, including Content that you have previously purchased. You will be able to again
rent, purchase and/or view such Content at the conclusion of these restricted periods.
If you have questions concerning the availability of Content that you have ordered, please contact VUDU
at [e-mail].

Billing:
By using the VUDU Service, you are expressly agreeing that VUDU is authorized to charge you any
applicable rental, subscription or purchase fees or taxes and any other charges you may incur in
connection with your use of the VUDU Service to the payment method you provided during registration
(or to a different payment method if you change your account information). The fees and charges for
selected Content, applicable taxes and any other fees incurred will automatically be charged to your
payment method in your VUDU Account. For preorder rentals or purchases, you may be charged up to
24 hours prior to the time the Content is released and available. Fees are payable only in U.S. dollars.
VUDU may change the fees and charges in effect or add new fees and charges from time to time. There
may be a temporary disruption of your access to the VUDU Service until VUDU can verify the validity of
any new credit or debit card information. Pricing errors may occur on the Website. In the event of a
pricing error, VUDU reserves the right to restrict your access to Content, with no further obligations to
you, even after your receipt of Content or confirmation of Content availability. VUDU may, in its sole
discretion, either contact you for instructions or restrict access to Content.

Cancellation and Refunds:
You may cancel your VUDU Account at any time by following the procedures outlined at
http://www.vudu.com/faq.html. Any remaining cash balance in your VUDU Account will be refunded at
that time. Any charges and fees paid for Content are non-refundable. Any VUDU Credits you may have

accrued are non-refundable.
Content purchased on VUDU is nontransferable and will be deleted from your VUDU Device(s) and your
VUDU Account upon cancellation of your VUDU Account. Cancellation of your VUDU Account will also
terminate your access to Content that you have purchased and/or rented. Once your account has been
closed, you will not be able to re-open your VUDU Account in the future.
Additionally, in the event of a refund (which VUDU may or may not grant in its sole discretion) for any
other reason by VUDU other than termination or cancellation of your VUDU account, VUDU will
terminate your access to any Content for which a refund was provided.

Content Restrictions:

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You understand and agree that the Content is licensed by VUDU from Content Providers. Copyrights in
the Content are owned by the Content Providers and protected by the copyright laws of the United
States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no
right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or
assigned to you. You have a limited right in the Content for personal, non-commercial use only on
devices compatible with the VUDU Services. You may not edit, modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter,
adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the
generality of the foregoing, you may not (i) show any Content to any public audience or view it in a
public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion
thereof (including, without limitation, by "burning," P2P file-sharing, posting, uploading or downloading)
onto any physical medium, memory or device except as permitted herein, including without limitation,
CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now
known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate,
impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the
Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse
engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a humanreadable format. Any unauthorized copying or other activities that infringe upon the intellectual
property rights ofthe Content Providers/owners of the Content is prohibited, and you expressly agree
to the automatic termination of the VUDU Service if you engage in any infringing activities. Upon any
such termination, the Content will be deleted from your VUDU Device(s). Except as specifically granted
herein, all rights to the Content are reserved by the owner of such Content.

lnstaWatch:
You may have the opportunity to stream an electronic copy of eligible physical disc(s) purchased from
participating stores via lnstaWatch or purchased via Walmart.com. lnstaWatch requires the following: a)
a current and valid VUDU account (you may use your Wai-Mart.com credentials to register for a VUDU
account); b) proof of registration of your Wai-Mart.com or VUDU account, as instructed by Wai-Mart
upon purchase of any eligible physical disc(s); and (c) scanning your receipt containing the eligible DVD
or Blu-ray Disc purchase into the Walmart.com application via either the Savings Catcher or lnstaWatch
section of the Walmart.com application or providing your phone number at checkout when you
purchase an eligible DVD or Blu-ray Disc (if available). Additionally, certain physical discs purchased may
require you to register on a third party site or otherwise meet requirements of such third party sites
(e.g., UltravioletrM, Disney, etc.). We will not bill you for eligible digital downloads via lnstaWatch but
require you to maintain an accurate method of payment (i.e. current valid credit card) on file for other
purchases you may make and for fraud prevention purposes.
In order to make lnstaWatch available to you, we may need to request certain information from you
during check-out at participating stores or on Walmart.com. We request this information to verify your
participation in lnstaWatch and to identify eligible disc purchases. Provision of such information is not
required to complete your purchase but is necessary to allow you to redeem your electronic copy. To
have lnstaWatch available to you, you agree that Wai-Mart, its subsidiaries, affiliates, or other members

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of the Wai-Mart corporate family can share your DVD purchase information with VUDU, which is an
affiliate of Wai-Mart, and that VUDU can share your purchase information with Wai-Mart and other
Wai-Mart subsidiaries, affiliates, or other members ofthe Wai-Mart corporate family. If you purchased a
physical disc at Walmart.com, order fulfillment times to receive your electronic copy may vary. An email
will be sent to you after fulfillment of your order.
lnstaWatch Returns:

In the event you watch any portion of the electronic copy provided to you as part of lnstawatch, you will
not be permitted to return any physical discs purchased by you even if such physical disc is unopened
and in its original packaging and VUDU reserves the right to charge you a rental or ownership fee for
such electronic copy. Similarly, if you return such physical disc prior to streaming the electronic copy,
VUDU will revoke your access to such electronic copy.
Disc to Digital:

You may have the opportunity to convert your physical Blu-rayrM and DVD discs into electronic copies
that may be stored and viewed through the VUDU Service via the Disc to Digital program. The Disc to
Digital program is only available for physical Blu-rayrM and DVD titles that have been legitimately
purchased and are presently owned by you. VUDU reserves the right to refuse conversion of a title, or to
limit or cancel your access to a previously converted title, if VUDU reasonably believes the title does not
meet, or no longer meets, the purchase and ownership criteria set forth in this paragraph.
DVD and Blu-ray Purchases on VUDU:

For select titles, you may have the opportunity to purchase the digital copy and then receive a physical
disc. For HDX purchases, you would receive the Blu-ray version of the disc. For SO purchases, you would
receive the DVD version of the disc. Disc orders are fulfilled and shipped by Walmart.com. Once
confirmed, orders cannot be canceled or changed.
If you watch any portion of the electronic copy provided to you, you will not be permitted to return any
corresponding physical discs received by you even if such physical disc is unopened and in its original
packaging. If you return such physical disc prior to streaming the electronic copy, VUDU will terminate
your access to the electronic copy.

Your use of certain Content and programs through VUDU, including the Disc to Digital program, may
require you to create an account with the UltraViolet'M content management service and link it to your
VUDU Account. Please click on the following link to access more information on UltraVioletrM, including
the UltraViolet'M Terms of Use: www.uvvu.com.
Content Selection:

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We will determine the selection, availability and quality of all Content provided on the VUDU Service.
The selection, quality and availability of the Content offered can/may be unique to each VUDU Account
and VUDU-compatible device. Not all Content on the VUDU Service is available at all times to all users.
For example, Content that is available for rental may not be available for purchase and Content that is
available for purchase may not be available for rental. Not all Content is appropriate for all users. If you
are a parent, it is your responsibility to monitor the Content selections and viewing habits of your
children. You can set certain parental controls in your account profile that allow you to control the
availability of and/or access to certain Content.
Device Limits:

You may link up to eight (8) VUDU Devices to your VUDU Account in order to view Content (each, a
"Linked Device"), provided such Linked Device may only be linked to a single VUDU Account at a given
time. NOTE: Computers that stream content via the Internet are not required to be linked to your VUDU
Account and will not be considered a "Linked Device"; provided, however that any computer that is used
to download Content via the VUDU To Go service will require a link to your VUDU Account and will be
considered a "Linked Device."
VUDU Community/Your Personal Information:

VUDU offers you several ways to share your VUDU experience with others and interact with other
members of the VUDU community through the Website and/or a VUDU Device (the "VUDU
Community"). Because the features ofthe VUDU Community are always changing and improving, the
available features and information that is shared may change from time to time. These changes may
take place without notice to you and may not be described in VUDU's Terms of Service. The VUDU
Community is designed for you to share information with others.
THEREFORE, BY USING THE VUDU COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT
YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE VUDU COMMUNITY, USERS OF THE
VUDU SERVICE AND OTHER VISITORS TO THE VUDU WEBSITE. IF YOU DO NOT WANT INFORMATION
ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC
FORUM, DO NOT USE THE VUDU COMMUNITY FEATURES.
Use of the VUDU Community feature is for your personal, non-commercial use and is at your own option
and risk. VUDU Community contains several different elements (e.g. blog, forum, etc.), each with its own
degree of associated information sharing and features. These elements may change without notice to
you, and the degrees of associated information sharing and functionality may also change without
notice.
Customer Privacy:

VUDU collects and maintains personally identifiable information concerning our customers. This
information includes, but is not limited to, billing records, maintenance and repair records, marketing

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information and customer feedback. VUDU maintains a privacy policy that may be accessed through our
Website at: http://www.vudu.com/privacypolicy.html. We reserve the right to make changes to the
privacy policy at any time and for any reason. As part of the information that may be shared under the
privacy policy referenced above,
VUDU may share information with The Digital Entertainment Content Ecosystem, LLC, the provider of
the UltraViolet'M content management service, regarding your usage (including streaming and
downloading) of UltraVioletrM_compatible Content.

Your Submissions:
If you send us any submissions (e.g. e-mails, letters, postings to chat rooms, boards or contests),
feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the VUDU
Service, your VUDU Account or any social media account VUDU may maintain from time to time (e.g.,
Twitter, Facebook, etc.) (collectively, Submissions"), they will be deemed to be our property and we will
not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and
nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the provider of the
Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties
or objectionable and may not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We reserve
the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review
posted Submissions.

Your Conduct on the VUDU Website:
By accessing the VUDU Website, you agree to use the VUDU Service, features and functionalities
associated therewith, the Website and its content in accordance with all applicable laws, rules and
regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any
Submissions and/or other material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment associated with the VUDU Website. You also agree not to interfere
with the servers or networks connected to the VUDU Website or the VUDU Service or to violate any of
the procedures, policies or regulations of networks connected to the VUDU Website or VUDU Service.
You also agree not to impersonate any other person while using the VUDU Website, VUDU Community
and related features and that you will not conduct yourself in a vulgar or offensive manner while using
the VUDU Service, Website or VUDU Community.

Account Access:

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You are solely responsible for the activity on your VUDU Account, including, but not limited to, any and
all purchases made from your VUDU Account, maintaining the confidentiality of your VUDU Account
password and restricting access to your VUDU Device(s). You acknowledge and agree that you assume
full responsibility for the conduct of those to whom you disclose your account information or password.
If you use a public or shared computer or unprotected mobile device, you should always log out at the
end of each visit to the VUDU Website. As an additional security measure, the parental controls in your
account management profile allow you to restrict purchasing through your VUDU Account by requiring
that a passcode be entered prior to finalizing any purchase. If you believe that you may be victim of
identity theft involving your VUDU Account, you should notify customer service and report any
information about this instance to your card issuers and local law enforcement. VUDU reserves the right
to place any account on hold at any time with or without notification to you in order to protect itself and
its partners from what it believes to be fraudulent activity. VUDU is not obligated to credit or discount a
membership for holds placed on the account by either a representative of VUDU or by the automated
processes of VUDU.
Termination by VUDU:

We reserve the right to terminate your VUDU Account and/or your use and access to the VUDU Service
at any time with or without cause. If your VUDU Service is terminated for any reason, your credit card
will be refunded any U.S. dollar balance that remains in your VUDU Account. We have no obligation to
refund fees paid for VUDU Devices or any value, monetary or otherwise, you may have accrued as VUDU
Credits.
Operational limits/Force Majeure:

The provision of the VUDU Service is subject to the availability and the operational limitations of the
requisite equipment and associated facilities. You understand and agree that temporary interruptions of
the VUDU Service, including VUDU's ability to stream rented or purchased movies to you, may occur as
normal events in the provision of the VUDU Service and that VUDU is not liable for such interruptions.
You further understand and agree that VUDU is not liable for any failure of performance due to
any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism,
cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier
failures, shortages, breaches, any law, order, regulation, direction, action or request by any government,
civil or military authority, suspension of existing service in compliance with state and/or federal law,
rules and regulations, or delays caused by you or your equipment.
Additional Restrictions:

You agree to configure VUDU Devices only in accordance with the user manual located at
http://www.vudu.com/userguide.html. You will not, and will not allow anyone else to, open, tamper
with or reverse engineer, decompile or disassemble your VUDU Device(s) (or any software contained
within) or make any modifications, additions, attachments or alterations to the VUDU Device(s) (or any
software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any
security measures utilized as part of the VUDU Service or VUDU Device(s) (or the software contained

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within). You understand and acknowledge that the VUDU Service and VUDU Devices (or the software
contained within) incorporate and utilize propriety technologies, materials and Content ofVUDU, the
Content Providers and other third-party licensors that are protected by copyright, patent, trade secret
and other laws and that any use or disclosure of the VUDU Service, Content or VUDU Devices (or the
software within) contrary to these Terms of Service or any copying of the materials and/or Content
residing in the VUDU Devices will result in substantial damages to us or our licensors and subject you to
civil liabilities and/or criminal penalties. The software contained within VUDU Devices uses libraries from
the FFmpeg project under the LGPLv2.1. VUDU does not own FFmpeg. Information on FFmpeg and the
LGPLv2.1, including ownership and usage, can be found at http://ffmpeg.org. The restrictions on reverse
engineering set forth in these Terms of Service do not apply to FFmpeg.

Age Restrictions and Parental Control:
While VUDU does distribute Content that may be watched by children, if you are under the age of 18,
you may access and use the VUDU Service only under the supervision of a parent or legal guardian who
agrees to be bound by these Terms of Service. VUDU is relying on your representation that you are at
least 18 years of age. VUDU would not allow you to enter these Terms of Service and would not allow
you to access the VUDU Service but for your representation that you are at least 18 years of age. VUDU
does not intentionally or knowingly collect personal information about children under the age of 13. If
you are a parent or legal guardian entering into to these Terms of Service for the benefit of a child under
the age of 18, be advised that you are fully responsible for his or her use of the VUDU Service, including
all financial charges and legal liability that he or she may incur. You are responsible for the viewing
selections of your children, and VUDU shall have no liability whatsoever if your child, through mistake or
otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to
(or cannot comply with) any of these terms and conditions, do not use the VUDU Service.
The VUDU Service includes a parental control feature that lets you restrict access to certain Content
based on the rating system of the Motion Picture Association of America. You can access Parental
controls in your account profile.

Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other
content infringes upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in
writing (see 17 U.S.C. § 512(c)(3) for further details):
1.

A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;

2.

Identification of the copyrighted work claimed to have been infringed;

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3.

Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit us to locate the material;

4.

Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an e-mail address;

5.

A statement that you have a good-faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent or the law; and

6.

A statement that the information in the notification is accurate and, under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent,
VUDU, lnc.,600 West California Avenue, Sunnyvale, CA 94086; e-mail to: [e-mail]; or fax to:
[phone]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback,
comments, requests for technical support and other communications should be directed to VUDU
Customer Care at [e-mail]. You acknowledge that if you fail to comply with all of
the requirements of this Section, your DMCA notice may not be valid.
If you believe that content or a Submission of yours that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright owner or the copyright owner's
agent, or pursuant to the law, to post and use such content or Submission, you may send a counternotice containing the following information to the Copyright Agent:

1.

Your physical or electronic signature;

2.

Identification of the content that has been removed or to which access has been disabled and
the location at which the content appeared before it was removed or disabled;

3.

A statement that you have a good-faith belief that the content was removed or disabled as a
result of a mistake or a misidentification of the content; and

4.

Your name, address, telephone number and e-mail address, a statement that you consent to the
jurisdiction of the federal court in Santa Clara County, California, and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the
original complaining party informing that person that the removed content may be replaced or no
longer disabled in 10 business days.

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Unless the copyright owner files an action seeking a court order against the content provider, member
or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counternotice, at our sole discretion.
links to Third Party Websites:

The VUDU Website may contain links to third-party sites which are not under our control, and we are
not responsible for the contents of any linked site or any link contained in a linked site, or any changes
or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of
any link does not imply that we endorse or accept any responsibility for the content on such third-party
site.
Warranty Disclaimer; limitation of Damages and liability:

THE VUDU DEVICES, VUDU SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER VUDU NOR THE CONTENT
PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE VUDU DEVICES,
VUDU SERVICE OR CONTENT MADE AVAILABLE THROUGH THE VUDU SERVICE OR THAT THE VUDU
DEVICES, VUDU CONTENT OR VUDU SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND
VUDU AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE
CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE VUDU DEVICES, VUDU
SERVICE, CONTENT OR CONTENT OF THE VUDU WEB SITE OR ANY LOSSES OR DAMAGES ARISING FROM
THE USE OF THE VUDU DEVICES, VUDU SERVICE, CONTENT OR VUDU WEBSITE. YOU AGREE THAT VUDU
MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE VUDU SERVICE, VUDU
COMMUNITY AND VUDU COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE VUDU SERVICE AT
ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. VUDU'S SOLE OBLIGATION FOR ANY
MALFUNCTIONING VUDU DEVICES SHALL BE AS SET FORTH IN VUDU'S PUBLISHED LIMITED WARRANTY
AGREEMENT. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO THE
VUDU SERVICE OR VUDU DEVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, VUDU AND
THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY,
NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY
JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO
CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY VUDU OR CONTENT PROVIDERS,
SHALL VUDU, CONTENT PROVIDERS OR ANY OF THEIR OR VUDU'S DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE
(INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR
STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE
THE VUDU DEVICES OR USE OR ACCESS THE VUDU SERVICE OR CONTENT; (ii) THE TERMINATION OF THE
VUDU SERVICE; (iii) THE INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF YOUR
VUDU DEVICES, (iv) ERRORS OR OMISSIONS IN THE CONTENT; OR (v) ANY FAILURES, DELAYS OR

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INTERRUPTIONS IN THE AVAILABILITY OF THE VUDU SERVICE AND/OR WEBSITE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO
EVENT SHALL VUDU'S OR CONTENT PROVIDERS' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES
ARISING FROM THE USE OR INABILITY TO USE THE VUDU WEBSITE, VUDU SERVICE, VUDU DEVICES OR
CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY
APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE
SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS
APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.

Injunctive Relief:
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to
us, and that monetary damages will be an inadequate remedy, and you hereby agree that we shall be
entitled to seek injunctive relief.

Severability:
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable,
then that provision shall be severable from these Terms of Service and shall not affect the validity and
enforceability of any remaining provisions.

Governing Law, Determination of Disputes:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
California without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE
RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be
submitted to the Superior Court in and for the County of Santa Clara, State of California (or if the
Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court
sitting in said county and having subject matter jurisdiction) for trial and determination by the court.
Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by
mail outside the State of California pursuant to the requirements of such court in any matter so to be
submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may
enforce these Terms of Service, at law or in equity, with respect to Content or any other materials
provided by it.

Mobile Device Communications:
By creating a new account with a phone number or adding a phone number to an existing account, you
consent to receiving communications, which may include phone calls or SMS messages, from VUDU
regarding your account and VUDU offerings, . You agree that you are the primary owner of such phone
number and that the information provided is accurate. Standard message and data rates may apply.

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Messages will be sent from an automatic telephone dialing system and messages may include an
artificial or pre-recorded voice. Your agreement to receive such messages is not a condition of purchase
or required to receive services.

You may opt out of receiving SMS and telephone communications from VUDU at any time by texting the
word 'STOP' to MyVUDU (698838) and VUDU will send you a single SMS text message indicating that
you will no longer receive any SMS or telephone communication from VUDU. For additional help, you
can text 'HELP' to MyVUDU {698838) or email customer support at [e-mail]. For information
about email communications and preferences, refer to the Privacy Policy.
To opt out of communications regarding the lnstaWatch program, as well as Walmart's Savings Catcher
and e-Receipts, text the word 'STOP' to {63257) and Walmart will send you a single SMS text message
indicating you will no longer receive SMS or telephone communications regarding these programs.
Current Supported carriers include: ACS Wireless, AIO Wireless, AT&T, Bluegrass Cellular, Boost, Carolina
West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility,
Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless,
Inland Cellular, iWireless, Longlines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos,
Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile
USA, West Central Wireless and other carriers that may be added from time to time. SMS
communications may not be compatible with all handsets.
Additionally information regarding VUDU's privacy practices can be accessed at:
http://www.vudu.com/privacypolicy.html.
Indemnity:
You agree to indemnify, defend and hold VUDU and its affiliates, officers, agents, co- branders, licensors,
partners and employees harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the VUDU Website, VUDU Service or VUDU
Devices or participating in any of the foregoing programs offered by VUDU herein, including, without
limitation, your violation of these Terms of Service or your violation of any rights of another.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE
TO:[e-mail]
2016 VUDU, Inc. All rights reserved. All brand and product names are trademarks or registered
trademarks of their respective holders.

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Google Play Legal Information

Google Play Terms of Service
July 27, 2016

1. Introduction
Applicable Terms. Thanks for using Google Play. Google Play is a service provided by Google
Inc. ("Google", "we" or "us"), located at 1600 Amphitheatre Parkway, Mountain View California
94043, USA, and is subject to the Google Terms of Service ("Google ToS"). Google Play is a
"Service" as defined in the Google ToS, and these Google Play Terms of Service are additional
terms which apply to the use of Google Play. Your use of Google Play and the digital content
available on it is subject to these Google Play Terms of Service and the Google ToS (which
together we refer to as the "Terms").
If there is any conflict between the Google Play Terms of Service and the Google ToS, the Google
Play Terms of Service shall prevail.
Your use of the Google Play store requires that you agree to the following terms. Please read them
carefully. If you do not understand the Terms, or do not accept any part of them, then you should
not use the Google Play store. Some products and features may be not available in all countries.
Please see the Google Play Help Center for more information.

2. Provision of Google Play
Direct, Agency and App Sales. When you buy "Content" (defined as data files, applications,
written text, mobile device software, music, audio files or other sounds, photographs, videos or
other images) on Google Play you will buy it either:
(a) directly from Google (a "Direct Sale");
(b) from the provider of the Content (the "Provider"), where Google is acting as an agent for the
Provider (an "Agency Sale"); or
(c) in the case of Android apps, from the Provider of the app (an "App Sale").
Each time that you purchase Content, you enter into a separate sale contract:

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(d) based on the Terms (as applicable) with Google (in the case of a Direct Sale);
(e) based on the Terms (as applicable) with the Provider of the Content you have purchased (in the
case of Agency Sales); or
(f) with the Provider of the Content you have purchased (in the case of App Sales).

The separate sale contract in (e) or (f) above (as applicable) is in addition to your contract with
Google Inc. for the use of the Service (i.e. these Google Play Terms of Service).
For Agency Sales the statement, in the Google ToS, that the Google ToS "do not create any third
party beneficiary rights", does not apply to your use of the Service.

Access to Content. You may use Google Play to browse, locate, and/or download Content) for
your mobile, computer or other supported device ("Device"). The availability of Content will vary
between countries and not all Content may be available in your country. Not all Content is available
for sharing with family members. Some of this Content may be offered by Google while others may
be made available by third-parties not affiliated with Google. Google is not responsible for any
Content on Google Play that originates from a source other than Google and does not endorse
such content.

3. Your Use of Google Play
Age Restrictions. In order to use Google Play you must be 13 years of age or older. If you are 13
or older but under 18 years of age, you must have your parent or legal guardian's permission to
use Google Play and to accept the Terms. In order to serve as the family manager of a family group
on Google Play, you must be at least 18 years old. You must not access Google Play if you are a
person who is either barred or otherwise legally prohibited from receiving or using the Service or
any Content under the laws of the country in which you are resident or from which you access or
use Google Play. You must comply with any additional age restrictions that might apply for the use
of specific Content or features on Google Play.

Basic Use Requirements. To use the Service, you will need a Device that meets the system and
compatibility requirements for the relevant Content, which may change from time to time, working
Internet access, and compatible software. Your ability to use the Service and the performance of
the Service may be affected by these factors. Such system requirements are your responsibility.

Third-Party Fees. You may incur access or data fees from third parties (such as your Internet
provider or mobile carrier) in connection with your use of Content and Google Play. For instance,
you may incur such fees if you use services provided through Google Play on or through third-party
services or devices. You are responsible for all such fees.

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Google Play Legal Information

Updates. You may need to install updates to Google Play or related Google software that we
introduce from time to time to use Google Play and to access or download Content. Content
originating from Google may communicate with Google servers from time to time to check for
available updates to the Content and to the functionality of Google Play, such as bug fixes,
patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your
use of the Content you have installed requires that you have agreed to receive such automatically
requested Updates. If you do not agree to such automatically requested and received Updates then
please do not use the Google Play store or install this Content.
Google may update any Google app or any app you have downloaded from Google Play to a new
version of such app, irrespective of any update settings that you may have selected within the
Google Play app or your Device, if Google determines that the update will fix a critical security
vulnerability related to the app.
Information about You. In order to access certain services or Content on Google Play, you may
be required to provide information about yourself such as your name, address, and billing details.
The information we collect, including information obtained from third parties, is shared between
Google and its group companies to operate the Service. Google's privacy policies explain how we
treat your personal data and protect your privacy when using Google Play. Any such information
you provide to Google must always be accurate, correct and up to date. Google may need to
provide your personal information, such as your name and email address, to Providers for the
purposes of processing your transactions and/or provisioning Content to you. Google has agreed
with Providers that they will use this information in accordance with their privacy policies.
If you are part of a family group on Google Play, your family members in the family group will be
able to see certain information about you. If you are the family manager of a family group on
Google Play, family members you invite to join the family group will see your name, photo, and email address. If you join a family group as a family member, other family members will be able to
see your name, photo, and e-mail address. Your family manager may also see your age, and will
see a record of all purchases you make using the designated family payment method, including a
description of the Content purchased. If Content is available for family sharing and you share it with
your family group, then all family members will be able to access the Content and see that you
purchased it. Family managers and family members must meet these additional requirements as
well.
Unauthorised Access to Accounts. You must keep your user details secure and must not share
them with anyone else. You must not collect or harvest any personal data of any user of Google
Play or of any user of other Google Services via Google Play, including account names.
Disabled Accounts. If Google disables access to your account in accordance with the Terms (for
example if you violate the Terms), you may be prevented from accessing Google Play, your
account details or any files or other Content that is stored with your account. If you are the family
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Google Play Legal Information

manager of a family on Google Play and Google disables access to your account, your family
members may lose access to family features requiring a family group, such as a family payment
method, family subscriptions, or Content shared by family members. If you are a family member of
a family on Google Play and Google disables your account, your family members will lose access
to Content you have shared with them. Please see section 6 below for your rights where you are
not able to download Content before your account is disabled.

Malware protection. To protect you against malicious third party software and other security
issues, Google may receive information about your device's network connections, the operating
system, and third party apps. Google may warn you if it considers an app to be unsafe, or remove
or block its installation on your Device if it is known to be harmful to devices, data or users. You can
choose to disable these protections in the Google Settings on your Device (however, apps installed
through the Store may continue to be analyzed for security issues).

4. Purchases and Payments
Free Content. Google may allow you to download or use Content free of charge. Any terms and
conditions that apply to purchased Content will apply to free Content, except with respect to
payment-related matters (for example, the refund-related provisions of these terms do not apply to
such free Content). Google may impose limitations on your access and use of certain free Content.

Purchase of Content. Your contract for the purchase and use of Content is completed once you
receive the email from Google confirming your purchase of that Content, and performance of this
contract begins as soon as the purchase is complete. If you are the family manager of a family
group on Google Play, you will be required to set up a valid family payment method for your family
members to use to purchase Content on Google Play and within apps. You will be responsible for
all of your family members' purchases of Content using the family payment method. If a family
group is deleted, or a family member leaves the family group, you may be charged for pending
purchases made by family members using the family payment method.

Google Payments. In order to purchase Content on Google Play, you must agree to the payment
terms as specified in the Google Payments Terms of Service. If you do not have a Google Payment
account, you can set one up by going to this link, where you can also find more information about
Google Payments. The Payments Terms of Service and Privacy Notice also apply whenever you
want to purchase Content using a Google Payments account. Please ensure that you read those
terms carefully before making any purchase. Some purchases in Google Play will require you to
transact with the product Provider directly. In these cases, to process your transaction and maintain
your account, we may share your personal information with the product Provider, as permitted
under the Payments Privacy Notice.

https://play.google.com/about/play-terms.html

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Google Play Legal Information

Other Payment Processing Methods. Google may make available to you various payment
processing methods in addition to Google Payments account to facilitate the purchase of Content
on Google Play. You must abide by any relevant terms and conditions or other legal agreement,
whether with Google or a third party, that governs your use of a given payment processing method.
Google may add or remove payment processing methods at its sole discretion and without notice
to you. Once your purchase is complete, Google or Google's payment processor may charge your
credit card or other form of payment that you indicate for any Content ordered, along with any
additional applicable amounts (including any taxes). You are solely responsible for all amounts
payable associated with purchases you make on Google Play.
Eligibility for Carrier Billing. In order to determine your eligibility to have purchases of Content
that you make through your mobile Devices billed to your mobile network provider's account, when
you create a Google Play account on a Device we will send identifiers of your Device, subscriber ID
and SIM card serial number to your network provider. To permit this you will need to accept the
network provider's terms of service. The network provider may send us your billing address
information to help us create your Google Play account. We will hold and use this information in
accordance with Google's Privacy Policies.
Pricing. Pricing and availability of all Content displayed on Google Play are subject to change at
any time before you click the button indicating that you want to purchase Content.
Taxes. You are responsible for any Taxes, and must pay for Content without any reduction for
Taxes. If the seller of Content is obligated to collect or pay Taxes, the Taxes will be charged to you.
"Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale
of Content, including any related penalties or interest.
Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the
reporting and payment of any taxes arising in connection with your use of Google Play or the
purchase of Content through Google Play. The reporting and payment of any such applicable taxes
are your responsibility.
All Sales Final. Except as expressly set out in the Terms or Google's refund policies displayed in
the Service, all sales are final, and no returns, replacements or refunds are permitted. If a
replacement, return or refund is granted for any transaction, the transaction may be reversed, and
you may no longer be able to access the Content that you acquired through that transaction. Your
rights to withdraw, cancel or return purchases and get a refund are set out in the additional terms
for the relevant Content type set out below and the refund policies displayed in the Service.
Pre-orders.
(a) When you place a pre-order for a Product, your contract for the purchase and use of that item is
completed when the Product becomes available in your account and you will be charged for the
purchase at that time. You can cancel your pre-order at any time up to the point at which the
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Google Play Legal Information

Product becomes available to you (if you want to cancel the pre-order you will be able to do so by
visiting the "My Orders" page and following the instructions there).
(b) After the moment when the Product becomes available to you, you will not able to withdraw or
cancel the pre-order and your cancellation and return rights are the same as for other Products that
you purchase through Google Play. Please see the terms below for more information.
(c) We will need to cancel your pre-order if the Product is withdrawn from sale in the store before it
is made available and we reserve the right to cancel your order in the event the price changes
before your order is fulfilled.

5. Subscriptions
Trials of Magazines News Content and Music. Subscribing to a free trial for a magazine or new
content on Google Play Newsstand or for music (including as part of your purchase of a
subscription for a magazine or music) gives you access to the subscription benefits for that
magazine for free for a specified trial period. At the end of such trial period, you will be charged the
price of the first period of the subscription and will continue to be charged until you cancel your
subscription. To avoid being charged, you must cancel before the end of the trial period. If
you cancel during the trial period you will retain access to the magazine issues that you access
during a free trial period, but you will not retain access to news content or Music Subscription
Content (as defined below) that you access during a free trial period unless you become a paid
subscriber. Access to free trials may be limited to a certain number of free trials for each user
during a given period. To avoid any charges, you must cancel before the end of the trial period; for
more information on cancelling subscriptions, see the section titled "Cancellations" below in this
section 5.
Trials of Apps. Subscribing to a trial for an Android app gives you access to the subscription
benefits for that app for free for a duration specified by the application developer. At the end of the
trial period, you will be charged the price of the first period of the subscription and will continue to
be charged until you cancel your subscription. To avoid being charged, you must cancel before
the end of the trial period. Once you cancel your trial, you will immediately lose access to the
relevant app and any subscription privileges.
Cancellations. If you purchase an auto-recurring periodic subscription (whether monthly, annual or
another period) to Content, you may cancel that subscription at any time before the end of the
applicable billing cycle, and the cancellation will apply to the next period. For example, if you
purchase a monthly subscription, you may cancel that subscription at any time during any month of
the subscription, and the subscription will be cancelled as of the following month. You will not
receive a refund for the current billing period, except in the event of a defective product (as set out
in section 6 below), or as otherwise set out out in these Terms. With respect to magazine or news
https://play.google.com/about/play-terms.html

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content subscriptions on Google Play Newsstand, you will continue to receive Content and updates
(if applicable) of the relevant subscription during the remainder of the current billing period. After
that billing period ends, your access to previously delivered magazine issues will not be affected by
the cancellation, but your access to paid news content will terminate at the end of the billing period
during which your subscription is cancelled. With respect to music subscriptions, you will continue
to have access to Music Subscription Content (as defined in Section 7 below) during the remainder
of the current billing period; however, your access to Music Subscription Content will terminate at
the end of the billing period during which your subscription is cancelled. Additional refund policies
for music and periodicals are set out in sections 7 and 10 below, respectively.

Price Changes. When you purchase a subscription, you will initially be charged at the rate
applicable at the time of your agreement to subscribe. If the price of the subscription increases
later, Google will notify you. The increase will apply to the next payment due from you after the
notice, provided that you have been given at least 10 days' prior notice before the charge is made.
If you are given less than 10 days' prior notice, the price increase will not apply until the payment
after the next payment due.

Declining Price Changes. If you do not wish to pay the increased price for a subscription, you
may cancel the subscription in the manner described in the Google Play help center and you will
not be charged further amounts for the subscription, provided you have notified us before the end
of the current billing period. In some cases where the Provider increases the price of a subscription
Google may cancel your subscription unless you agree to re-subscribe at the new price. If your
subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the
then current subscription rate.

6. Rights and Restrictions
License to Use Content. Following payment of the applicable fees for Content, you will have the
non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and
in other cases for as long as Google and the applicable copyright holder have rights to provide you
that Content, to download or stream, in each case, solely as expressly permitted by Google via the
Google Play user interface and subject to the restrictions set out in the Terms and associated
policies, copies of the applicable Content to your Devices, and to view, use, and display the
Content on your Devices or as otherwise authorized by Google as part of the Service for your
personal, non-commercial use only. All rights, title and interest in Google Play and Content not
expressly granted to you in the Terms are reserved by Google and its licensors.

Violation of License Terms. If you violate any of the terms and conditions of the Terms, your
rights under this license will immediately terminate and Google may terminate your access to
Google Play, the Content and/or your Google account without refund to you.

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No Public Performance. You must not display (in part or in whole) the Content as part of any
public performance or display even if no fee is charged (except where such use would not
constitute a copyright infringement or violate any other applicable right). Use of a tool or feature
provided as an authorized part of Google Play (for example, "Social Recommendations", as defined
in the Music terms below) is permitted, provided that as you use the tool or feature as specifically
permitted and only in the exact manner specified and enabled by Google.

Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute,
broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your
rights to Content to any third party without authorization, including with regard to any downloads of
Content that you may obtain through Google Play. Use of any tool or feature provided as an
authorized part of Google Play (for example, "Social Recommendations") shall not violate this
provision so long as you use the tool as specifically permitted and only in the exact manner
specified and enabled by Google.

Capturing of Streams. You may not use Google Play or any Content in conjunction with any
stream-ripping, stream capture or similar software to record or create a copy of any Content that is
presented to you in streaming format.

Sharing. You may not use Content as part of any service for sharing, lending or multi-person use,
or for the purpose of any other institution, except as specifically permitted and only in the exact
manner specified and enabled by Google (for example, through "Social Recommendations").

Security Features. You may not attempt to, nor assist, authorise or encourage others to
circumvent, disable or defeat any of the security features or components, such as digital rights
management software or encryption, that protect, obfuscate or otherwise restrict access to any
Content or Google Play. If you violate any security feature, you may incur civil or criminal liability.

Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary
notices included in any Content, and you may not attempt to modify any Content obtained through
Google Play, including any modification for the purpose of disguising or changing any indications of
the ownership or source of Content.

Use of Android Apps. You must use apps from Google Play in accordance with the Google Play
Business and Program Policies which are in place from time to time, the current version of which
can be found at http://play.google.com/about/android-developer-policies.html

Defective Content. Once Content is available to you through your account, you should check the
Content as soon as reasonably possible to ensure that it downloads or streams correctly (as
applicable) and performs as stated, and notify us as soon as reasonably possible if you find any
errors or defect. In the case of Android apps, you should contact the developer concerning any
defects or performance issues in the apps, as described in the Google Play help center. In the case
of Content other than apps, subject to any limitations in the additional terms for the
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below, you may cancel purchases you have made from Google Play to Google if Google Play does
not perform as stated with respect to that purchased Content, and Google will provide either a
replacement Content (if available) or a refund of the purchase price.
If Google provides you a refund, the refund of your purchase price shall be your sole remedy.
If Google issues a refund or credit, it is under no obligation to issue the same or similar refund in
the future.
In the case of subscription purchases, Google may grant a refund for the entire term or a partial
refund for issues not received in the remaining term of subscription.

Removal or Unavailability of Content. Subject to the Terms, Content that you purchase will be
available to you through Google Play for the period selected by you, in the case of a purchase for a
rental period, and in other cases as long as Google has the right to make such content available to
you. In certain cases (for example, if Google loses the relevant rights, discontinues a service or
Content is discontinued, breaches applicable terms or the law), Google may remove from your
Device or cease providing you with access to certain Content that you have purchased. Google will
provide you with reasonable prior notice of any such removal or cessation. If you are not able to
download a copy of the Content before such removal or cessation, then Google will offer you either
(a) a replacement of the Content if possible or (b) a refund of the price of the Content. If Google
issues you a refund, the refund of your purchase price shall be your sole remedy.

Effect of Refunds. If a refund of the purchase price of Content for any reason is issued to you, you
will no longer have the right to access the relevant Content.

Select, Copy and Paste. Select, copy and paste functions may be available for some text-based
Content, and you must use these features within the prescribed limits and only for personal noncommercial purposes.

Multiple Accounts. If you have multiple Google accounts with different user names, in some
cases you may transfer Content out of an account and into another account, provided you are the
owner of each such account and provided Google has enabled a feature of the relevant service
allowing such transfers.

Limits on access on Devices. Google may from time to time place limits on the number of
Devices and/or software applications you may use to access Content (for more information, please
visit the Help link for the relevant Content within Google Play). Google may record and store the
unique device identifier numbers of your Devices in order to enforce such limits.

Dangerous Activities. None of the Services or Content are intended for use in the operation of
nuclear facilities, life support systems, emergency communications, aircraft navigation or
communication systems, air traffic control systems, or any other such activities in which case the
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failure of the Services or Content could lead to death, personal injury, or severe physical or
environmental damage.
Changes to these Terms.
If the Terms change, you will be asked to accept new terms before you next purchase Content.
Once you have accepted the new terms, they will apply to your use of all Content (including
Content you have purchased in the past) and all subsequent purchases, until we notify you of
further changes.
If you refuse to accept the updated terms then you will not be able to buy any further Content
through Google Play, and the latest version of the Terms that you accepted will continue to apply to
your use of Content. In this case we will, if we are able to do so, give you a reasonable period of
time in which to download a copy of any Content you have previously bought from Google Play to
your Device, and you may continue to view that copy of the Content on your Devices in accordance
with the last version of the Terms that you accepted.
After that time has expired, you will not be given a further opportunity to download the Content you
have previously bought and it is possible that you will no longer be able to use Google Play to
access or use the Content you have already bought or related support services. If this happens,
Google will offer you either a replacement of the Content, or a refund of the price of the Content,
which will be your sole remedy. To access or use the Content you have already bought or related
support services, you may also need to create a new account.

7. Music on Google Play
Introduction. Google Play includes certain music-related products and services, which are
described in greater detail below and defined as "Music Products", "Music Subscription
Content"and "Music Locker Services".
Music Products; Music Subscription Content. The Google Play store allows you to browse,
preview, stream, purchase, download, recommend and use a variety of digital music and musicrelated content such as music files, music video files, previews, clips, artist information, user
reviews, professional third-party music reviews and other digital content ("Music Products").
Certain Music Products may be accessible to you by purchasing (or receiving a free trial of) a
subscription to a music subscription service made available via Google Play ("Music Subscription
Content"). Music Products may be owned by Google or its third-party partners and licensors and
may contain watermarks or other embedded data. For clarity, all Music Products constitute
"Products" as defined in Section 1 above.
Stored Content. You can use Google Play to store digital content (such as music files, related
metadata and album art) in Music Storage through the Music Software, as each is defined below

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("Stored Content"). For the avoidance of doubt, "Music Products" do not include Stored Content.
Stored Content may include both files that you upload directly to Music Storage and/or files that
Google "scans and matches" to files stored locally on your Device.
Music Locker Services. Google Play may provide you with access to (a) server space that you
can use to store music and associated data files, including Music Products and Stored Content
("Music Storage") and/or (b) software applications (including web, desktop and mobile
applications) and related services that allow you to upload, manage, access and play music
through Music Storage ("Music Software"). Music Storage and Music Software are collectively
referred to in these Terms as the "Music Locker Service". For clarity, you may be given access to
Stored Content and Music Subscription Content through the same user interface.
Use of Music Locker Services. By storing Music Products and Stored Content in Music Storage,
you are storing a unique copy of such content and requesting Google to retain it on your behalf and
to make it accessible to you through your Google account. By using the Music Locker Services,
you are requesting that Google make all of the necessary functions and features of the Music
Locker Services available to you in order to facilitate your use of Music Products and Stored
Content. Additionally, by accessing or using Music Products and Stored Content through the Music
Software, you are initiating and performing the corresponding functions on Google's servers,
together with any related steps necessary to achieve them, through the Music Locker Services. You
understand that Google, in performing the required technical steps at your direction to provide you
with the Music Locker Services, may (a) transmit Music Products and Stored Content over various
networks and in various media and (b) make such changes to Music Products and Stored Content
as are necessary to conform and adapt it to the technical requirements of connecting networks,
devices, services or media. You confirm and warrant to Google that you have the necessary rights
to store in Music Storage any Stored Content that you direct Google to upload or store in Music
Storage, and to instruct Google to perform the actions described in this section.
Cancelling a Music Purchase; Refunds. You have the right to cancel each purchase of a Music
Product from Google (including a music subscription) for a refund within 7 working days of the day
after that Music Product becomes available for you to download or stream, provided that, with
respect to music subscription free trials: (i) you may cancel your subscription at any time during a
free trial period (as set out in section 5 above) and (ii) you will not have the foregoing 7-day
cancellation right once the paid portion of your subscription has commenced. Once you download
or stream any Music Product that you purchase, you no longer have the right to cancel your
purchase of that Music Product (unless the Music Product is defective). If Google grants to you a
refund for a music subscription, the refund amount will be pro-rated to reflect remaining term of the
subscription. Following Google's provision of a refund to you, you will no longer have the right to
access the applicable Music Product.
Other Google Subscription Services. You may receive access to a Google Play music
subscription as part of a subscription to another Google product; additionally, you may receive
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access to other Google subscription products as part of a Google Play music subscription. The
details of your access to such other Google subscription products will be presented to you before
you complete your music subscription purchase. Your use of Google Play and any Google Play
music subscription product is governed solely by these Terms, and not the terms of any other
Google product, including any other Google product through which you receive access to a Google
Play music subscription.
Social Recommendations. When you purchase Music Products, you may be given the
opportunity to share all or a portion of the Music Products to your profile on Google+ or other
Google-approved social networks or online destinations, as determined by Google in its sole
discretion ("Social Recommendation"). Your use of Social Recommendations shall be subject to
the Terms and any other terms and conditions applicable to the social networks or online
destinations to which you share such Social Recommendations. Google may impose limitations on
your Social Recommendations. For example, Google may render the Music Product associated
with any Social Recommendation as a limited-length preview rather than a full-length play.
Rights to Stored Content. You retain any rights that you already hold in Stored Content. For the
avoidance of doubt, Stored Content is not subject to the license grant to Google in the section of
the Google Terms of Service titled "Your Content in our Services."
Geographic Restrictions. The Music Locker Services and Music Products are currently available
only in some countries. You agree that you will not present any false, inaccurate or misleading
information in an effort to misrepresent yourself as a resident of a supported country, and you will
not attempt to circumvent any restrictions on access to or availability of the Music Locker Services
or Music Products.
Compliance With Settings. You must observe and comply with any settings or parameters set by
Google or a copyright holder in connection with Music Products. For example, Google or the
copyright holders may correct errors in Music Products, add additional features or change the
security features or regional availability of the Music Products. Where these changes are made, the
Music Products may automatically update.
Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties
who license their musical or other content to Google as Music Products or for other use in
connection with the Google Play store (including Providers in the case of Agency Sales) are
intended third party beneficiaries under these Terms solely with respect to the specific provisions of
these Terms that directly concern their content ("Third-Party Provisions"), and solely for the
purpose of enabling such third parties to enforce their rights in such content. For the avoidance of
doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to
any provision that falls outside the Third Party Provisions, which includes but is not limited to any
provisions or agreements incorporated by reference, or that may be referenced without
incorporation, in these Terms.
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Third-Party Software and Data. Information regarding third-party software (including open source)
and data in the Music Locker Services can be obtained at the following location:
http://music.google.com/about/thirdparty.html.
Licensing Partners. If you are interested in learning more about some of the partners we work
with to bring you music on Google Play, please visit this page.

8. Books on Google Play
Privacy Policy for Books. The Google Play Privacy Policy for Books describes how we treat
personal and certain other information generated by your use of Content that is books ("Books
Content").
Device Requirements. For information on the system requirements including what Devices are
compatible with the Service and the purchase of and access to Books Content, please look at
http://support.google.com/mobile/?p=books devices.
Updates to Books Content. Google or the copyright holders of Books Content may update such
Books Content and change digital rights settings for such Books Content from time to time. For
example Google or the copyright holders may correct errors in the Books Content or may add
additional features, or may change the security features for the Books Content. Where these
changes are made the Books Content that you see will automatically update, except where you
have downloaded a copy of the Books Content to a Device.
Cancellation. In addition to your rights to cancel if you have a defective Product, as set out in
section 6, you have the right to cancel the contract for each purchase or rental of a Book Content
from Google for a refund within a period of 7 working days beginning with the day after that Book
Content becomes available for you to read, except for rentals of Books Content for a 24-hour
period, to which the cancellation right does not apply. Following Google's provision of a refund to
you, the transaction will be reversed, and you will no longer have the right to access the applicable
Book Content.
Additional Restrictions. The sale of Books does not provide any promotional use rights in any
Book.

9. Movies and TV Shows on Google Play
Introduction. Google Play includes certain video services, which are defined as the "Video
Services". In the Terms, Content made available for purchase through the Video Services are
"Video Content".

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Cancellation. You can cancel your purchase of unwatched Video Content and get a refund of the
purchase price within 7 working days of your purchase. Requests for refunds for any other reason
must be directed through the form in the Google Play Help Center. Google reserves the right to
approve or deny refund requests after 7 working days at its sole discretion.

Purchase Options. When you order Video Content through the Service, you may either (i) rent the
Video Content for viewing an unlimited number of times during the period of time specified on the
transaction page displayed at the time of your payment ("Viewing Period") and noted in your
confirmation email ("Rental Video Content") or (ii) where available, purchase the Video Content
for storage in a digital locker and for viewing and unlimited number of times as long as the Video
Content is available in the digital locker ("Locker Video Content").

Viewing Periods- Rentals. Pausing, stopping, or rewinding a Rental Video Content will not extend
your applicable Viewing Period for that Rental Video Content. Each item of Rental Video Content
may have a different Viewing Period and the Viewing Period will be shown to you before you order
it.

Viewing Periods - Purchases. Each Locker Video Content will be available for unlimited viewing
for as long as Google is able to maintain the rights to continue providing you that Locker Video
Content ("Locker Period"). Pausing, stopping, or rewinding an item of Locker Video Content will
not extend the Locker Period. Each item of Locker Pay Content may have a different Locker
Period.

Viewing requirements. You agree to watch each Video Content only within territories within which
Google makes the relevant Video Content available for viewing. You may view Video Content when
(1) online, with an internet connection and logged onto your Google account or (2) offline and
viewing from a previously authorized device. You must be online to authorize a device for viewing
Video Content.

Device Limits - Rentals. For each purchased Rental Video Content, you may watch such Rental
Video Content on only one Device at a time (either online or on an authorized offline Device).

Viewing Limits- Purchases. For Locker Video Content, (1) you may view only one stream of each
Locker Video Content at a time, (2) you may view up to 3 streams of Locker Video Content from
your locker at a time, (3) you may authorize up to 5 Devices for offline playback of Locker Video
Content at a time and to authorize additional devices, you must de-authorize one of those 5
Devices, (4) you may only authorize the same Device three times in any 12 month period and deauthorize the same Device twice in any 12 month period, (5) you may only de-authorize a total of 2
Devices for offline playback every 90 days, and (6) you may authorize no more than 3 Google
accounts on the same Device.

10. Periodicals on Google Play Newsstand
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This section applies to sales of periodicals (magazines and news content) on Google Play
Newsstand, and not to periodical content provided within other Android apps.

Reductions for Print Subscribers. Some Providers of periodicals may allow you to purchase a
subscription of periodical Content on Google Play at a reduced rate if you are already a print
subscriber. If you cancel your print subscription or that periodical or your print subscription expires
and you do not renew it, your reduced rate subscription of that Content on Google Play will be
cancelled automatically.

Refunds. Where you are granted a refund, Google may issue a refund for the entire term or grant
a partial refund for Content not received in the remaining term of a subscription. Following Google's
provision of a refund to you, you will no longer have the right to access the applicable issues of the
relevant periodical Content delivered during the refunded period, or if a partial refund is given, any
Content of the relevant periodical not yet received. If periodical Content is no longer available on
Google Play (for example, if a title goes out of business or is sold to another publisher that does not
provide periodicals on Google Play), Google will give you a refund (which may be a full refund for
the current period of the subscription or a partial refund for Content not yet received in the current
period).

Information Google Shares with Periodical Publishers. If you purchase a periodical
subscription of any length on Google Play, Google may share your name, email address, mailing
address and a unique identifier with the periodical's publisher. As a subscriber to the periodical,
Google may also share your reading history within the periodical with the publisher of that
periodical. Google has agreed with the periodical publisher that the periodical publisher will use this
information in accordance with the publisher's privacy policy. You will be provided the opportunity to
opt out of any communications from the publisher that do not relate to the subscription you are
purchasing, and to opt out of marketing communications from third parties, at the time you
purchase your subscription. If you purchase a single issue of a magazine on Google Play, Google
may provide your postal code to the magazine's publisher. We also provide periodical publishers
with sales information on periodical purchases.

Verifying Print Subscriptions. If you are accessing a subscription on Google Play Newsstand
through an existing print subscription from that periodical's publisher, we may ask a third party
service provider to verify your print subscription with the periodical publisher, and we may ask you
for certain information relating to your print subscription in order to do so. Google will use this
information in accordance with the Google Privacy Policy.

Cancellation. In addition to your rights to cancel if you have a defective Product, as set out in
section 6, please see section 5 for your right of cancellation in relation to periodical subscriptions.

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© Ooogle

Privacy & Terms · Help

Change language or region:

, English- United States

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iTUNES STORE- TERMS AND CONDITIONS

Legal

Hardware

Software

Sales & Support

Internet Services

Intellectual Property

More Resources

TERMS AND CONDITIONS
A. TERMS OF SALE
B. !TUNES STORE TERMS AND CONDITIONS
C. MAC APP STORE, APP STORE, APP STORE FOR APPLE TV AND !BOOKS STORE TERMS AND
CONDITIONS
D. APPLE MUSIC TERMS AND CONDITIONS
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE !TUNES STORE, MAC APP STORE,
APP STORE, APP STORE FOR APPLE TV, !BOOKS STORE AND APPLE MUSIC SERVICES ("SERVICES"). TO
AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK
"AGREE," AND DO NOT USE THE SERVICES.
A. TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the Services, and that Apple may
charge your payment method for any products purchased and for any additional amounts (including
any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH A
VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please
visit http:/ /support.apple.com/kb/HT5582.
Your total price will include the price of the product plus any applicable tax; such tax is based on the
bill-to address and the tax rate in effect at the time you download the product.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide
price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a
refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive
and sole remedy is either replacement or refund of the price paid, as determined by Apple.
1-Ciick"'
!-Click is a registered service mark of Amazon.com, Inc., used under license. !-Click is a convenient
feature that allows you to make a purchase from the Services with a single click of your mouse or
other input device. When accessing the Services on your computer, !-Click purchasing may be
activated via the dialog that appears when you click a Buy button. (You may reset this selection at any
time by clicking Reset Warnings in your Account information). When accessing the Services on your
Apple-branded products running iOS such as an iPad, iPod touch, or iPhone ("iOS Device"), 1-Ciick is
activated for each transaction by tapping the button showing the price of the product, which reveals
the Buy button. When !-Click is activated, clicking or tapping the Buy button starts the download
immediately and completes your transaction without any further steps.
GIFT CERTIFICATES, !TUNES CARDS AND CODES, ALLOWANCES, AND CONTENT CODES
Gift Certificates, iTunes Cards and Codes, and Allowances are issued and managed by Apple Value
Services, LLC ("Issuer").
Gift Certificates, iTunes Cards and Codes, Content Codes, and Allowances, in addition to unused
balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by
law); exchanged; resold; used to purchase Gifts, Gift Certificates, or iTunes Cards or Codes; used to
provide Allowances; used for purchases on the Apple Online Store; or used in Apple Retail Stores.
Unused balances are not transferable.

http://www .apple.com/legalli nternet-serviceslitunes/us/terms.htmi#SERVIC E

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iTUNES STORE- TERMS AND CONDITIONS
Gift Certificates, iTunes Cards and Codes, Content Codes, and Allowances purchased in the United
States may be redeemed through the Services only in the United States, its territories, and
possessions.
The Gift Certificate/iTunes Card/Code cash value is 1/10 of one cent.
Neither Issuer nor Apple is responsible for lost or stolen Gift Certificates, iTunes Cards or Codes,
Content Codes, or Allowances. Risk of loss and title for Gift Certificates, iTunes Cards and Codes, and
Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to
the recipient. Risk of loss and title for Content Codes transmitted electronically pass in California upon
electronic transmission from Apple; for avoidance of doubt, such recipient may not always be you.
Apple reserves the right to close accounts and request alternative forms of payment if a Gift
Certificate, iTunes Card or Code, Content Code, or Allowance is fraudulently obtained or used on the
Service.
APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, ITUNES CARDS OR CODES, CONTENT CODES,
ALLOWANCES, OR THE !TUNES STORE, APP STORE, MAC APP STORE, OR I BOOKS STORE, INCLUDING,
WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, ITUNES CARD OR CODE, CONTENT
CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE
THE REPLACEMENT OF SUCH GIFT CERTIFICATE, ITUNES CARD OR CODE, CONTENT CODE, OR
ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
GIFTS
Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the
United States, its territories, and possessions. Gift recipients must have compatible hardware and
parental control settings to utilize some gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account and
download the product when it becomes available. You may cancel your pre-order prior to the time the
item becomes available.
FAMILY SHARING
Family Sharing allows you to share eligible iTunes, App Store, Mac App Store, and iBooks Store
products with up to six members (including yourself) of a "Family." If you set up or join a Family, you
may view the eligible products of other Family members and download such products to your
compatible device or computer. You can also choose to hide purchases so that other Family members
will not be able to view or download them from you. You can share information such as photos and
videos via the Photos app, events via your Family Calendar, reminders via the Reminders app, location
information via Find My Friends, and device location via Find My iPhone. Family Sharing is for
personal, non-commercial use only. iTunes and iCioud accounts are required; iOS 8 and/or OS X
Yosemite are required to start and join a Family. Certain transactions and features may not be
compatible with earlier software and may require a software upgrade. If you join a Family, the features
of Family Sharing are enabled on your compatible devices and computers automatically.
The "Organizer" of a Family can invite other members to participate in the Family. The Organizer must
be 18 years or older and must have an eligible payment method registered with iTunes. If you are an
Organizer, you represent that you are the parent or legal guardian of any Family member under age
13. The Organizer's payment method is used to pay for any purchase initiated by a Family member in
excess of any store credit in such initiating Family member's account. Products are associated with the
account of the Family member who initiated the transaction. BY INVITING FAMILY MEMBERS TO JOIN A
FAMILY, THE ORGANIZER AGREES THAT ALL FAMILY MEMBER PURCHASES ARE AUTHORIZED BY AND
ARE THE RESPONSIBILITY OF THE ORGANIZER, EVEN IF THE ORGANIZER WAS UNAWARE OF ANY
PARTICULAR PURCHASE, IF A FAMILY MEMBER EXCEEDED HIS OR HER AUTHORITY AS GRANTED BY THE
ORGANIZER, OR IF MULTIPLE FAMILY MEMBERS PURCHASE THE SAME PRODUCT. THE ORGANIZER IS
RESPONSIBLE FOR COMPLIANCE WITH ANY AGREEMENT WITH ITS PAYMENT METHOD PROVIDER, AND
ASSUMES ALL RISK IN THE EVENT THAT SHARING ACCESS TO SUCH PAYMENT METHOD LIMITS ANY
PROTECTION OFFERED BY THE PAYMENT METHOD PROVIDER. The Organizer can change the payment
method on file at any time. A record of the purchase will be sent to the initiating Family member and

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the Organizer, even if the purchase is hidden by the Family member; please use Report a Problem on
your receipt if you or your Family members do not recognize charges on your receipt or payment
method statement.
The Organizer can use the Ask to Buy function to require children under the age of 18 to obtain
permission from the Organizer, and/or other adults designated by the Organizer, to download free or
paid products before a purchase or download commences. Products downloaded from Family
members and products acquired via redemption codes are not subject to Ask to Buy. If you are an
Organizer, you represent that you and/or any adult designee is the parent or legal guardian of any
Family member for whom Ask to Buy is activated. Ask to Buy is optimized for iOS 8 and OS X
Yosemite; product purchase or download requests from earlier software may present users with an
alternative permission process or prevent purchases altogether, and may require a software upgrade.
Apple is not responsible for any harm resulting from a delay in Ask to Buy approvals or denials.
The Organizer may remove any Family member from the Family, which will terminate that Family
member's ability to initiate authorized purchases on the Organizer's payment method, and that Family
Member's ability to view and share other Family members' products and information. When a Family
member leaves or is removed from a Family, the remaining Family members may no longer be able to
view or download the departing member's products or information, or access products previously
downloaded from the departing Family member, including purchases made on the Organizer's
payment method while the departing member was part of the Family. Similarly, if you leave a Family,
you may no longer be able to view or download the products or information of the other Family
members, and products that you downloaded from other Family members while a member of the
Family may no longer be accessible. If you have made ln-App Purchases from an app originally
purchased by a departed Family member or downloaded from a Family member and you no longer
belong to the Family, you need to purchase the app yourself and restore the ln-App Purchases to
regain access to them; please review the developer's policies and the section of this Agreement
entitled "ln-App Purchases" before buying ln-App Purchases. Because personal accounts for users
under age 13 can only be created as part of Family Sharing, deleting such an account in order to
remove it from the Family will terminate that Family member's Apple ID and his or her ability to access
any Apple services that require an Apple ID or any content associated with that Apple ID.
You can only belong to one Family at a time, and may join any Family no more than twice per year.
You can change the store account you associate with a Family no more than once every 90 days. All
Family members must use the same iTunes Store country or region. Music, movies, TV shows and
books can be downloaded from the iTunes Service on up to 10 devices per account, only five of which
can be computers; eligible apps can be downloaded to any devices the Family member owns or
controls. Not all products, including ln-App Purchases, content that is not available for re-download,
subscriptions, and some previously purchased apps, are eligible for Family Sharing. Apple reserves the
right to disband a Family in accordance with the "Termination" section of this Agreement.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions
electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR
AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your
electronic records, you may be required to have certain hardware and software, which are your sole
responsibility.
NON-APPLE DEVICES
If you sign up for an Account or use a Service covered by this Agreement on a non-Apple-branded
device or computer, you may have access to only a limited set of Account or Service functionality. As a
condition to accessing your Account or a Service on a non-Apple-branded device or computer, you
agree to all relevant terms and conditions found in this Agreement, including, without limitation, all
requirements for use of an Account or Service, limitations on use, availability, disclaimers of
warranties, rules regarding your content and conduct, and termination. Terms found in this
Agreement relating to features or Services not available for non-Apple-branded device or computer
users will not be applicable to you. These include, for example, the App Store. If you later choose to
access your Account or a Service from an Apple-branded device or Apple-branded computer, you
agree that all of the terms and conditions contained herein apply to your use of such Account or
Service.
Apple is not responsible for typographic errors.

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B. ITUNES STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE ITUNES
STORE SERVICE (THE "ITUNES SERVICE").
THE ITUNES STORE SERVICE
Apple is the provider of the iTunes Service, which permits you to access, purchase or rent digital
content ("iTunes Products") for end user use only under the terms and conditions set forth in this
Agreement.
REQUIREMENTS FOR USE OF THE ITUNES SERVICE
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can
be created by a parent or legal guardian using Family Sharing or by an approved educational
institution. Children under the age of majority should review this Agreement with their parent or
guardian to ensure that the child and parent or legal guardian understand it.
The iTunes Service is available to you only in the United States, its territories, and possessions. You
agree not to use or attempt to use the iTunes Service from outside these locations. Apple may use
technologies to verify your compliance.
Use of the iTunes Service requires compatible devices, Internet access, and certain software (fees may
apply); may require periodic updates; and may be affected by the performance of these factors. Highspeed Internet access is strongly recommended for regular use and is required for video. The latest
version of required software is recommended to access the iTunes Service and may be required for
certain transactions or features and to download iTunes Products previously purchased or acquired
from the iTunes Service. You agree that meeting these requirements, which may change from time to
time, is your responsibility. The iTunes Service is not part of any other product or offering, and no
purchase or obtaining of any other product shall be construed to represent or guarantee you access to
the iTunes Service.
YOUR ACCOUNT
As a registered user of the iTunes Service, you may establish an account ("Account"). Don't reveal your
Account information to anyone else. You are solely responsible for maintaining the confidentiality and
security of your Account and for all activities that occur on or through your Account, and you agree to
immediately notify Apple of any security breach of your Account. Apple shall not be responsible for
any losses arising out of the unauthorized use of your Account.
In order to purchase and download iTunes Products from the iTunes Service, you must enter your
Apple ID and password or use Touch ID to authenticate your Account for transactions. Once you have
authenticated your Account using your Apple ID and password, you will not need to authenticate again
for fifteen minutes on your computer or iOS Device; you can choose to allow your computer or Apple
TV to remember your password to remain authenticated. During this time, you will be able to purchase
and download iTunes Products without re-entering your password. You can turn off the ability to
make iTunes Product transactions or change settings to require a password for every transaction by
adjusting the settings on your computer, iOS Device, or Apple TV. For more information, please see
http:/ /support.apple.com/kb/HT1904 and http:/ jsupport.apple.comjkb/HT4213.
You agree to provide accurate and complete information when you register with, and as you use, the
iTunes Service ("iTunes Registration Data"), and you agree to update your iTunes Registration Data to
keep it accurate and complete. You agree that Apple may store and use the iTunes Registration Data
you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire music, purchased (i.e. not rented) movie, TV show and music video iTunes
Products (collectively, "iTunes Eligible Content"), you may elect to automatically receive ("autodownload") copies of such iTunes Eligible Content on additional compatible iOS Devices (except for
purchased movies and TV show iTunes Products) and iTunes-authorized computers with compatible
software by associating such iOS Devices and computers subject to the association rules below (each,
an "Associated Device"). For each Associated Device, you may specify which type of iTunes Eligible
Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving
push notifications ("Push-Enabled"), including iOS Devices, the iTunes Eligible Content will autodownload to that Associated Device when it has an Internet connection; on an Associated Device that
is not Push-Enabled, iTunes Eligible Content will automatically appear in the download queue and you
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As an accommodation to you, subsequent to acquiring iTunes Eligible Content, you may download
certain of such previously-acquired iTunes Eligible Content onto any Associated Device. Some iTunes
Eligible Content that you previously acquired may not be available for subsequent download at any
given time, and Apple shall have no liability to you in such event. As you may not be able to
subsequently download certain previously-acquired iTunes Eligible Content, once you download an
item of iTunes Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you
may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download iTunes Eligible Content or download previously-acquired iTunes Eligible
Content from an Account on up to l 0 Associated Devices, provided no more than 5 are iTunesauthorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it
is free on the iTunes Service, but on no more than 5 iTunes-authorized computers.
An Apple TV is not an "Associated Device." However, TV show iTunes Products and purchased (i.e. not
rented) movies iTunes Products may be played back on compatible Apple TVs, provided that you may
only play back any such TV show or movie on a limited number of Apple TVs at the same time.
Some pieces of iTunes Eligible Content may be large, and significant data charges may result from
delivery of such iTunes Eligible Content over a data connection.
ITUNES MATCH
iTunes Match permits you to remotely access your matched or uploaded songs, and music videos you
have purchased with your Account, along with related metadata, playlists, and other information about
your iTunes Library ("iTunes Match Content").
You may subscribe to iTunes Match for an annual fee. You must have a valid credit card on file with
iTunes to subscribe. The subscription is non-refundable (except as required by applicable law), and
will automatically renew for one-year periods until you cancel. Your account will be charged no more
than 24 hours prior to the expiration of the current subscription period. You may cancel automatic
renewal by adjusting the iTunes Store account settings on your computer. You will no longer be able
to access your iTunes Match Content from iTunes Match after the end of your subscription period.
iTunes Match works with libraries that contain up to l 00,000 songs which are either (i) not currently
available on the iTunes Service, or (ii) not purchased from the iTunes Service with your Account. Songs
that do not meet certain quality criteria or that are not authorized for your computer are not eligible
for iTunes Match.
In order to set up and use iTunes Match, information about the media in your iTunes library, your
operating system and hardware identifiers, will be collected and associated with your Account on
Apple's servers. iTunes Match automatically scans the song files and collects other information that
may be used to identify media in your iTunes library, such as the names of songs, song artists or song
durations. iTunes Match will use this information to match songs to those currently available on the
iTunes Store, and will make matched songs available to you in a format then available on the iTunes
Store. If the song is not successfully matched, your copy of the song will be uploaded to Apple in the
same format or a format determined by Apple. Apple reserves the right to limit types of content
uploaded (for example, excessively large files). Matched or uploaded songs and related metadata will
be available for access from an Associated Device that has been enabled for iTunes Match. Association
of Associated Devices for iTunes Match is subject to the same terms as Automatic Delivery and
Downloading Previous Purchases, and uploaded or matched songs and related information are
deemed to be "iTunes Eligible Content." You may also access iTunes Match Content from compatible
Apple TVs, provided that you may only do so on a limited number of Apple TVs at the same time.
When you use iTunes Match, Apple will log information such as the tracks you play, stop or skip, the
devices you use, and the time and duration of playback. By using iTunes Match, you agree and consent
to Apple's and its subsidiaries' and agents' transmission, collection, maintenance, processing, and use
of this information, including your iTunes Match usage information, to report to licensors and pay
royalties, provide and improve iTunes features and services and other Apple products and services,
and as otherwise permitted in accordance with Apple's Privacy Policy, available here:
http: I lwww .apple.com;legal I privacy I.

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You hereby agree to use iTunes Match only for lawfully acquired content. Any use for illegitimate
content infringes the rights of others and may subject you to civil and criminal penalties, including
possible monetary damages, for copyright infringement.
iTunes Match is provided on an "AS IS" basis and may contain errors or inaccuracies that could cause
failures, corruption or loss of data and/or information, including music, playlist, and play history,
from your computer or device and from peripherals (including, without limitation, servers and other
computers) connected thereto. You should back up all data and information on your computer or
device and any peripherals prior to using iTunes Match. You expressly acknowledge and agree that all
use of iTunes Match is at your sole risk. To the extent permitted by law, Apple shall have no liability
with respect to your use of iTunes Match, including the inability to access matched or uploaded
content.
PRIVACY
The iTunes Service is subject to Apple's Privacy Policy at http://www.apple.com/legal/privacy/.
When you opt in to the Genius feature, Apple will, from time to time, automatically collect information
that can be used to identify media in your iTunes library on any Genius-enabled device, such as your
play history and playlists. This includes media purchased or acquired through iTunes and media
obtained from other sources. This information will be stored anonymously and will not be associated
with your name or Account. When you use the Genius feature, Apple will use this information and the
contents of your iTunes library, as well as other information, to give personalized recommendations to
you.
Apple may only use this information and combine it with aggregated information from the iTunes
libraries of other users who also opt in to this feature, your iTunes Store purchase history data,
aggregated purchase history data from other iTunes Store users, and other information obtained from
third parties, to:
· Create personalized playlists for you from your iTunes library.
· Provide you with recommendations regarding media and other products and services that you may
wish to purchase or acquire.
· Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with Apple's Privacy Policy.
Once you opt in to the Genius feature, you will be able to create Genius playlists on Genius-capable
devices.
If you prefer that we do not collect and use information from your iTunes library in this manner, you
should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the
Genius feature from the Store menu in iTunes on your computer or turning off Genius in the Settings
on your device. After you opt out, iTunes will no longer send information about your iTunes library to
Apple. If you have elected to share your library from multiple devices, you need to turn off the Genius
feature from each device.
By opting in to the Genius feature, you consent to the use of your information as described above and
as described in Apple's Privacy Policy.
CONTENT AVAILABILITY
Apple reserves the right to change content options (including eligibility for particular features) without
notice. For further information or concerns about closed captioning in specific content within the
iTunes Store, please email [e-mail]. You may also contact Thomas Montgomery,
Accessibility Response Engineer, 1 Infinite Loop, Cupertino, California 95014, Phone/Fax: [phone].
USE OF CONTENT
You agree that the iTunes Service and certain iTunes Products include security technology that limits
your use of iTunes Products and that, whether or not iTunes Products are limited by security
technology, you shall use iTunes Products in compliance with the applicable usage rules established
by Apple and its licensors ("Usage Rules"), and that any other use of the iTunes Products may
constitute a copyright infringement. Any security technology is an inseparable part of the iTunes
Products. Apple reserves the right to modify the Usage Rules at any time. You agree not to violate,
circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security

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technology related to such Usage Rules for any reason-or to attempt or assist another person to do
so. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple
reserves the right to enforce the Usage Rules without notice to you. You agree not to access the
iTunes Service by any means other than through software that is provided by Apple for accessing the
iTunes Service. You shall not access or attempt to access an Account that you are not authorized to
access. You agree not to modify the software in any manner or form, or to use modified versions of
the software, for any purposes including obtaining unauthorized access to the iTunes Service.
Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use iTunes Products only for personal, noncommercial use.
(ii) You shall be authorized to use iTunes Products on five iTunes-authorized devices at any time,
except for Content Rentals (see below).
(iii) You shall be able to store iTunes Products from up to five different Accounts at a time on
compatible devices, provided that each iPhone may sync tone iTunes Products with only a single
iTunes-authorized device at a time, and syncing an iPhone with a different iTunes-authorized device
will cause tone iTunes Products stored on that iPhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video iTunes Products or tone iTunes Products.
(vi) iTunes Plus Products do not contain security technology that limits your usage of such products,
and Usage Rules (ii)- (v) do not apply to iTunes Plus Products. You may copy, store, and burn iTunes
Plus Products as reasonably necessary for personal, noncommercial use.
(vii) You shall be able to manually sync a movie from at least one iTunes-authorized device to devices
that have manual sync mode, provided that the movie is associated with an Account on the primary
iTunes-authorized device, where the primary iTunes-authorized device is the one that was first
synced with the device or the one that you subsequently designate as primary using iTunes.
(viii) An HDCP connection is required to view content transmitted over HDMI.
(ix) Content Rentals
(a) Content rentals are viewable on only one device at a time. You must be connected to the iTunes
Service when moving rentals, and you may do so only between your computer and other compatible
devices. Content rented using your Apple TV, iPad, iPhone 4, or iPod touch (4th generation) may not
be moved. If you move a rental to a compatible device and then use the iTunes Service to restore that
device, or choose Settings > Reset > Erase all content and settings on that device, the rental will be
permanently deleted.
(b) Once you purchase a rental, you must fully download the rental within thirty (30) days. You have
thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have
twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not
extend the available time for viewing.
Some iTunes Products, including but not limited to Content rentals, may be downloaded only once and
cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage
iTunes Products once downloaded, and you may wish to back them up.
The delivery of iTunes Products does not transfer to you any commercial or promotional use rights in
the iTunes Products. Any burning or exporting capabilities are solely an accommodation to you and
shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any
content embodied in any iTunes Product.
You acknowledge that, because some aspects of the iTunes Service, iTunes Products, and
administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part
of or discontinues the iTunes Service, which Apple may do at its election, you may not be able to use
iTunes Products to the same extent as prior to such change or discontinuation, and that Apple shall
have no liability to you in such case.
SEASON PASS, MULTI-PASS, !TUNES PASS
The full price of the Season Pass, Multi-Pass, or iTunes Pass is charged upon purchase. You must
connect to the iTunes Service and download any remaining Pass content within 90 days after the final

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Pass content becomes available (or such other time period as may be specified on the purchase page),
after which that content may no longer be available for download as part of the purchase. If automatic
renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each
subsequent Multi-Pass cycle, unless and until you cancel automatic renewal prior to the beginning of
the subsequent Multi-Pass cycle (in the Manage Passes section of your Account information). If a
network or studio delivers fewer TV episodes than planned when you purchased a Season Pass, we will
credit to your Account the retail value of the corresponding number of episodes.
HIGH-DEFINITION (HD) ITUNES PRODUCTS
HD iTunes Products are viewable only on HD capable devices; however, HD iTunes Products purchased
(not rented) include a standard-definition version for use on non-HD devices.
SUBMISSIONS TO THE ITUNES SERVICE
The iTunes Service may offer interactive features that allow you to submit materials (including links to
third-party content) on areas of the iTunes Service accessible and viewable by the public. You agree
that any use by you of such features, including any materials submitted by you, shall be your sole
responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute
to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or
in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to
provide accurate and complete information in connection with your submission of any materials on
the iTunes Service. You hereby grant Apple a worldwide, royalty-free, nonexclusive license to use such
materials as part of the iTunes Service or in relation to iTunes Products, without any compensation or
obligation to you. Apple reserves the right to not post or publish any materials, and to remove or edit
any material, at any time in its sole discretion without notice or liability.
Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise
available on the iTunes Service, to investigate any reported or apparent violation of this Agreement,
and to take any action that Apple in its sole discretion deems appropriate, including, without
limitation, termination hereunder or under Apple's Copyright Policy
(http: I /WWW .apple. com/ legal/ copyright. html).
THIRD-PARTY MATERIALS
Certain content, iTunes Products, and services available via the iTunes Service may include materials
from third parties. Apple may provide links to third-party websites as a convenience to you. You agree
that Apple is not responsible for examining or evaluating the content or accuracy and Apple does not
warrant and will not have any liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third parties. You agree that you will not use any thirdparty materials in a manner that would infringe or violate the rights of any other party and that Apple
is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the iTunes Service, you may encounter material that you may deem to
be offensive, indecent, or objectionable, and that such content may or may not be identified as having
explicit material. Nevertheless, you agree to use the iTunes Service at your sole risk and Apple shall
have no liability to you for material that may be found to be offensive, indecent, or objectionable.
iTunes Product types and descriptions are provided for convenience, and you agree that Apple does
not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the iTunes
Service, you should always take frequent breaks, and take a longer rest if you experience any
soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or
blackouts when exposed to flashing lights or patterns, including but not limited to while playing video
games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of
awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the
products offered through the iTunes Service if you have ever suffered these or similar symptoms, and
stop using such products immediately and see a doctor if they occur during your use of such
products. Parents should monitor their children's use of the products offered through the iTunes
Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the iTunes Service, including but not limited to iTunes Products, graphics, user
interface, audio dips, video dips, editorial content, and the scripts and software used to implementD

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the iTunes Service, contains proprietary information and material that is owned by Apple and/or its
licensors, and is protected by applicable intellectual property and other laws, including but not limited
to copyright. You agree that you will not use such proprietary information or materials in any way
whatsoever except for use of the iTunes Service in compliance with this Agreement. No portion of the
iTunes Service may be reproduced in any form or by any means, except as expressly permitted in
these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
based on the iTunes Service in any manner, and you shall not exploit the iTunes Service in any
unauthorized way whatsoever, including, but not limited to, by trespass or burdening network
capacity.
Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to
change, suspend, remove, or disable access to any iTunes Products, content, or other materials
comprising a part of the iTunes Service at any time without notice. In no event will Apple be liable for
making these changes. Apple may also impose limits on the use of or access to certain features or
portions of the iTunes Service, in any case and without notice or liability.
All copyrights in and to the iTunes Service (including the compilation of content, postings, links to
other Internet resources, and descriptions of those resources) and related software are owned by
Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOF1WARE
OR ANY PART OF THE !TUNES SERVICE, EXCEPT FOR USE OF THE !TUNES SERVICE AS PERMITTED IN THIS
AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY
DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Apple, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used
in connection with the iTunes Service are trademarks or registered trademarks of Apple Inc. in the U.S.
and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with
the iTunes Service may be the trademarks of their respective owners. You are granted no right or
license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the iTunes Service in good standing, you may be provided with limited access
to download certain album cover art for music stored in the iTunes Library of your iTunes application.
Such access is provided as an accommodation only, and Apple does not warrant, and will not have any
liability or responsibility for, such album cover art or your use thereof. You may access album cover
art only for music for which you are the lawful owner of a legal copy. Album cover art is provided for
personal, noncommercial use only. You agree that you will not use album cover art in any manner that
would infringe or violate this Agreement or the rights of any other party, and that Apple is not in any
way responsible for any such use by you.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this
Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement
and/or your Account, and you will remain liable for all amounts due under your Account up to and
including the date of termination; and/or (ii) terminate the license to the software; and/or (iii)
preclude access to the iTunes Service (or any part thereof).
Apple reserves the right to modify, suspend, or discontinue the iTunes Service (or any part or content
thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third
party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ITUNES SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY
REMOVE THE !TUNES SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE !TUNES SERVICE AT
ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ITUNES SERVICE IS AT YOUR
SOLE RISK. THE !TUNES SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE
!TUNES SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,

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OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ITUNES SERVICE OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ITUNES SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE ITUNES SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE !TUNES SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH
INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU
FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE !TUNES SERVICE WILL BE FREE FROM LOSS,
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY
ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU
SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ITUNES PRODUCTS
PURCHASED, ACQUIRED OR RENTED FROM THE !TUNES STORE.
WAIVER AND INDEMNITY
BY USING THE !TUNES SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND
HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE !TUNES SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR
DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO
PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS
TO THE ITUNES SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A
SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS
DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES

Apple reserves the right at any time to modify this Agreement and to impose new or additional terms
or conditions on your use of the iTunes Service. Such modifications and additional terms and
conditions will be effective immediately and incorporated into this Agreement. Your continued use of
the iTunes Service will be deemed acceptance thereof.
MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Apple and governs your use of the
iTunes Service, superseding any prior agreements between you and Apple. You also may be subject to
additional terms and conditions that may apply when you use affiliate services, third-party content, or
third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's
failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any
other provision. Apple will not be responsible for failures to fulfill any obligations due to causes
beyond its control.
The iTunes Service is operated by Apple from its offices in the United States. You agree to comply with
all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use
of the iTunes Service. All transactions on the iTunes Service are governed by California law, without
giving effect to its conflict of law provisions. Your use of the iTunes Service may also be subject to
other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or
relating in any way to your use of the iTunes Service resides in the courts in the State of California.
Risk of loss and title for all electronically delivered transactions pass to the purchaser in California
upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary
this Agreement.
Apple may notify you with respect to the iTunes Service by sending an email message to your Account
email address or a letter via postal mail to your Account mailing address, or by a posting on the

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iTunes Service. Notices shall become effective immediately.
Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right,
without liability to you, to disclose any Registration Data and/or Account information to law
enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably
necessary or appropriate to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Apple's right to cooperate with any legal process relating to your use of
the iTunes Service and/or iTunes Products, and/or a third-party claim that your use of the iTunes
Service and/or iTunes Products is unlawful and/or infringes such third party's rights).
C. MAC APP STORE, APP STORE, APP STORE FOR APPLE TV, AND IBOOKS STORE TERMS AND
CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE MAC
APP STORE, APP STORE, APP STORE FOR APPLE TV, AND IBOOKS STORE SERVICES (THE "APP AND BOOK
SERVICES").
THE MAC APP STORE, APP STORE, APP STORE FOR APPLE TV AND IBOOKS STORE SERVICES
Apple is the provider of the App and Book Services that permit you to license software products and
digital content (the "App and Book Products") for end user use only under the terms and conditions set
forth in this Agreement. For App Store Products (defined below), end users may be individuals acting
in their own capacities, commercial enterprises or educational institutions.
REQUIREMENTS FOR USE OF THE APP AND BOOK SERVICES
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can
be created by a parent or legal guardian using Family Sharing or by an approved educational
institution. Children under the age of majority should review this Agreement with their parent or
guardian to ensure that the child and the parent or legal guardian understand it.
The App and Book Services are available to you only in the United States, its territories, and
possessions. You agree not to use or attempt to use the App and Book Services from outside these
locations. Apple may use technologies to verify your compliance.
Use of the App and Book Services requires compatible devices, Internet access, and certain software
(fees may apply); may require periodic updates and/or on-demand download of content based on app
usage and resource constraints (which may use cellular data); and may be affected by the performance
of these factors. High-speed Internet access is strongly recommended. The latest version of required
software (including, but not limited to iOS, iTunes and/or Mac App Store software) is recommended to
access the App and Book Services and may be required for certain transactions or features and to
download App and Book Products previously purchased or acquired from the App and Book Services.
You agree that meeting these requirements, which may change from time to time, is your
responsibility. The App and Book Services are not part of any other product or offering, and no
purchase or obtaining of any other product shall be construed to represent or guarantee you access to
the App and Book Services.
YOUR ACCOUNT
As a registered user of the App and Book Services, you may establish an account ("Account"). Don't
reveal your Account information to anyone else. You are solely responsible for maintaining the
confidentiality and security of your Account, and for all activities that occur on or through your
Account, and you agree to immediately notify Apple of any security breach of your Account. Apple
shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download App and Book Products from the App and Book Services, you must
enter your Apple ID and password or use Touch ID to authenticate your Account for transactions. Once
you have authenticated your Account using your Apple ID and password, you will not need to
authenticate again for fifteen minutes; during this time, you will be able to purchase and download
App and Book Products without re-entering your password. You may also choose to require entry of
your password for each transaction and, separately to have your device remember your password for
free transactions only. You can turn off the ability to make App and Book Product transactions or
change settings to require a password for every App and Book Product transaction by adjusting the
settings on your device. For more information, please see http://support.apple.com/kb/HT1904 and
http:/ ;support.apple.comjkb/HT4213.
You agree to provide accurate and complete information when you register with, and as you use, the
App and Book Services ("App and Book Registration Data"), and you agree to update your App and

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Book Registration Data to keep it accurate and complete. You agree that Apple may store and use the
App and Book Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire App and Book Products (excluding products acquired from the Mac App Store)
through the App and Book Services (collectively, "Eligible Content"), you may elect to automatically
receive ("auto-download") copies of such Eligible Content on additional compatible Apple-branded
hardware with compatible software by associating such hardware subject to the association rules
below (each, an "Associated Device"). For each Associated Device, you may specify which type of
Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of
receiving push notifications ("Push-Enabled"), including iOS Devices, the Eligible Content will autodownload to that Associated Device when it has an Internet connection; on an Associated Device that
is not Push-Enabled, including those running on the Windows operating system, Eligible Content will
automatically appear in the download queue and you may manually initiate the download within
iTunes.
As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of
such previously-acquired Eligible Content onto any Associated Device. Some Eligible Content that you
previously acquired may not be available for subsequent download at any given time, and Apple shall
have no liability to you in such event. As you may not be able to subsequently download certain
previously-acquired Eligible Content, once you download an item of Eligible Content, it is your
responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Eligible Content or download previously-acquired Eligible Content from an
Account on up to 10 Associated Devices, provided no more than 5 are iTunes-authorized computers.

(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it
is free on the App and Book Services, but on no more than 5 iTunes-authorized computers.
The above terms (i) to (iv) do not apply to App Store Products.
Some pieces of Eligible Content may be large or may initiate the ongoing delivery of content based on
usage and resource constraints, and significant data charges may result from delivery of such Eligible
Content over a data connection.
AUTOMATIC DELIVERY OF UPDATES
Your device or computer will periodically check with the App Store, App Store for Apple TV and Mac
App Store for updates to the apps on your device or computer and, if available, the update may
automatically download and install. Certain App Store Products may also download additional content,
such as game levels or chapters, on an on-going basis based on usage and resource constraints. You
agree that Apple, through the App Store, App Store for Apple TV and Mac App Store, may
automatically download and install updates and content onto your device(s) or computer. You can turn
off automatic updates altogether at any time by changing the automatic updates settings on your
device or computer. To prevent the download of on-demand content within an App Store Product,
delete the App Store Product from your device.
APP BUNDLES
Some App Store Products may contain multiple items ("App Bundles"). The price displayed with an App
Bundle is the price you will be charged upon purchasing the App Bundle. The App Bundle price may be
reduced to account for App Store Products you have already purchased or acquired, but may include a
minimum charge to complete the App Bundle.
PRIVACY
The App and Book Services are subject to Apple's Privacy Policy at
http://www.apple.com/legal/privacy/.
USE OF APP AND BOOK PRODUCTS AND THE APP AND BOOK SERVICES

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You agree that the App and Book Services and certain App and Book Products include security
technology that limits your use of App and Book Products and that, whether or not App and Book
Products are limited by security technology, you shall use App and Book Products in compliance with
the applicable usage rules established by Apple and its principals ("Usage Rules"), and that any other
use of the App and Book Products may constitute a copyright infringement. Any security technology is
an inseparable part of the App and Book Products. Apple reserves the right to modify the Usage Rules
at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or
otherwise tamper with any of the security technology related to such Usage Rules for any reason-or
to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Apple
for compliance purposes, and Apple reserves the right to enforce the Usage Rules without notice to
you. You agree not to access the App and Book Services by any means other than through software
that is provided by Apple for accessing the App and Book Services. You shall not access or attempt to
access an Account that you are not authorized to access. You agree not to modify the software in any
manner or form, or to use modified versions of the software, for any purposes including obtaining
unauthorized access to the App and Book Services. Violations of system or network security may result
in civil or criminal liability.
The delivery of App and Book Products does not transfer to you any promotional use rights in the App
and Book Products.
You acknowledge that, because some aspects of the App and Book Services, App and Book Products,
and administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any
part of or discontinues the App and Book Services, which Apple may do at its election, you may not be
able to use App and Book Products to the same extent as prior to such change or discontinuation, and
that Apple shall have no liability to you in such case.
SUBMISSIONS TO THE APP AND BOOK SERVICES
The App and Book Services may offer interactive features that allow you to submit materials (including
links to third-party content) on areas of the App and Book Services accessible and viewable by other
users of the App and Book Services and the public. You agree that any use by you of such features,
including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate
the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise
unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you
have obtained all necessary rights and licenses. You agree to provide accurate and complete
information in connection with your submission of any materials on the App and Book Services. You
hereby grant Apple a worldwide, royalty-free, nonexclusive license to use such materials as part of the
App and Book Services or in relation to App and Book Products, without any compensation or
obligation to you. Apple reserves the right to not post or publish any materials, and to remove or edit
any material, at any time in its sole discretion without notice or liability. You may not submit reviews
or ratings for App Store Products downloaded using a promotional Content Code.
Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise
available on the App and Book Services, to investigate any reported or apparent violation of this
Agreement, and to take any action that Apple in its sole discretion deems appropriate, including,
without limitation, termination hereunder or under Apple's Copyright Policy
(http: I /www.apple.com/legal/ copyright.html).
THIRD-PARTY MATERIALS
Certain content, App and Book Products, and services available via the App and Book Services may
include materials from third parties. Apple may provide links to third-party websites as a convenience
to you. You agree that Apple is not responsible for examining or evaluating the content or accuracy
and Apple does not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third parties. You agree that
you will not use any third-party materials in a manner that would infringe or violate the rights of any
other party and that Apple is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the App and Book Services, you may encounter material that you may
deem to be offensive, indecent, or objectionable, and that such content may or may not be identified
as having explicit material. Nevertheless, you agree to use the App and Book Services at your sole risk
and Apple shall have no liability to you for material that may be found to be offensive, indecent, or
objectionable. App and Book Product types and descriptions are provided for convenience, and you
agree that Apple does not guarantee their accuracy.
INTELLECTUAL PROPERTY

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You agree that the App and Book Services, including but not limited to App and Book Products,
graphics, user interface, audio clips, editorial content, and the scripts and software used to implement
the App and Book Services, contain proprietary information and material that is owned by Apple
and/or its principals, and is protected by applicable intellectual property and other laws, including but
not limited to copyright. You agree that you will not use such proprietary information or materials in
any way whatsoever except for use of the App and Book Services in compliance with this Agreement.
No portion of the App and Book Services may be reproduced in any form or by any means, except as
expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the App and Book Services in any manner, and you shall not exploit
the App and Book Services in any unauthorized way whatsoever, including, but not limited to, by
trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Apple and its principals reserve the right to
change, suspend, remove, or disable access to any App and Book Products, content, or other materials
comprising a part of the App and Book Services at any time without notice. In no event will Apple be
liable for making these changes. Apple may also impose limits on the use of or access to certain
features or portions of the App and Book Services, in any case and without notice or liability.
All copyrights in and to the App and Book Services (including the compilation of content, postings,
links to other Internet resources, and descriptions of those resources) and related software are owned
by Apple and/or its principals, who reserve all their rights in law and equity. THE USE OF THE
SOFTWARE OR ANY PART OF THE APP AND BOOK SERVICES, EXCEPT FOR USE OF THE APP AND BOOK
SERVICES AS PERMITIED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Apple, the Apple logo, iTunes, App Store, and other Apple trademarks, service marks, graphics, and
logos used in connection with the App and Book Services are trademarks or registered trademarks of
Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos
used in connection with the App and Book Services may be the trademarks of their respective owners.
You are granted no right or license with respect to any of the aforesaid trademarks and any use of
such trademarks.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this
Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement
and/or your Account, and you will remain liable for all amounts due under your Account up to and
including the date of termination; and/or (ii) terminate the license to the software; and/or (iii)
preclude access to the App and Book Services (or any part thereof).
Apple reserves the right to modify, suspend, or discontinue the App and Book Services (or any part or
content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any
third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP AND BOOK
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE
MAY REMOVE THE APP AND BOOK SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP
AND BOOK SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND BOOK SERVICES IS AT
YOUR SOLE RISK. THE APP AND BOOK SERVICES AND ALL PRODUCTS AND APP AND BOOK SERVICES
DELIVERED TO YOU THROUGH THE APP AND BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY
APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES
MAY NOT APPLY TO YOU.
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE APP AND
BOOK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP AND
BOOK SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR
PRODUCD POSTED, TRANSMITIED, OR OTHERWISE MADE AVAILABLE VIA THE APP AND BOOK

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SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE APP AND BOOK SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH
INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU
FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE APP AND BOOK SERVICES WILL BE FREE FROM
LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING
UP YOUR OWN SYSTEM, INCLUDING ANY APP AND BOOK PRODUCTS PURCHASED OR ACQUIRED FROM
THE APP AND BOOK SERVICES.
WAIVER AND INDEMNITY
BY USING THE APP AND BOOK SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO
INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT
OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APP AND BOOK SERVICES, OR ANY ACTION
TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A
RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO
WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APP AND BOOK SERVICES, OR TO TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF
APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND
INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS
AGREEMENT.
CHANGES
Apple reserves the right at any time to modify this Agreement and to impose new or additional terms
or conditions on your use of the App and Book Services. Such modifications and additional terms and
conditions will be effective immediately and incorporated into this Agreement. Your continued use of
the App and Book Services will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Apple and governs your use of the
App and Book Services, superseding any prior agreements between you and Apple. You also may be
subject to additional terms and conditions that may apply when you use affiliate services, certain App
and Book Products, third-party content, or third-party software. If any part of this Agreement is held
invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will
not constitute a waiver of such or any other provision. Apple will not be responsible for failures to
fulfill any obligations due to causes beyond its control.
The App and Book Services are operated by Apple from its offices in the United States. You agree to
comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply
to your use of the App and Book Services. All transactions on the App and Book Services are governed
by California law, without giving effect to its conflict of law provisions. Your use of the App and Book
Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any
claim or dispute with Apple or relating in any way to your use of the App And Book Services resides in
the courts in the State of California. Risk of loss and title for all electronically delivered transactions
pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee
or agent has the authority to vary this Agreement.
Apple may notify you with respect to the App and Book Services by sending an email message to your
Account email address or a letter via postal mail to your Account mailing address, or by posting on
the App and Book Services. Notices shall become effective immediately.
Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right,

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without liability to you, to disclose any Registration Data and/or Account information to law
enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably
necessary or appropriate to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Apple's right to cooperate with any legal process relating to your use of
the App and Book Services and/or App and Book Products, and/or a third-party claim that your use of
the App and Book Services and/or App and Book Products is unlawful and/or infringes such third
party's rights).
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement,
such as, by way of example, all or part of the indemnification section, is invalid or unenforceable
against you because of applicable state or federal law, then that portion shall be deemed invalid or
unenforceable, as the case may be, and instead construed in a manner most consistent with applicable
governing law. If California law is precluded, this Agreement shall be construed under the laws of the
state in which your public educational or government institution is located.
ADDITIONAL MAC APP STORE AND APP STORE TERMS AND CONDITIONS
LICENSE OF MAC APP STORE AND APP STORE PRODUCTS
The software products made available through the Mac App Store and App Store (collectively, the ''App
Store Products") are licensed, not sold, to you. There are two (2) categories of App Store Products, as
follows: (i) those App Store Products that have been developed, and are licensed to you, by Apple
("Apple Products"); and (ii) those App Store Products that have been developed, and are licensed to
you, by a third-party developer ("Third-Party Products"). The category of a particular App Store
Product (Apple Product or Third-Party Product) is identified on the Mac App Store application or App
Store application.
Your license to each App Store Product is subject to the Licensed Application End User License
Agreement set forth below, and you agree that such terms will apply unless the App Store Product is
covered by a valid end user license agreement entered into between you and the licensor of that App
Store Product (the "Application Provider"), in which case the Application Provider's end user license
agreement will apply to that App Store Product. The Application Provider reserves all rights in and to
the App Store Product not expressly granted to you.
You acknowledge that the license to each Apple Product that you obtain through the App Store
Services, as defined below, or you associate with your Account, is a binding agreement between you
and Apple. You acknowledge that: you are acquiring the license to each Third-Party Product from the
Application Provider; Apple is acting as agent for the Application Provider in providing each such
Third-Party Product to you; and Apple is not a party to the license between you and the Application
Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product
is solely responsible for that Third-Party Product, the content therein, any warranties to the extent
that such warranties have not been disclaimed, and any claims that you or any other party may have
relating to that Third-Party Product.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the
Licensed Application End User License Agreement or the Application Provider's end user license
agreement, as the case may be, for each Third-Party Product. You also agree that, upon your
acceptance of the terms and conditions of the license to any such Third-Party Product, Apple will have
the right (and will be deemed to have accepted the right) to enforce such license against you as a
third-party beneficiary thereof.
IN-APP PURCHASES
Certain App Store Products may include functionality that enables you to receive additional services, or
licenses to additional functionality or content for use within the App Store Product ("In App
Purchases"). In App Purchases that are consumed during the use of the App Store Product (for
example, virtual ammunition) cannot be transferred among devices; can be downloaded only once;
and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and
received by you, Apple shall be without liability to you in the event of any loss, destruction, or
damage. Allin App Purchases are deemed App Store Products, and In App Purchases received within
Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these
terms and conditions.
You must authenticate to acquire ln-App Purchases separately from any authentication to obtain App
Store Products by entering your password when prompted, but once you have authenticated to obtain
an ln-App Purchase, you will be able to acquire additionalln-App Purchases for fifteen minutes

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without re-entering your password. You can turn off the ability to acquire ln-App Purchases on your
iOS Device by following the steps outlined at http:// support.apple.com; kb/ HT421 3.
IN-APP SUBSCRIPTIONS
Certain App Store Products may include functionality that enables you to acquire content on a
subscription basis ("In App Subscriptions"). Paid In App Subscriptions are non-refundable. In App
Subscriptions will automatically renew for the applicable time period you have selected, and, where
applicable, your Account will be charged no more than 24-hours prior to the expiration of the current
In App Subscription period. You may cancel automatic renewal of paid In App Subscriptions by
selecting Manage App Subscriptions in your Account and selecting the subscription you want to
modify. In the event of a price increase, the In App Subscription may continue at the new price upon
prior notice to you unless you have cancelled automatic renewal. You may cancel free In App
Subscriptions by deleting the App Store Product from your device. Certain paid In App Subscriptions
may offer a free trial period prior to charging your Account. If you decide you do not want to purchase
the In App Subscription, turn off auto-renewal in your Account settings during the free trial period.
Certain In App Subscriptions may be designated as magazine and newspaper products. You should
review additional information about the magazine and newspaper subscription offer at the point of
sale within the App Store Product. We may ask for your permission to provide the name, email address
and zip code listed in your Account to the Application Provider of such magazine and newspaper
subscriptions so that the Application Provider can send you marketing messages about its own
products in accordance with its publicly posted privacy policy. Once the Application Provider has this
information, it will be treated in accordance with the Application Provider's privacy policy. We
encourage you to learn about the privacy practices of the Application Provider before agreeing to give
it your personal information. For more information, please review the Application Provider's privacy
policy or contact the Application Provider directly.
POPULAR NEAR ME
When you opt in to Popular Near Me via enabling Location Services, Apple will, from time to time,
automatically collect information related to certain of your App Store Products, such as your time
spent with each App Store Product and the number of times each App Store Product is launched. This
information is stored anonymously and will not be associated with your name or Account. Apple will
use this information, as well as other information, such as your App Store Product download history,
to give personalized recommendations to you.
Apple may use this information and combine it with aggregated information from
other users who opt in to this feature, your iTunes Store purchase history data, your App Store
download data, aggregated App Store Product download data from other users, and other information
like customer ratings of App Store Products, to:
· Provide you with recommendations regarding App Store Products, media, and other products and
services that you may wish to purchase, download, or use.
· Provide recommendations to other users.
At all times your information will be treated in accordance with Apple's Privacy Policy.
If you prefer that we do not collect and use information from your device or system in this manner,
you should not enable Location Services or use Popular Near Me . You can opt out at any time by
turning off Popular Near Me in the System Services menu of the Location Services settings on your
device.
MAC APP STORE PRODUCT USAGE RULES
Except as otherwise set forth herein,
{i) If you are an individual acting in your personal capacity, you may download and use an application

from the Mac App Store ("Mac App Store Product") for personal, non-commercial use on any Applebranded products running Mac OS X ("Mac Computer") that you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download a Mac App Store
Product for use by either (a) a single individual on each of the Mac Computer(s) used by that individual
that you own or control or (b) multiple individuals on a single shared Mac Computer that you own or
control. For example, a single employee may use a Mac App Store Product on both the employee's
desktop Mac Computer and laptop Mac Computer, or multiple students may serially use a Mac App
Store Product on a single Mac Computer located at a resource center or library. For the sake of clarity,
each Mac Computer used serially by multiple users requires a separate license.
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(iii) Use may require sign-in with the Apple ID used to download the Mac App Store Product from the
Mac App Store. Mac App Store Products can be updated through the Mac App Store only.
APP STORE AND APP STORE FOR APPLE TV PRODUCT USAGE RULES
(i) If you are an individual acting in your personal capacity, you may download and sync an App Store
Product for personal, noncommercial use on any iOS or tvOS Device you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download and sync an App
Store Product for use by either (a) a single individual on one or more iOS or tvOS Devices used by that
individual that you own or control or (b) multiple individuals, on a single shared iOS or tvOS Device
you own or control. For example, a single employee may use an App Store Product on both the
employee's iPhone and iPad, or multiple students may serially use an App Store Product on a single
iPad located at a resource center or library. For the sake of clarity, each iOS or tvOS Device used
serially or collectively by multiple users requires a separate license.
(iii) You shall be able to store App Store Products from up to five different Accounts at a time on a
compatible iOS or tvOS Device.
(iv) You shall be able to manually sync App Store Products from at least one iTunes-authorized device
to iOS Devices that have manual sync mode, provided that the App Store Product is associated with an
Account on the primary iTunes-authorized device, where the primary iTunes-authorized device is the
one that was first synced with the iOS Device or the one that you subsequently designate as primary
using the iTunes application.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks
from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very
small percentage of people may experience seizures or blackouts when exposed to flashing lights or
patterns, including while playing video games or watching videos. Symptoms may include dizziness,
nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other
discomforts. Consult a doctor before playing video games if you have ever suffered these or similar
symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents
should monitor their children's video game play for signs of symptoms.
MAC APP STORE AND APP STORE PRODUCT MAINTENANCE AND SUPPORT
Apple will be responsible for providing any maintenance and support services with respect to the
Apple Products only, as specified in the Licensed Application End User License Agreement or the
separate end user license agreement, as the case may be, or as required under applicable law. The
Application Provider of any Third-Party Product will be solely responsible for providing maintenance
and support services with respect to that Product, as specified in the Licensed Application End User
License Agreement or the Application Provider end user license agreement, as the case may be, or as
required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Mac App Store Products,App Store Products and App Store for Apple TV Products (collectively,
"App Store Product(s)") made available through the Mac App Store Service,App Store Service and App
Store for Apple TV Service (collectively, "App Store Service(s)") are licensed, not sold, to you. Your
license to each App Store Product that you obtain through the App Store Services or associate with
your Account is subject to your prior acceptance of this Licensed Application End User License
Agreement ("Standard EULA"), and you agree that the terms of this Standard EULA will apply to each
App Store Product that you license through the App Store Service, unless that App Store Product is
covered by a valid end user license agreement between you and the Application Provider of that App
Store Product, in which case the terms of that separate end user license agreement will govern. Your
license to any Apple Product under this Standard EULA or separate end user license agreement is
granted by Apple, and your license to any Third-Party Product under this Standard EULA or separate
end user license agreement is granted by the Application Provider of that Third-Party Product. Any
App Store Product that is subject to the license granted under this Standard EULA is referred to herein
as the "Licensed Application". The Application Provider or Apple as applicable ("Licensor") reserves all
rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a
nontransferable license to use the Licensed Application on any Apple-branded products running iOS
(including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices"), Mac OS X ("Mac
Computers"), Apple Watch, and Apple TV, as applicable (collectively, "Apple Device(s)") that you own or
control and as permitted by the usage rules set forth in the Mac App Store, App Store and iBooks Sttf

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Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Licensed
Application on any Apple Device that you do not own or control, and except as provided in the Usage
Rules, you may not distribute or make the Licensed Application available over a network where it could
be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute,
or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must
remove the Licensed Application from the Apple Device before doing so. You may not copy (except as
expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble,
attempt to derive the source code of, modify, or create derivative works of the Licensed Application,
any updates, or any part thereof (except as and only to the extent that any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the licensing terms governing
use of any open-sourced components included with the Licensed Application). Any attempt to do so is
a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be
subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or
supplement the original Licensed Application, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related
information-including but not limited to technical information about your device, system and
application software, and peripherals-that is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related to the Licensed
Application. Licensor may use this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this
license will terminate automatically without notice from the Licensor if you fail to comply with any
term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed
Application and destroy all copies, full or partial, of the Licensed Application.
d. External Services; Third-Party Materials. The Licensed Application may enable access to Licensor's
and/or third-party services and websites (collectively and individually, "External Services"). Use of the
External Services requires Internet access and use of certain External Services requires you to accept
additional terms. By using this software in connection with an iTunes Store account, you agree to the
latest iTunes Store Terms and Conditions and Usage Rules, which you may access and review at
http: //www.apple.com/legal/internet-services/itunes/ww /.
You understand that by using any of the External Services, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified as having
explicit language, and that the results of any search or entering of a particular URL may automatically
and unintentionally generate links or references to objectionable material. Nevertheless, you agree to
use the External Services at your sole risk and that neither the Licensor nor its agents shall have any
liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information,
applications or materials from third parties ("Third Party Materials") or provide links to certain third
party web sites. By using the External Services, you acknowledge and agree that neither the Licensor
nor its agents is responsible for examining or evaluating the content, accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third
Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not
assume and will not have any liability or responsibility to you or any other person for any third-party
services, Third Party Materials or web sites, or for any other materials, products, or services of third
parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only
and should not be relied upon as investment advice. Before executing any securities transaction based
upon information obtained through the External Services, you should consult with a financial or
securities professional who is legally qualified to give financial or securities advice in your country or
region. Medical information displayed by any App Store Product or External Service is for general
information purposes only and should not be relied upon for medical diagnostic or treatment advice
except as directed by a doctor. You should consult with a medical professional before relying on
medical information available in an App Store Product. Location data provided by any External Services
is for basic navigational purposes only and is not intended to be relied upon in situations where
precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete
location data may lead to death, personal injury, property or environmental damage. Neither the
Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy,
completeness, reliability, or timeliness of stock information, location data or any other data displayed
by any External Services.

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You agree that the External Services contain proprietary content, information and material that is
owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property
and other laws, including but not limited to copyright, and that you will not use such proprietary
content, information or materials in any way whatsoever except for permitted use of the External
Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes
any intellectual property rights of a third party or Apple. No portion of the External Services may be
reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the External Services, in any manner, and you shall not exploit the
External Services in any unauthorized way whatsoever, including but not limited to, using the External
Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or
burdening network capacity. You further agree not to use the External Services in any manner to
harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party,
and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any
harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you
may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or
linked to from the Apple Devices are not available in all languages or in all countries or regions.
Licensor makes no representation that such External Services and Materials are appropriate or
available for use in any particular location. To the extent you choose to use or access such External
Services and Materials, you do so at your own initiative and are responsible for compliance with any
applicable laws, including but not limited to applicable local laws. Licensor reserves the right to
change, suspend, remove, or disable access to any External Services at any time without notice. In no
event will Licensor be liable for the removal of or disabling of access to any such External Services.
Licensor may also impose limits on the use of or access to certain External Services, in any case and
without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE
LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH All FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS All WARRANTIES AND CONDITIONS
WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED
APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE
LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED
APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST
OF All NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE
LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all
damages (other than as may be required by applicable law in cases involving personal injury) exceed
the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by
United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In
particular, but without limitation, the Licensed Application may not be exported or re-exported (a)
into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially
Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By
using the Licensed Application, you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use these products for any purposes

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prohibited by United States law, including, without limitation, the development, design, manufacture,
or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is
defined at 48 C.F.R. §2.1 01, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R.
§22 7.7202, as applicable. Consistent with 48 C.F.R. § 12.21 2 or 48 C.F.R. §227. 7202-1 through
22 7. 7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the terms and conditions
herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your
use of the Licensed Application. Your use of the Licensed Application may also be subject to other
local, state, national, or international laws.
ADDITIONAL !BOOKS STORE TERMS AND CONDITIONS
PURCHASE OF !BOOKS STORE PRODUCTS
You acknowledge that you are purchasing the content made available through the iBooks Store Service
(the "iBooks Store Products") from the third-party provider of that iBooks Store Product (the
"Publisher"); Apple is acting as agent for the Publisher in providing each such iBooks Store Product to
you; Apple is not a party to the transaction between you and the Publisher with respect to that iBooks
Store Product; and the Publisher of each iBooks Store Product reserves the right to enforce the terms
of use relating to that iBooks Store Product. The Publisher of each iBooks Store Product is solely
responsible for that iBooks Store Product, the content therein, any warranties to the extent that such
warranties have not been disclaimed, and any claims that you or any other party may have relating to
that iBooks Store Product or your use of that iBooks Store Product.
!BOOKS STORE PRODUCT USAGE RULES
(i) You shall be authorized to use the iBooks Store Products only for personal, noncommercial use.

(ii) You shall be able to store iBooks Store Products from up to five different Accounts at a time on
certain iOS-based devices, such as an iPad, iPod touch, or iPhone.
(iii) You shall be able to store iBooks Store Products on five iTunes-authorized devices at any time.
(iv) The delivery of iBooks Store Products does not transfer to you any promotional use rights in the
iBooks Store Products or any rights to burn the iBooks Store Products to disc.
(v) You shall be able to manually sync iBooks Store Products from at least one iTunes-authorized
device to devices that have manual sync mode, provided that the iBooks Store Product is associated
with an Account on the primary iTunes-authorized device, where the primary iTunes-authorized
device is the one that was first synced with the device or the one that you subsequently designate as
primary using iTunes.
D. APPLE MUSIC TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE APPLE
MUSIC SERVICE AND ANY FEATURES ACCESSIBLE THEREFROM (THE "APPLE MUSIC SERVICE").
THE APPLE MUSIC SERVICE
Apple is the provider of the Apple Music Service, which permits you to access digital music and other
content ("Apple Music Products") for end user use only under the terms and conditions set forth in this
Agreement.
REQUIREMENTS FOR USE OF THE APPLE MUSIC SERVICE
The Apple Music Service is only available to individuals aged at least 13 years (or equivalent minimum
age based on local law), unless your Apple ID was provided to you as a result of a request by an
approved educational institution or established as part of the Family Sharing feature by your parent or
guardian. Children under the age of majority should review this Agreement with their parent or
guardian to ensure that the child and parent or legal guardian understand it. We do not knowingly
collect, use or disclose personal information from children under 13, or equivalent minimum age in
the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also

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remind any minors that conversing with strangers on the Internet can be dangerous and take
appropriate precautions to protect children, including monitoring their use of the Apple Music Service.
The Apple Music Service is available to you only in the United States, its territories, and possessions.
You agree not to use or attempt to use the Apple Music Service from outside these locations. Apple
may use technologies to verify your compliance.
Use of the Apple Music Service requires a compatible device, Internet access, and certain software;
may require periodic updates; and may be affected by the performance of these factors. High-speed
Internet access is strongly recommended for regular use and is required for video; access or cellular
data fees may apply. Requires iOS 8.4, iTunes 12.2 or Android 4.1 or later. The latest version of
required software is recommended and may be required for certain transactions or features. You
agree that meeting these requirements, which may change from time to time, is your responsibility.
YOUR APPLE MUSIC ACCOUNT
As a registered user of the Apple Music Service, you may establish an Account as set forth in, and
subject to the terms of, the "Your Account" paragraph of the iTunes Store Terms and Conditions. In
order to use some features of the Apple Music Service, you must enter your Apple ID and password or
use Touch ID to authenticate your Account. You agree to provide accurate and complete iTunes
Registration Data when you register with, and as you use, the Apple Music Service.
Apple logs information about your use of the Apple Music Service. This information includes, but is
not limited to, the Apple Music Products you listen to (including whether you skip or stop) and the
length of your listening session. Apple may also collect device information such as IP address, device
type, operating system version and type, and unique device identifiers. Any music preference
information you provide to Apple will also be stored in association with your Account. This
information will be used by Apple for purposes such as providing the Apple Music Service,
personalizing our recommendations to you, reporting to licensors and paying royalties, customizing
and improving Apple products and Services including the Apple Music Service, providing relevant
advertising, protecting against fraud and enforcing this Agreement.
By using the Apple Music Service, you agree and consent to Apple's and its subsidiaries' and agents'
transmission, collection, maintenance, processing, and use of this information for the aforementioned
purposes and as otherwise permitted in accordance with Apple's Privacy Policy, available here:
http: I lwww .apple.coml legal I privacy I.
APPLE MUSIC SUBSCRIPTION
If you buy a subscription to the Apple Music Service (an "Apple Music Subscription"), Apple will
automatically charge the payment method associated with your Apple ID or the payment method
associated with your Family Sharing Organizer's account on a recurring basis until you turn off
automatic renewal. You may turn off automatic renewal of your Apple Music Subscription at any time
in the Account Settings menu on your device or computer, or in the Settings app on your device. If you
turn off automatic renewal, you will continue to have access to the Apple Music Service for the
remainder of your Apple Music Subscription term. When your Apple Music Subscription term ends, you
will lose access to any feature of the Apple Music Service that requires an Apple Music Subscription,
including but not limited to access to Apple Music Products accessible through the Apple Music
Service or stored on your device, and any songs stored in your iCioud Music Library. Apple Music
Subscription purchases are final. Your payment method will be charged no more than 24 hours prior
to the expiration of the current Apple Music Subscription period.
To be eligible for an Apple Music Subscription at the family rate (where available), you must be
enrolled in Family Sharing. If you are a Family Organizer, you agree that Apple will automatically
charge your payment method on a recurring basis for any Apple Music Subscription purchases
initiated by your Family members until automatic renewal is turned off on the applicable Family
member's device or computer.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL APPLE MUSIC SUBSCRIPTION FEES AND FOR
PROVIDING APPLE WITH A VALID PAYMENT METHOD. If Apple is unable to successfully charge your
payment method for Apple Music Subscription fees due, Apple reserves the right to cancel your Apple
Music Subscription. If your Apple Music Subscription is cancelled, you will lose access to any feature of
the Apple Music Service that requires an Apple Music Subscription.
If you want to designate a different payment method or if there is a change in your payment method
status, you must change your information in the Account Settings menu on your device or computer;
this may temporarily disrupt your access to the Apple Music Service while Apple verifies your new
payment information.

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We may contact you via email or push notification regarding your Account or any Apple Music Service
feature, for reasons including, without limitation, that your Apple Music Subscription will not
automatically renew or will be cancelled.
Where available, you may be offered an Apple Music Subscription through your carrier (a "Carrier
Subscription"). If you purchase a Carrier Subscription, your carrier will bill you for the cost of your
Apple Music Subscription. Your relationship with the carrier is governed by the carrier's terms and
conditions, not this Agreement, and any disputes related to a Carrier Subscription must be directed to
your carrier, not Apple. By using the Apple Music Service, you agree that your carrier may exchange
your carrier account information, telephone number and subscription information with Apple, and
Apple may use this information to determine the status of your Carrier Subscription.
!CLOUD MUSIC LIBRARY
The iCioud Music Library feature is available to Apple Music subscribers who log in with an Apple ID.
iCioud Music Library stores and permits you to remotely access songs and music videos purchased
from the iTunes Store and other songs, along with related metadata, playlists, and other information
from your other Apple Music-enabled devices. iCioud Music Library is turned on automatically when
you set up your Apple Music Subscription. You will be prompted to enable iCioud Music Library when
you log in to Apple Music on additional devices. You can enable iCioud Music Library in the Apple
Music app settings on your device and in iTunes General Preferences on your computer. You can store
up to 100,000 songs in iCioud Music Library. Songs purchased from the iTunes Store do not count
against this limit. Songs that do not meet certain criteria or that are not authorized for your device or
computer are not eligible for iCioud Music Library. You will not be able to access content stored in
your iCioud Music Library when your Apple Music Subscription ends, but you can download songs that
were previously acquired from the iTunes Store as set forth in, and subject to the terms of, the
"Automatic Delivery and Downloading Previous Purchases" paragraph of the iTunes Store Terms and
Conditions. You hereby agree to use iCioud Music Library only for lawfully acquired content. Any use
for illegitimate content infringes the rights of others and may subject you to civil and criminal
penalties, including possible monetary damages, for copyright infringement.
When you set up your Apple Music Subscription or enable iCioud Music Library, Apple Music will scan
the song files on your device or computer and collect other information that may be used to identify
media in your Music Library, such as the names of songs, song artists or song durations. iCioud Music
Library will use this information to identify songs currently available on Apple Music, and will make
identified songs available to you in a format then available on Apple Music. Unidentified songs on your
device will remain in local storage, and unidentified songs on your computer are uploaded to iCioud
Music Library in the same format or a format determined by Apple. You should backup your Music
Library before setting up your Apple Music Subscription or enabling iCioud Music Library. Apple
assumes no liability for content that is lost in connection with iCioud Music Library. iCioud Music
Library should not be used as backup storage for content. Apple reserves the right to limit types of
content uploaded (for example, excessively large files). Identified or uploaded songs and related
metadata will be available for access from an Apple Music-compatible device into which you have
logged in with your Account and that has been enabled for iCioud Music Library.
When you set up your Apple Music Subscription or enable iCioud Music Library, Apple logs information
such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback.
By using iCioud Music Library, you agree and consent to Apple's and its subsidiaries' and agents'
transmission, collection, maintenance, processing, and use of this information, including your iCioud
Music Library usage information, to report to licensors and pay royalties, provide and improve Apple
Music features and services and other Apple products and services, and as otherwise permitted in
accordance with Apple's Privacy Policy, available here: http:/ /www.apple.com/legal/privacy/.
SUBMISSIONS TO THE APPLE MUSIC SERVICE
The Apple Music Service may offer interactive features that allow you to submit materials (including
but not limited to your name, picture, content, information and third-party content) on areas of the
Apple Music Service accessible and viewable by the public. You agree that any use by you of such
features, including any materials submitted by you, shall be your sole responsibility, shall not infringe
or violate the rights of any other party or violate any laws, contribute to or encourage infringing or
otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree
that you have obtained all necessary rights and licenses applicable to such materials and their
distribution. You agree to provide accurate and complete information in connection with your
submission of any materials on the Apple Music Service. You hereby grant Apple a worldwide, royaltyfree, nonexclusive license to use such materials as part of the Apple Music Service or in relation to
Apple Music Products, and the marketing of the Apple Music Service, without any compensation or
obligation to you. Apple reserves the right to not post or publish any materials, and to remove or edit
any material, at any time in its sole discretion without notice or liability.

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Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise
available on the Apple Music Service, to investigate any reported or apparent violation of this
Agreement, and to take any action that Apple in its sole discretion deems appropriate, including,
without limitation, termination hereunder or under Apple's Copyright Policy
(http: I /www.apple.com/ legal/ copyright.html).
APPLE MUSIC SUBMISSIONS GUIDELINES
Content submitted to the Apple Music Service is subject to the following guidelines (the "Guidelines"),
which may be updated from time to time. If you see content submitted to the Apple Music Service that
does not comply with these Guidelines, please use the Report a Concern feature.
You may not use the Apple Music Service to:
- post objectionable, offensive or harmful content, including but not limited to content that is
unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of
another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- post personal, private or confidential information belonging to others, including but not limited to
phone numbers, addresses, billing information or photos or videos taken or distributed without the
subject's permission;
- request personal information from a minor;
- impersonate or misrepresent yourself as another person, artist, entity, another Apple Music user, an
Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a
person or entity (Apple reserves the right at any time to reject, reclaim, modify or block any Apple ID,
user name, user handle or other identifier which could be deemed to be an impersonation or
misrepresentation of your identity, or a misappropriation of another person's name or identity, or for
any other reason at Apple's sole discretion);
-engage in copyright or other intellectual property infringement (including posting content that you
do not own or have permission to post), or disclose any trade secret or confidential information in
violation of a confidentiality, employment, or nondisclosure agreement:
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising,
promotional materials, or informational announcements;
- plan or engage in any illegal activity.
CONTENT AVAILABILITY
Apple and its licensors reserve the right to change, suspend, remove, discontinue or disable access to
the Apple Music Service and any Apple Music Products, content, or other materials comprising a part
of the Apple Music Service at any time without notice. In no event will Apple be liable for making these
changes. Apple may also impose limits on the use of or access to certain features or portions of the
Apple Music Service, in any case and without notice or liability.
USE OF CONTENT
You agree that the Apple Music Service includes security technology that limits your use of Apple
Music Products and that, whether or not Apple Music Products are limited by security technology, you
shall use Apple Music Products in compliance with the applicable usage rules established by Apple and
its licensors ("Apple Music Usage Rules"), and that any other use of the Apple Music Products may
constitute a copyright infringement. Any security technology is an inseparable part of the Apple Music
Products and the Apple Music Service. Apple reserves the right to modify the Apple Music Usage Rules
at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or
otherwise tamper with any of the security technology related to such Apple Music Usage Rules for any
reason, or to attempt or assist another person to do so. Apple Music Usage Rules may be controlled
and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Apple
Music Usage Rules without notice to you. You agree not to access the Apple Music Service by any
means other than through software that is provided by Apple for accessing the Apple Music Service.
You shall not access or attempt to access an Account that you are not authorized to access. You agree
not to modify the software in any manner or form, or to use modified versions of the software, for any
purposes including obtaining unauthorized access to the Apple Music Service. Violations of system or
network security may result in civil or criminal liability.
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-You shall be authorized to use the Apple Music Service and Apple Music Products only for personal,
noncommercial use, except as otherwise authorized by Apple.
- You shall be authorized to use the Apple Music Service on ten devices associated with your Account,
only five of which can be computers. An individual Apple Music Subscription allows you to stream
Apple Music Products to a single device at a time; a family Apple Music Subscription allows you and
your Family members to stream Apple Music Products to up to six devices at a time.
- You shall not be entitled to burn Apple Music Products.
-The delivery of the Apple Music Service or Apple Music Products does not transfer to you any
commercial or promotional use rights in the Apple Music Service or Apple Music Products.
THIRD-PARTY MATERIALS
Certain Apple Music Products, content, and services available via the Apple Music Service may include
materials from third parties. Apple may provide links to third-party websites, products or services as a
convenience to you. You agree that Apple is not responsible for examining or evaluating the content
or accuracy and Apple does not warrant and will not have any liability or responsibility for any thirdparty materials, websites, products or services. You agree that you will not use any third-party
materials in a manner that would infringe or violate the rights of any other party and that Apple is not
in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the Apple Music Service, you may encounter material that you may deem
to be offensive, indecent, or objectionable, and that such content may or may not be identified as
having explicit material. You agree to use the Apple Music Service at your sole risk and Apple shall
have no liability to you for material that may be found to be offensive, indecent, or objectionable.
Apple Music Product types and descriptions are provided for convenience, and you agree that Apple
does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the Apple Music Service, including but not limited to Apple Music Products, graphics,
user interface, audio, video, editorial content, and the scripts and software used to implement the
Apple Music Service, contains proprietary information and material that is owned by Apple and/or its
licensors, and is protected by applicable intellectual property and other laws, including but not limited
to copyright. You agree that you will not use such proprietary information or materials in any way
whatsoever except for use of the Apple Music Service in compliance with this Agreement. No portion
of the Apple Music Service may be reproduced in any form or by any means, except as expressly
permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Apple Music Service in any manner, and you shall not exploit the Apple
Music Service in any unauthorized way whatsoever, including, but not limited to, by trespass or
burdening network capacity.
All copyrights in and to the Apple Music Service (including the compilation of content, postings, links
to other Internet resources, and descriptions of those resources) and related software are owned by
Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE
OR ANY PART OF THE APPLE MUSIC SERVICE, EXCEPT FOR USE OF THE APPLE MUSIC SERVICE AS
PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING
POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As user of the Apple Music Service in good standing, you may be provided with limited access to
download certain album cover art for music stored on a device. Such access is provided as an
accommodation only, and Apple does not warrant, and will not have any liability or responsibility for,
such album cover art or your use thereof. You may access album cover art only in connection with the
Apple Music Service. Album cover art is provided for personal, noncommercial use only. You agree
that you will not use album cover art in any manner that would infringe or violate this Agreement or
the rights of any other party, and that Apple is not in any way responsible for any such use by you.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this
Agreement, Apple, at its sole discretion, without notice to you, and without waiving your liability for
all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or
(ii) terminate the license to the software; and/or (iii) preclude access to the Apple Music Service (or any
part thereof).

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DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLE MUSIC
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE
MAY REMOVE THE APPLE MUSIC SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APPLE
MUSIC SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APPLE MUSIC SERVICE IS AT
YOUR SOLE RISK. THE APPLE MUSIC SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU
THROUGH THE APPLE MUSIC SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT
APPLY TO YOU.
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APPLE MUSIC SERVICE OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLE MUSIC SERVICE, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR APPLE MUSIC PRODUCTS, OR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR APPLE
MUSIC PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLE MUSIC
SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE APPLE MUSIC SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH
INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU
FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE APPLE MUSIC SERVICE WILL BE FREE FROM
LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING
UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE APPLE MUSIC SERVICE, INCLUDING ANY
CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE APPLE MUSIC SERVICE.
WAIVER AND INDEMNITY
BY USING THE APPLE MUSIC SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY
AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE APPLE MUSIC SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF
ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING
OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU
CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR
REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THE APPLE MUSIC SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES
TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES

Apple reserves the right at any time to modify this Agreement and to impose new or additional terms
or conditions on your use of the Apple Music Service. Such modifications and additional terms and
conditions will be effective immediately and incorporated into this Agreement. Your continued use of
the Apple Music Service will be deemed acceptance thereof.
COPYRIGHT NOTICE

If you believe that any Apple Music Products or any other content available through the Apple Music
Service infringes a copyright claimed by you, please contact Apple's Copyright Agent as described in
our Copyright Policy at http:; /www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in
its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
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MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Apple and governs your use of the
Apple Music Service, superseding any prior agreements between you and Apple. You also may be
subject to additional terms and conditions that may apply when you use affiliate services, third-party
content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such
or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes
beyond its control.
The Apple Music Service is operated by Apple from its offices in the United States. You agree to
comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply
to your use of the Apple Music Service. All transactions on the Apple Music Service are governed by
California law, without giving effect to its conflict of law provisions. Your use of the Apple Music
Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim
or dispute with Apple or relating in any way to your use of the Apple Music Service resides in the
courts in the State of California. Risk of loss and title for all electronically delivered transactions pass
to the purchaser in California upon electronic transmission to the recipient. No Apple employee or
agent has the authority to vary this Agreement.
Apple may notify you with respect to the Apple Music Service by sending you an email message, or a
letter via postal mail to your Account mailing address, or by a posting on the Apple Music Service.
Notices shall become effective immediately.
Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right,
without liability to you, to disclose any Account information to law enforcement authorities,
government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to
enforce and /or verify compliance with any part of this Agreement (including but not limited to Apple's
right to cooperate with any legal process relating to your use of the Apple Music Service and/or Apple
Music Products, and/or a third-party claim that your use of the Apple Music Service and/or Apple
Music Products is unlawful and/or infringes such third party's rights).
Last Updated: October 21, 2015

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Amazon. com Help: Amazon Instant Video Terms of Use

All

Search Help

Amazon Video Terms of Use
Last Updated: January 25. 2016
Th1s IS an agreement between you and Amazon 01g1tal Serv1ces LLC (w1th 1ts affil1ates "Amazon" or

Amazon V1deo Help V1deos

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proVISIOns spec1f1ed on any product detail page, 1n any hnk from a product detail page. or on any help or
other informational page for the serv1ce). the

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(collectively, th1s "Agreement"). You accept and agree to the terms of this Agreement

by click1ng "watch now," "buy." "rent." or the1r equivalent on the Amazon V1deo serv1ce.

1. THE SERVICE
The Amazon Video service (formerly known as Amazon Instant Video) (the "Service") offers dig1tized
versions of movies, television shows, sporting events, news events. and other vtdeo content
(collectively, "Digital Content") and other serv1ces under the conditions set forth in th1s Agreement. The

Amazon Instant V1deo Usage

Rules

Serv1ce allows you to access and view D1gital Content by streaming or downloading a copy. As
indicated on the product detail pages of the Service, some Digital Content may be available for

Th1rd Party Soft\Nare

streaming only, some D1g1tal Content may be available for download only, and some D1g1tal Content
may be available for stream1ng and download.

2. COMPATIBLE DEVICES
In order to be able to stream or download, and v1ew. D1g1tal Content on the Serv1ce. you will need to use

Prime V1deo
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a personal computer, portable med1a player. or other dev1ce that meets the system and compat1b1l1ty

& settings

requirements that we establish from time to t1me and IS otherwise capable of Interacting with the

Apps & Dev1ces

Serv1ce (each such dev1ce. a "Compatible Dev1ce"). Some Compatible Dev1ces may be used only to

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stream D1g1tal Content, some Compatible Devices may be used only to download Digital Content. and

D1g1tal Purchases

requirements for Compatible Dev1ces from time to t1me and, in some cases, whether a dev1ce

some Compatible Dev1ces may be used to stream and download D1g1tal Content. We may change the
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1S

(or

a Compatible Dev1ce may depend on software or systems prov1ded or matntaJned by the

device manufacturer or other th1rd parties. As a result. dev1ces that are Compat1ble Dev1ces at one t1me

Manage Your Mus1c
Upload mus1c & edit

may cease to be Compatible Dev1ces 1n the future.

playl1sts

3. LIMITED TO U.S.

Dev1ce Support
Dev1ce user gu1des &

Due to restnctions placed on us by our content provtders we are currently only able to make the

troubleshooting

Serv1ce available to customers located 1n the Un1ted States. We regret that you may not use the

Your Amazon Drive

terntones.

Serv1ce 1f you are outs1de of the Un1ted States. "Umted States" refers to the Un1ted States and U.S.
Sync photos & files

4. RENTAL AND SALE CANCELLATIONS
Ask the K1ndle Help

\Mth1n twenty-four hours of purchase or rental of D1gital Content. you can cancel a purchase by c11ck1ng

Commun1ty

"Cancel Your Order" from Your D1g1tal Orders on the Amazon webs1te. After twenty-four hours, or once

Ask the Help Commun1ty

you have started to stream or download that Dig1tal Content, purchases and rentals of D1gital Content
are final.

Contact Us

5. DIGITAL CONTENT
a. General. The Service may allow you to (i) rent Digital Content for v1ew1ng over a hm1ted penod of
t1me ("Rental Digital Content"), (ii) purchase Digital Content for view1ng over an 1ndefin1te penod of t1me
("Purchased D1g1tal Content"), (ill) access Digital Content on a subscnpt1on bas1s for v1ewing over a
l1mited period of time during a subscription period ("Subscnpt1on Digital Content"). and (IV) access
Digital Content on a free. ad-supported or promotional basiS for v1ewing over a l1m1ted penod of t1me
("Free D1g1tal Content"). D1g1tal Content may be available as Rental D1g1tal Content. Purchased D1g1tal
Content, Subscription D1g1tal Content. Free D1g1tal Content. or any comb1nat1on of those. From t1me to
t1me. we may add or remove Digital Content from the Serv1ce and may change the bas1s on wh1ch
D1g1tal Content IS available.
b. Usage Rules. Your use of D1g1tal Content 1s subject to the

(the "Usage

Rules"). The Usage Rules provide important Information, 1ncluding the t1me penod dunng wh1ch you are

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Case 2:16-cv-04109-AB-PLA Document 44-5 Filed 09/12/16 Page 59 of 61 Page ID
#:1923
Amazon.com Help: Amazon Instant Video Terms of Use
authorized to view different types of Digital Content (the "Viewing Period") and limitations on the
number and type of Compatible Devices on which each type of Digital Content may be downloaded.
streamed, and viewed.
c. Subscriptions. Offers for subscriptions, the subscription services. the extent of subscription
content. and the specific titles available through subscription services, will all change over time. We
make no guarantee as to the availability of specific Subscription Digital Content or the minimum
amount of Subscription Digital Content available in any subscription. Additional terms applicable to a
subscription (such as the applicable cancellation and refund policy) will be indicated on the
informational pages for that subscription. If you purchase a subscription or start a free trial for a
subscription, your subscription will automatically continue at the regular subscription price using a
payment method we have on record for you. You must use a credit card to pay for a subscription.
Please do not sign up for a subscription with a debit care:!. We reserve the right to change subscription
terms and prices from time to time, effective as of the beginning of the next subscriptiOn term. Some of
the subscription services that we sell are from third parties. Third parties that provide subscription
services (for example through the Streaming Partners Program) may change or discontinue the features
of their services or the content in their services. Amazon is not responsible for the content contained in
any subscription service from a third party or the features of any subscription service from a third party.
d. License to Digital Content. Subject to payment of any applicable fees to rent, purchase, or access
Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a personal,
non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to
access. view, use and display the Digital Content in accordance with the Usage Rules, for NonCommercial. Private Use. "Non-Commercial. Private Use" means a presentation of Digital Content for
which no fee or consideration of any kind (other than that which you pay to us to view the Digital
Content) is charged or received. which takes place in your private home or apartment or, if outside your
private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited
to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any
public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public
accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged
for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a
limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may
automatically remove that Digital Content from your Compatible Device after the end of its Viewing
Period. and you consent to such automatic removal.
e. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be
available to you for download or streaming from the Service, as applicable, but may become
unavailable due to potential content provider licensing restrictions and for other reasons, and Amazon
will not be liable to you if Purchased Digital Content becomes unavailable for further download or
streaming. You may download and store your own copy of Purchased Digital Content on a Compatible
Device authorized for such download so that you can view that Purchased Digital Content if it becomes
unavailable for further download or streaming from the Service.
f. Downloading and Risk of Loss. If you plan to download Dig1tal Content that you purchase or rent,
we encourage you to do so promptly after your purchase or rental. If you are unable to complete a
download after having reviewed our online help resources, please contact Amazon customer service.
Once you purchase or rent Digital Content and we make the Digital Content available to you. you are
responsible for completing the download, if you choose to download. and for all risk of loss of the
D1gital Content after download.
g. Streaming. When you stream Digital Content. the resolution and quality of the Digital Content you
receive will depend on a number of factors, including the type of Compatible Device on which you are
streaming the Digital Content and your bandwidth. which may increase or decrease over the course of
your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may
otherwise not play property due to bandwidth constraints or other factors. we may decrease the
resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted
viewing experience. While we strive to provide you a high quality viewing experience, we make no
guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if
you have paid extra for access to high definition, ultra-high definition. or high-dynamic-range content.
h. General Restrictions. You may not transfer, copy or display the Digital Content, except as
permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, or broadcast any
right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital
Content; (iii) attempt to disable, bypass. modify, defeat, or otherwise circumvent any digital rights
management system used as part of the Service; or. (iv) use the Service or Digital Content for any
commercial or illegal purpose.
6. SOFTWARE
a. Use of the Software. We may make available software for your use in connection with the Service
(the "Software"). Terms contained in the Amazon com C.:nn<.:.V>ns
apply to your use of the
Software. For additional terms that apply to certain third-party Software, click
b. Information Provided to Amazon. The Software may provide Amazon with data about your
Compatible Device and its interaction with the Service (such as device type, network connectivity, IP

https://www.amazon.com/gplhelp/customer/display.html?nodeld=201422760

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Case 2:16-cv-04109-AB-PLA Document 44-5 Filed 09/12/16 Page 60 of 61 Page ID
#:1924
Amazon.com Help: Amazon Instant Video Terms of Use
address of the device and unique device identifiers that allow us to link your Compatible Device to your
Service account). The Software may also provide Amazon with information related to the Digital
Content that you download and stream and your use of that Digital Content (such as whether and when
you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for
Rental Digital Content). Any information we receive is subject to the Amazon.com privacy notice
located at ilttpb .'1\f>/\V\V

arn,-1::~>n.cc·rn:pnva:y.

7. ADDITIONAL TERMS
a. Termination. If you violate any of the terms of this Agreement, your rights under this Agreement will
automatically terminate without notice from us. and Amazon may, in its discretion. immediately revoke
your access to the Service without notice to you and without refund of any fees. In such event, you
must delete all copies of Digital Content that you have downloaded, and Amazon may automatically
discontmue your access to D1gital Content.
b. Explicit Content. You understand that by using the Service. you may encounter content that may
be offensive. indecent or objectionable: this content may or may not be identified as having explicit
language or other attributes. Nevertheless. you agree to use the Service at your sole risk, and Amazon
has no liability to you for any content. Content types. genres categories, and descriptions are provided
for convenience. and Amazon does not guarantee their accuracy.
c. Communications. We may send you promotions or otherwise communicate with you electronically
via e-mail, and you hereby consent to receive those communications, regardless of requests you may
have indicated on the Amazon. com website or by any other means. If you would like to stop receiv1ng
e-mail notifications from Amazon Video, you must cancel all applicable Amazon Video subscriptions.
which may be cancelled here: Mdn:igt.:; Your V•d:,.n Subscnpbon:-;
d. Modification of Service. Amazon reserves the right to modify, suspend. or discontinue the Service.
or any part thereof. at any time and without notice to you. and Amazon will not be liable to you should it
exercise such rights, even if your use of Digital Content is impacted by the change.
e. Amendments. Amazon reserves the right to make changes to this Agreement at any time by
posting the revised terms in connection with the Services or on Amazon. com. Your continued use of
the Service following any such changes will constitute your acceptance of such changes.
f. Reservation of Rights; Waiver. The Service and the Digital Content embody intellectual
property that is protected by law. Copyright owners of Digital Content are intended third-party
beneficiaries under the Agreement and may enforce the Agreement against you and invoke all
rights under the Agreement including limitations of liability. Our failure to insist upon or enforce
your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement
or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and
limitation of liability and all other terms in the Amazon. com Conditions of Use at
https:/lwww.amazol1.comlconditionsofuse. You agree to those terms by entering into this
Agreement or using the Service.
h. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the
Amazon. com Conditions of Use: (i) in no event shall our or our software licensors' total liability to you
for all damages (other than as may be required by applicable law in cases involving personal injury)
arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars
($50.00): and (ii) in no event shall our or our Digital Content providers' total liability to you for all
damages arising from your use of the Service, the Digital Content, or information, materials or products
included on or otherwise made available to you through the Service. exceed the amount you paid to us
to purchase, rent. or view the Digital Content related to your claim for damages. These limitations will
apply to you even if the remedies fail of their essential purpose.
i. Contact Information. For communications concerning this Agreement, please write to Amazon. com.
Attn Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.
j. Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason
unenforceable, that part will be deemed severable and will not affect the validity and enforceability of
any remaining term or condition.

Wes this information helpful?
Yes

No

Search Help

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- A.501 -

D_14757
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8/25/2016

Case 2:16-cv-04109-AB-PLA Document 44-5 Filed 09/12/16 Page 61 of 61 Page ID
#:1925
Amazon.com Help: Amazon Instant Video Terms of Use

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- A.502 -

0_14758

4/4

Case 2:16-cv-04109-AB-PLA Document 43-1 Filed 09/12/16 Page 1 of 2 Page ID #:1755

EXHIBIT A

- A.503 -

Case 2:16-cv-04109-AB-PLA Document 43-1 Filed 09/12/16 Page 2 of 2 Page ID #:1756

Neal Harmon <[e-mail]>

[6-5739000002296] YouTube Terms of Service
[e-mail] <[e-mail]>
To: [e-mail]

Thu, Dec 5, 2013 at 3:16PM

December 5, 2013

VIA EMAIL ( [e-mail] )
Hi Mr. Harmon,
We are following up on correspondence between you and Brian Mendonca, legal counsel for
Chromecast. The Chromecast team remains concerned that your use of Chromecast marketing assets,
including but not limited to hosting a Chromecast video in a lightbox on your site, creates confusion as to
the affiliation between Chromecast and VidAngel. We ask that you address these concerns as soon as
possible.
In addition, I'm writing to discuss a couple of specific aspects of VidAngel's use of the You Tube
embedded player: that you are modifying the YouTube player, specifically the play button; and that you
are modifying the audio and video components of YouTube content.
We've worked hard to create YouTube offsite playback functionality that supports our uploaders'
expectations and maintains a consistent user experience -- so that users around the Web know what they
can expect when encountering YouTube content (player navigation, branding, ability to get back to the
YouTube.com site, etc). I'd like to draw your attention to Section 11.8 of the API Terms of Service, which
prohibits applications that "modify the audio or visual components of any YouTube audiovisual content" as
well as Section 48 of the YouTube Terms of Service which states that "You agree not to alter or modify
any part of the Service." Also, Section F of the YouTube Terms of Service that says "if you use the
Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality
of the Embeddable Player."
As I'm concerned that your implementation takes away from the YouTube experience, I'm asking that you
utilize our embedded player for any YouTube video on your site in a manner consistent with our You Tube
Terms of Service (http://www.youtube.com/tlterms) and API Terms of Service (https://developers.googlst_
com/youtube/terms).
Thanks for your time, and please let us know if you have any questions.
Thanks,
The YouTube Legal Team

0_14771

- A.504 -

Case 2:16-cv-04109-AB-PLA Document 43-2 Filed 09/12/16 Page 1 of 4 Page ID #:1757

EXHIBIT B

- A.505 -

Case 2:16-cv-04109-AB-PLA Document 43-2 Filed 09/12/16 Page 2 of 4 Page ID #:1758

KUPFERSTEIN MANUEL & QUINTO LLP
il645 W. 0\..YMPIC

SOULCVA~O

SUITE 1000

1.05 ANGF.lES. CA 90064

P>-iONF.:

F'Ax.

14:?.4f 2.4e-eeso
t<4i:!-4J

Z4a-e.esz

July 23, 20 I 5

Alan Bravennan, Esq.
General Counsel
The Walt Disney Company
500 S. Buena Vista Street
Burbank, CA
Re: Proposed VidAngel Movie Streaming Service
Dear Mr. Bravennan:
We are counsel to VidAngel, Inc. We are writing to request The Walt Disney
Company's input concerning VidAngel's proposed streaming service for motion pictures
and television programs, specifically to inquire about buying DVD and Blu-ray discs
directly from The Walt Disney Company.
At the outset, we want to be clear concerning two things. First, the service
VidAngel proposes to provide is not intended to compete with existing services that
stream content ''as-is." Rather, it is designed to allow consumers who might not
otherwise purchase a particular DVD or Blu-ray movie or television show, due to
personal preferences, to choose what they wish to have "muted or skipped" while the
disc is played and streamed to them. These consumers generally want customized
(''muted or skipped") playback out of a concern that the DVD or Blu-ray might contain
material they they feel is inappropriate for their chi !dren or that they wish not to view or
hear. Second, VidAngel wants to work with content-providers, and eventually purchase
its Blu-ray and DVD discs directly from The Walt Disney Company, rather than from
distributors. VidAngel believes that it can, in essence, partner with content-providers to
allow consumers to benefit from the Family Home Movie Act, 17 U.S.C. 110 § ( 12),
while enabling a bigger market reach.
This is how VidAngel's business works:
l. VidAngeJ lawfully purchases DVD or Blu-ray movies and television shows that
it plans to stream.
2. VidAngel 's community users review and tag the content to identify over 20
categories of content that a customer might wish to have excluded when

D 14741

- A.506 -

Case 2:16-cv-04109-AB-PLA Document 43-2 Filed 09/12/16 Page 3 of 4 Page ID #:1759

Alan Braverman, Esq.
General Counsel
July 23, 2015
Page 2
streamed to his or her family, such as profanity, vulgarity, blasphemy, nudity,
sex acts, etc.
3. Customers select movies/shows they wish to see, purchase them, and choose
which of the 20+ categories they want "muted or skipped" during the streaming.
Note that the original content is unchanged; however, the playback experience
is customized. Customers can adjust individual tags within the categories. For
example, a customer can choose to mute the "F" word or skip a rape scene in a
movie while keeping any or all of the other tagged content, thus allowing a
customer to feel comfortable permitting younger audiences to watch the movie.
Significantly, VidAngel does not make a copy of the altered version of the
movie; it customizes the playback to skip or mute particular words or scenes
based on each customer's preferences.
4. VidAngel purchases the DVD or Blu-ray disc for the customer and stores it in a
physical vault. The purchase of the disc is on a one-to-one disc-to-customer
basis prior to streaming its content to any customer. That is to say, there is a
physical copy owned by every customer prior to streaming any content to any
customer.
5. VidAngel's customers are allowed to have the contents of the discs they own
streamed to them as many times as they want, with the types of content they
identified muted or skipped. VidAngel does not, however, allow any one
customer to have a work streamed to two devices simultaneously, nor does it
allow any work to be streamed to any device that the customer has not
previously logged into using his or her personal VidAngel account.
6. At a customer's request, VidAngel will ship any physical DVD or Blu~ray the
customer owns to him or her or will re~purchasc the disc at a discount from the
sale price. The amount of the discount is based on the length of time the
customer bas owned that disc.
VidAngel began a Iimited beta test of its technology in January 2015 starting with
43 users and has grown the number of beta users to 4,848 users in June. To date, the
service has proved very popular among beta users. VidAngel has already legally
purchased many thousand Blu-ray and DVD discs to support these customers. Having
tested demand for the service, VidAngel now needs to discuss direct purchasing ofDVD
and Blu-ray content in order to scale its business.
To gauge the interest its service will generate among all parents, as opposed to
just the Beta test participants, VidAngel commissioned a consumer survey of randomly

D 14742

- A.507 -

Case 2:16-cv-04109-AB-PLA Document 43-2 Filed 09/12/16 Page 4 of 4 Page ID #:1760

Alan Braverman, Esq.
General Counsel
July 23, 2015
Page 3
selected parents nationwide which asked whether they would use parental control
software that filters swearing and other content they view as inappropriate from movies
streamed to their homes. Forty-seven percent of the survey respondents said that they
would a) likely or b) very likely use it.
Significantly, VidAngel appears to be largely attracting consumers who would noi
otherwise watch certain DVD or Blu-ray content, as opposed to taking business away
from other companies that purchase Blu-ray and DVD copies of content. Since
launching the beta test in January, VidAngel has continuously surveyed its customers to
ask whether they would have watched the content they selected had VidAngel not
provided for their ability to mute or skip material they found offensive or did not wish
to see or hear. The survey found that 77 percent of viewers would not have purchased
that content had the ability to skip or mute certain language or content not been
offered. !fits business is successful, VidAngel's service will help grow the industry and
will likely result in a substantial net increase in the total sales ofDVD and Blu-ray discs.
You may access VidAngel's services at www.VidAngel.com. If you have any
questions concerning VidAngel's technology or business model, please feel free to
ask. If you disagree with VidAngel's belief that its technology fully complies with the
Copyright Act or otherwise does not adequately protect the rights of copyright owners,
please let us know. VidAngel wants to take the concerns of content owners into
consideration and address them to the extent it can. VidAngel hopes that it will be
viewed as a partner to content providers; substantially increasing legal sales of DVDs
and Blu-ray copies of content. Finally, VidAngel would appreciate knowing the volumes
required to buy DVD and Blu-Ray discs directly from The Walt Disney Company.
Please do not hesitate to contact with us any questions or concerns you might have.

n~

David W. Qumto

cc:

Neal Harmon

D 14743

- A.508 -

Case 2:16-cv-04109-AB-PLA Document 43-3 Filed 09/12/16 Page 1 of 3 Page ID #:1761

EXHIBIT C

- A.509 -

Case 2:16-cv-04109-AB-PLA Document 43-3 Filed 09/12/16 Page 2 of 3 Page ID #:1762
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- A.510 -

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Case 2:16-cv-04109-AB-PLA=
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- A.511 -

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Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 1 of 20 Page ID #:1

1

7

GLENN D. POMERANTZ (SBN 112503)
[e-mail]
KELLY M. KLAUS (SBN 161091)
[e-mail]
ROSE LEDA EHLER (SBN 296523)
[e-mail]
ALLYSON BENNETT (SBN 302090)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Tel: [phone]
Fax: [phone]

8

Attorneys for Plaintiffs

2
3
4
5
6

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

WESTERN DIVISION

12

15

DISNEY ENTERPRISES, INC.;
LUCASFILM LTD. LLC; TWENTIETH
CENTURY FOX FILM
CORPORATION; and WARNER
BROS. ENTERTAINMENT INC.,

16

Plaintiffs,

13
14

vs.

17
18

CASE NO.
COMPLAINT FOR COPYRIGHT
INFRINGEMENT AND
VIOLATION OF DIGITAL
MILLENNIUM COPYRIGHT ACT
DEMAND FOR JURY TRIAL

VIDANGEL, INC.,

19

Defendant.

20
21
22
23
24
25
26
27
28

- A.526 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 2 of 20 Page ID #:2

1

Plaintiffs Disney Enterprises, Inc. (“Disney”), Lucasfilm Ltd. LLC

2

(“Lucasfilm”), Twentieth Century Fox Film Corporation (“Fox”), and Warner Bros.

3

Entertainment Inc. (“Warner Bros.”) (“Plaintiffs”), through their undersigned

4

counsel, hereby bring this Complaint against VidAngel, Inc. (“Defendant” or

5

“VidAngel”) for infringing Plaintiffs’ exclusive rights under the Copyright Act (17

6

U.S.C. § 101 et seq.) and for violating the Digital Millennium Copyright Act

7

(§ 1201 et seq.) (“DMCA”). This Court has subject matter jurisdiction pursuant to

8

28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. §§ 501(b), 1203(a). Plaintiffs allege, on

9

personal knowledge as to themselves and information and belief as to others, as

10

follows:

11
12

INTRODUCTION
1.

VidAngel operates a video-on-demand (“VOD”) service that streams

13 popular movies and television shows. VidAngel charges users for watching that
14 content but has no authorization and pays nothing for the rights it exploits. At its
15 core, VidAngel is no different from many other unlawful online services. Plaintiffs
16 bring this action to stop VidAngel’s infringement of their rights.
17

2.

VidAngel’s VOD service looks and feels very similar to licensed

18 services such as Netflix, Hulu, and iTunes. Users can search for copyrighted motion
19 picture content by popularity, genre or categories (e.g., “New Releases”):
20
21
22
23
24
25
26
27
28

- A.527 -

-1-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 3 of 20 Page ID #:3

1

And, like these other services, VidAngel streams movies via computer, mobile

2

device (e.g., a smartphone, iPad, or tablet), or internet-connected television (e.g.,

3

through Apple TV, Chromecast or Roku).

4

3.

But there is a fundamental difference between VidAngel and licensed

5 VOD services: VidAngel does not have permission to copy Plaintiffs’ movies and
6 television shows or to stream them to VidAngel’s users. Instead, VidAngel appears
7 to circumvent the technological protection measures on DVDs and Blu-ray discs to
8 create unauthorized copies and then uses those copies to stream Plaintiffs’ works to
9 the public without authorization.
10

4.

By running this service without a license, VidAngel blatantly violates

11 the Copyright Act and confers on itself unfair and unlawful advantages vis-à-vis
12 licensed services in the VOD marketplace. First, by cutting out payments to
13 copyright owners, VidAngel is able to offer prices that undercut licensed services
14 and charge only $1 for daily access to movies in standard definition format.
15 VidAngel emphatically touts its below-market pricing:
16
17
18
19
20
21
22
23
24
25
26

5.

Second, because VidAngel absolves itself of having to abide by

27 contractual restrictions, VidAngel offers content that is not available on licensed
28 VOD services. For example, VidAngel makes many newly released titles available

- A.528 -

-2-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 4 of 20 Page ID #:4

1 for streaming well before they are available via licensed VOD services. Recently,
2 VidAngel exploited this competitive advantage to offer Star Wars: The Force
3 Awakens for $1 a day at a time when lawful VOD services did not yet have the right
4 to offer that work for single-day access at all:
5
6
7
8
9
10
11
12
13 VidAngel also flaunts this unfair competitive advantage by expressly promoting a
14 selection of titles that are available on VidAngel but “Not Available on Netflix”:
15
16
17
18
19
20
21
22
23
24
25
26

6.

VidAngel publicly defends its unlicensed activities with legally and

27 factually false claims. For example, VidAngel insists that it has the right to bypass
28 copyright owner consent because VidAngel says it is “selling,” not renting, movies

- A.529 -

-3-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 5 of 20 Page ID #:5

1 to its users. It does not matter whether VidAngel sells or rents movies. In either
2 case, VidAngel would need copyright owner consent to circumvent access controls
3 on protected discs, make copies of that content, and stream performances of the
4 content to the public. VidAngel does not have consent to do any of these things.
5 And, VidAngel is not “selling” movies. VidAngel is simply providing an
6 unauthorized dollar-a-day VOD rental service.
7

7.

VidAngel also asserts that the Family Movie Act of 2005 (“FMA”)

8 justifies its unlicensed activities because VidAngel offers its users the ability to skip
9 and mute words and images that VidAngel thinks its users may find objectionable.
10 The FMA does not justify VidAngel’s violation of Plaintiffs’ rights. The FMA
11 narrowly permits technology that “mak[es] imperceptible,” at a home user’s
12 direction, limited portions of content during playback “from an authorized copy” of a
13 motion picture. 17 U.S.C. § 110(11). Nothing in the FMA gives VidAngel the right
14 to copy or publicly perform Plaintiffs’ copyrighted content without authorization.
15 Nor does the FMA give VidAngel the right to circumvent the technological
16 protection measures on DVDs and Blu-ray discs that safeguard access to Plaintiffs’
17 content. This Complaint does not challenge the FMA or businesses acting lawfully
18 under it. This Complaint does challenge VidAngel’s operation of a business that
19 goes far beyond conduct allowed under the FMA and that is based on the unlawful
20 exploitation of Plaintiffs’ rights.
21
22

THE PARTIES
8.

Plaintiff Disney Enterprises, Inc. is a corporation duly incorporated

23 under the laws of the State of Delaware with its principal place of business in
24 Burbank, California. Disney owns and controls the copyrights and exclusive rights
25 in the content that it or its affiliates produce or distribute (“Disney’s Copyrighted
26 Works”).
27

9.

Disney has obtained Certificates of Copyright Registration for the

28 Copyrighted Works. The attached Exhibit A includes several of Disney’s

- A.530 -

-4-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 6 of 20 Page ID #:6

1 Copyrighted Works, along with their registration numbers, that VidAngel has
2 infringed and continues to infringe.
3

10.

Plaintiff Lucasfilm Ltd. LLC is a limited liability corporation duly

4 incorporated under the laws of the State of California with its principal place of
5 business in San Francisco, California. Lucasfilm owns and controls the copyrights
6 and exclusive rights in the content that it or its affiliates produce or distribute
7 (“Lucasfilm’s Copyrighted Works”).
8

11.

Lucasfilm has obtained Certificates of Copyright Registration for the

9 Copyrighted Works. Exhibit A includes several of Lucasfilm’s Copyrighted Works,
10 along with their registration numbers, that VidAngel has infringed and continues to
11 infringe.
12

12.

Plaintiff Twentieth Century Fox Film Corporation is a corporation duly

13 incorporated under the laws of the State of Delaware with its principal place of
14 business in Los Angeles, California. Fox owns and controls the copyrights and
15 exclusive rights in the content that it or its affiliates produce or distribute (“Fox’s
16 Copyrighted Works”).
17

13.

Fox has obtained Certificates of Copyright Registration for the

18 Copyrighted Works. Exhibit A includes several of Fox’s Copyrighted Works, along
19 with their registration numbers, that VidAngel has infringed and continues to
20 infringe.
21

14.

Plaintiff Warner Bros. Entertainment Inc. is a corporation duly

22 incorporated under the laws of the State of Delaware with its principal place of
23 business in Burbank, California. Warner Bros. owns and controls the copyrights and
24 exclusive rights in the content that it or its affiliates produce or distribute (“Warner
25 Bros.’ Copyrighted Works”).
26

15.

Warner Bros. has obtained Certificates of Copyright Registration for the

27 Copyrighted Works. Exhibit A includes several of Warner Bros.’ Copyrighted
28

- A.531 -

-5-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 7 of 20 Page ID #:7

1 Works, along with their registration numbers, that VidAngel has infringed and
2 continues to infringe.
3

16.

Defendant VidAngel, Inc. is a Delaware corporation with its principal

4 place of business at 249 N. University Ave. Provo, Utah 84601. VidAngel also has
5 offices in California.
6

JURISDICTION AND VENUE

7

17.

This Court has subject matter jurisdiction over this Complaint pursuant

8 to 28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. §§ 501(b), 1203(a).
9

18.

Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)

10 1400(a).
11
12

BACKGROUND FACTS
Plaintiffs and Their Copyrighted Works

13

19.

Plaintiffs or their affiliates produce or distribute some of the most

14 popular and critically acclaimed motion pictures and television shows in the world.
15

20.

For Disney, this copyrighted content includes motion pictures produced

16 by Walt Disney Pictures, Pixar and Marvel Studios, LLC. Disney or its affiliates
17 own and distribute television programming developed by or for ABC as well as other
18 networks, including, the Disney Channels, Free Form, and ESPN.
19

21.

For Lucasfilm, this copyrighted content includes the motion pictures and

20 television programming it has produced.
21

22.

For Fox, this copyrighted content includes motion pictures produced by

22 Twentieth Century Fox and Fox 2000, Fox Searchlight Pictures, and Twentieth
23 Century Fox Animation. Fox or its affiliates own and distribute television
24 programming developed by Twentieth Century Fox Television and Fox21 Television
25 Studios for broadcast networks including FOX, FX, ABC, CBS, NBC and TBS, as
26 well as for cable networks, including, FX, Showtime, and A&E.
27

23.

For Warner Bros., this copyrighted content includes motion pictures

28 produced by Warner Bros. Entertainment Inc. and its predecessors, its production

- A.532 -

-6-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 8 of 20 Page ID #:8

1 partners, and its affiliates. Warner Bros. or its affiliates produce or distribute
2 television programming developed by, among others, Warner Bros. Television, for
3 broadcast networks including ABC, CBS, NBC, and The CW, as well as for cable
4 networks and VOD providers such as Netflix.
5

24.

Plaintiffs have produced and distribute some of the most popular

6 copyrighted works today and historically.
7

a. Some of Disney’s well-known feature-length motion pictures include

8

Inside Out (2015), Big Hero 6 (2014), Frozen (2013), Toy Story 3 (2010),

9

Up (2009), WALL-E (2008), Finding Nemo (2003), Monsters, Inc. (2001),

10

The Lion King (1994), Aladdin (1992) and Beauty and the Beast (1991).

11

b. Some of Lucasfilm’s well-known feature-length motion pictures include

12

Star Wars: The Force Awakens (2015), Indiana Jones and the Kingdom of

13

the Crystal Skull (2008), Star Wars: Episode III – Revenge of the Sith

14

(2005), Star Wars: Episode II – Attack of the Cones (2002), Star Wars:

15

Episode I – The Phantom Menace (1999) and Indiana Jones and the Last

16

Crusade (1989).

17

c. Some of Fox’s well-known feature-length motion pictures include The

18

Martian (2015), The Revenant (2015), The Peanuts Movie (2015), Life of

19

Pi (2013), Avatar (2009), Mrs. Doubtfire (2003), Ice Age (2002),

20

Independence Day (2000) and Home Alone (1990).

21

d. Some of Warner Bros.’ well-known feature-length motion pictures

22

include San Andreas (2015), The Intern (2015), Gravity (2013), Man of

23

Steel (2013), ARGO (2012), The Dark Knight (2008), Harry Potter and

24

the Sorcerer’s Stone (2001) and The Iron Giant (1999).

25

VidAngel currently offers each of these movies, as well as television shows and

26

numerous other of Plaintiffs’ Copyrighted Works, for VOD streaming.

27
28

- A.533 -

-7-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 9 of 20 Page ID #:9

1

25.

Plaintiffs have invested (and continue to invest) substantial resources

2 and effort each year to develop, produce, distribute and publicly perform their
3 Copyrighted Works.
4

26.

Plaintiffs own and have the exclusive U.S. rights (among others) to

5 reproduce and publicly perform their Copyrighted Works, including by means of
6 streaming those works over the internet to the public.
7

27.

Plaintiffs distribute and publicly perform their Copyrighted Works in

8 various formats and through multiple distribution channels, including: for exhibition
9 in theaters; through television broadcasts; through cable and direct-to-home satellite
10 services (including basic, premium, “pay-per-view” and VOD services); and through
11 authorized, licensed internet VOD services such as Netflix, Hulu, iTunes, Google
12 Play, Amazon Video and VUDU. Plaintiffs also distribute their works to the home
13 viewing market, including on DVDs and Blu-ray discs.
14

28.

Disney also owns and operates Disney Movies Anywhere, Disney’s

15 platform that enables consumers to access Disney, Marvel, Pixar and Lucasfilm titles
16 across digital video platforms and devices using their accounts with participating
17 licensed internet video services.
18

29.

Plaintiffs have not provided authorization, permission or consent to

19 VidAngel to copy or publicly perform the Copyrighted Works, or to exercise any
20 other rights affecting their copyrights with respect to the Copyrighted Works.
21

VidAngel’s Unlawful Service

22

30.

VidAngel operates a VOD streaming service located online at

23 http://www.vidangel.com and available through a mobile application, which users
24 can download and use on their internet-connected smartphones, tablets and
25 televisions. In addition to streaming movies and television shows, VidAngel offers
26 users who want to skip or mute content within certain categories the ability to select
27 filter settings that will make such content imperceptible during playback. VidAngel
28 users must select at least one category to filter. As discussed below, however, the

- A.534 -

-8-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 10 of 20 Page ID #:10

1 single category can include the opening or closing credits, thus allowing VidAngel to
2 stream essentially the entire movie unfiltered.
3

31.

VidAngel accomplishes the very core of its service—copying and

4 streaming copyrighted motion picture content—by violating copyright law and
5 Plaintiffs’ rights. VidAngel obtains the Copyrighted Works it streams by apparently
6 circumventing technological protection measures designed to prevent unauthorized
7 access to and copying of the copyrighted content on DVDs and Blu-ray discs.
8 VidAngel then copies that protected content and streams the Copyrighted Works
9 from those unauthorized copies, by internet transmissions, to members of the public.
10 VidAngel’s justifications for its blatant infringing conduct are without merit.
11

VidAngel Circumvents Technological Protection Measures to Access and

12

Copy Plaintiffs’ Copyrighted Works

13

32.

DVDs and Blu-ray discs are optical discs that contain recorded material

14 in digital form. Each type of disc includes technological protection measures (or
15 “TPMs”) that protect against unauthorized access to and copying of the copyrighted
16 content that is encrypted on those discs. The TPMs that protect Plaintiffs’ content on
17 DVDs and Blu-ray discs include the Content Scramble System (for DVDs) and the
18 Advanced Access Content System and/or BD+ (for Blu-ray discs).
19

33.

The TPMs protect audiovisual content on DVDs and Blu-ray discs

20 through the use of encryption and keys embedded in the content recorded on the
21 physical discs. Licensing organizations control access to the TPM technologies, so
22 as to secure authorized playback of content on DVDs or Blu-ray discs and so as not
23 to permit unauthorized access to or copying of copyrighted content. These licensing
24 and technology systems allow copyright owners to distribute their content on DVDs
25 or Blu-ray discs, while limiting unauthorized copying or redistribution of that
26 content. The TPMs effectively control access to copyrighted content on DVDs and
27 Blu-ray discs, respectively.
28

- A.535 -

-9-

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 11 of 20 Page ID #:11

1

34.

VidAngel circumvents the TPMs on DVD and Blu-ray discs to access

2 Plaintiffs’ Copyrighted Works for the purpose of copying those works and has no
3 authorization to do so. VidAngel’s circumvention of the TPMs violates Section 1201
4 of the DMCA.
5

VidAngel’s Unauthorized Copying and Streaming to the Public of Plaintiffs’

6

Copyrighted Content

7

35.

After circumventing the TPMs, VidAngel makes unauthorized digital

8 copies of the works on the underlying DVD and Blu-ray discs and uses the
9 unauthorized copies to transmit performances of Plaintiffs’ Copyrighted Works to
10 members of the public.
11

36.

VidAngel markets itself as transmitting performances of copyrighted

12 works, through VOD streaming, to members of the public:
13
14
15
16
17
18
19
20
21

37.

VidAngel’s unauthorized copying and streaming of the Copyrighted

22 Works violates Plaintiffs’ exclusive rights to reproduce and publicly perform the
23 Copyrighted Works under 17 U.S.C. §§ 106(1), (4).
24

VidAngel’s Efforts to Characterize Its Service as Legitimate Fail

25

38.

VidAngel offers two fictions to justify its unlicensed VOD service.

26 Both are meritless.
27
28

- A.536 -

- 10 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 12 of 20 Page ID #:12

1

(a)

2

VidAngel’s “Sale” Fiction Does Not Justify its Illegal VOD
Service

3

39.

VidAngel claims its service is legal because it is selling, not renting,

4 content to its users. Indeed, VidAngel publicly admits that it would be illegal for it
5 to offer a VOD “rental” service without authorization from copyright owners.1 But
6 VidAngel is wrong that the sale/rental distinction makes a difference. In either case,
7 VidAngel would need to obtain copyright owner authorization to decrypt
8 copyrighted content on protected discs, to copy that content, and to stream that
9 content to the public.
10

40.

VidAngel nevertheless perpetrates the fiction that it is “selling” discs to

11 its users in the first place. VidAngel itself explains the “buy and sellback”
12 transaction in terms that highlight the fact it is charging users as little as a dollar a
13 day for temporary VOD access to popular movies and television shows. The
14 following screenshot and language from a “how-to” use VidAngel video posted right
15 on the service’s homepage show that the purported “sale” is a gimmick:
16

In 15 seconds, here’s how VidAngel lets
you watch movies for one dollar. You buy
a movie for 20 dollars. Don’t worry, it ends
up being one dollar. Since you own the
movie, you can legally set your filters. Now
watch your movie. Then, with the click of a
button, sell it back to us for 19 dollars of
credit. That means each movie is only one
dollar. It’s that simple. Buy for 20, set
filters, watch it, sell it back for 19. Enjoy
your one dollar movie.2

17
18
19
20
21
22
23
24
25
26
27

1

VidAngel’s “How To” page includes the following question and response: “Why
can’t I just rent movies? It is not legal for VidAngel to rent movies to you.”
2
www.vidangel.com

28

- A.537 -

- 11 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 13 of 20 Page ID #:13

1

VidAngel, by its own “don’t worry” assurance, confesses to its users (and the

2

world) that VidAngel is providing a dollar-a-day VOD rental service.

3

41.

Although VidAngel purports to “sell” copyrighted content, it

4 discourages users from “keeping” the content they purportedly “purchase.” Before
5 watching a movie or television show, the user can check a box to “Auto-Sellback”
6 after he or she has finished watching the content:
7
8
9
10
11
12
13
14

If the VidAngel user does not select the “Auto-Sellback” option, a popup message

15

appears when the user has finished his or her viewing; the popup encourages the

16

user to “SELL BACK NOW” for the daily price. VidAngel’s “Buy, Watch, Sell

17

Back” is a fiction that fails to hide VidAngel’s real business: providing a VOD

18

streaming service to users in return for a daily fee.

19

42.

VidAngel’s offering of individual episodes of television shows further

20 evidences “Buy, Watch, Sell Back” to be a complete fiction. Plaintiffs distribute
21 entire seasons of television shows, rather than individual episodes, on DVDs or Blu22 ray discs. Therefore, VidAngel cannot actually be “selling” a disc containing
23 television programming to its users when it offers to stream television shows on a
24 per-episode basis only—a method not available on DVD or Blu-ray products.
25

43.

Regardless of the label, VidAngel is running an unlicensed VOD

26 streaming service. When a user requests that VidAngel stream a movie or television
27 show, VidAngel streams (without authorization) the underlying copyrighted content
28 from a digital copy that VidAngel made (without authorization). At all relevant

- A.538 -

- 12 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 14 of 20 Page ID #:14

1 times, VidAngel, not the user, has dominion and control over the digital copy and (to
2 the extent it still exists) whatever physical DVD or Blu-ray disc VidAngel used to
3 access and copy the content in the first instance. VidAngel needs, and does not have,
4 Plaintiffs’ authorization to copy and stream their content.
5

(b)

6
7

VidAngel Cannot Use The Family Movie Act to Justify its
Illegal Streaming Service

44.

The FMA does not shield VidAngel’s unlicensed service. The FMA

8 provides that one does not infringe copyright by (a) “making imperceptible, by or at
9 the direction of a member of a private household … limited portions” of motion
10 picture content “during a performance in or transmitted to that household for private
11 home viewing, from an authorized copy of the motion picture”; or (b) creating or
12 providing computer technology that enables lawful making-imperceptible activity.
13 17 U.S.C. § 110(11). But, the FMA does not “impact[] established doctrines of
14 copyright.” 151 Cong. Rec. S501 (daily ed. Jan. 25, 2005) (Sen. Hatch). The FMA
15 requires that any copy or performance made pursuant to that statute be otherwise
16 “authorized”—that is, not violating the copyright owner’s other exclusive rights. 17
17 U.S.C. § 110(11). Likewise, the FMA does not sanction the circumvention of the
18 TPMs that protect access to the copyrighted content on DVDs or Blu-ray discs. See
19 151 Cong. Rec. at S502 (FMA does not allow circumvention “for the purpose of
20 engaging in the conduct covered by” the FMA).
21

45.

VidAngel is not “mak[ing] imperceptible . . . limited portions” of

22 motion picture content in the course of an otherwise lawful transmission. 17 U.S.C.
23 § 110(11). Rather, VidAngel provides on-demand access to the motion picture itself,
24 without any authorization to do so. Nothing in the FMA authorizes such conduct.
25

46.

VidAngel also permits users to watch essentially unfiltered movies and

26 television shows by selecting to filter just the credits and nothing more. If a user
27 wants to watch an unfiltered version of the content, he or she can do so through
28 VidAngel with minimal effort and at a fraction of the price charged by licensed

- A.539 -

- 13 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 15 of 20 Page ID #:15

1 services. Indeed, some people already have started to make social media postings
2 touting the fact they can use VidAngel to watch movies and television shows
3 essentially unfiltered; as VidAngel continues to grow, more and more current and
4 potential users will be encouraged to use the service in the same way:
5
6
7
8
9
10
11
12

47.

VidAngel did not always offer its filtering service through its current

13 infringing model. VidAngel originally distributed an internet web browser “plug-in”
14 that muted and skipped content as it was streamed from other services—notably,
15 Google Play, which is authorized to provide Plaintiffs’ content. Presumably,
16 VidAngel altered its business model to profit directly from the unlawful copying and
17 exploitation of the Copyrighted Works at the expense of Plaintiffs and their
18 relationships with streaming service licensees—authorized services that are being
19 undercut by VidAngel’s unauthorized service.
20
21

VidAngel’s Conduct Causes Immediate and Irreparable Harm
48.

VidAngel currently claims to have more than 1,500 titles available for

22 streaming and claims to be adding motion pictures at a rate of 60 per week.
23 VidAngel intends to offer streaming of all new movies that have received more than
24 $10 million in domestic sales.
25

49.

If left unabated, VidAngel will undermine Plaintiffs’ relationships with

26 their authorized licensees and interfere with Plaintiffs’ ability to negotiate with those
27 legitimate VOD services. Because VidAngel cuts out payments to copyright owners
28 for the rights it exploits, VidAngel is able to undercut licensed services, which pay

- A.540 -

- 14 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 16 of 20 Page ID #:16

1 for the same content. VidAngel explicitly advertises itself as a way to “Save on
2 Popular New Releases” compared to licensed VOD services:
3
4
5
6
7
8
9
50.

10

Public media outlets have picked up on VidAngel’s ability to undercut

11 the pricing of authorized distributors. One online review noted the price comparison:
12 “Even if you turn the filter entirely off, it’s the cheapest streaming rental out there,
13 and about the same as Redbox, without the hassle of going to the store, or
3
14 remembering to return the disc.”
51.

15

If VidAngel continues offering performances of copyrighted content not

16 yet available on authorized streaming services, VidAngel also will interfere with
17 Plaintiffs’ ability to distribute their content, including through authorized licensees or
18 other legitimate distribution channels. VidAngel offers an entire category of movies
19 and television programs, including many of the Copyrighted Works, that are “Not on
20 Netflix.” As described above, VidAngel recently advertised that it offers Star Wars:
21 The Force Awakens for $1 per day when that title was not available for single-day
22 rental elsewhere. Licensed VOD services, in contrast, often are not authorized to
23 offer single-day “rentals” until weeks after VidAngel offers such access for the same
24 titles.
25
3

26
27

“Rent Edited Streaming ‘Clean Flicks’ – A Review of VidAngel’s New Edited
Movie Service,” Mormon Life Hacker (Jun. 9, 2015) available at <
http://mormonlifehacker.com/rent-edited-streaming-clean-flicks-review-vidangelmovie-service/>.

28

- A.541 -

- 15 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 17 of 20 Page ID #:17

1

52.

VidAngel’s circumvention of the TPMs and its making unauthorized

2 copies undermines Plaintiffs’ ability to negotiate for quality controls in the
3 dissemination of their copyrighted content.
4

53.

By characterizing VidAngel as a legitimate and lawful alternative to

5 licensed online services, VidAngel threatens to confuse consumers and the public
6 and drive up early and immediate adoption of the VidAngel service by numerous
7 additional end users.
8

54.

VidAngel’s unlawful conduct and unfair competition with licensed

9 distribution channels causes Plaintiffs immediate and irreparable harm. Unless
10 enjoined, VidAngel’s illegal actions will continue.
11

FIRST CAUSE OF ACTION

12

(Copyright Infringement, 17 U.S.C. §§ 106(1), (4))

13

55.

Plaintiffs incorporate herein by reference each and every averment

14 contained in paragraphs 1 through 54 inclusive.
15

56.

VidAngel infringes Plaintiffs’ exclusive rights to copy and make public

16 performances of the Copyrighted Works, in violation of 17 U.S.C. § 106(1), (4).
17

57.

VidAngel does not have Plaintiffs’ authorization to make digital copies

18 of the Copyrighted Works.
19

58.

VidAngel does not have Plaintiffs’ authorization to publicly perform the

20 Copyrighted Works.
21

59.

VidAngel’s acts of infringement are willful, in disregard of and with

22 indifference to Plaintiffs’ rights.
23

60.

As a direct and proximate result of the infringements by VidAngel,

24 Plaintiffs are entitled to damages and VidAngel’s profits in amounts to be proven at
25 trial.
26

61.

Alternatively, at their election, Plaintiffs are entitled to statutory

27 damages, up to the maximum amount of $150,000 per statutory award by virtue of
28

- A.542 -

- 16 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 18 of 20 Page ID #:18

1 VidAngel’s willful infringement, or for such other amounts as may be proper under
2 17 U.S.C. § 504.
3

62.

Plaintiffs further are entitled to recover their attorneys’ fees and full

4 costs pursuant to 17 U.S.C. § 505.
5

63.

As a direct and proximate result of the foregoing acts and conduct,

6 Plaintiffs have sustained and will continue to sustain substantial, immediate and
7 irreparable injury, for which there is no adequate remedy at law. Unless enjoined
8 and restrained by this Court, VidAngel will continue to infringe Plaintiffs’ rights in
9 their Copyrighted Works. Plaintiffs are entitled to injunctive relief under 17 U.S.C.
10 § 502.
11

SECOND CAUSE OF ACTION

12

(Violation of the Digital Millennium Copyright Act, 17 U.S.C. §§ 1201, et seq.)

13

64.

Plaintiffs incorporate herein by reference each and every averment

14 contained in paragraphs 1 through 54 inclusive.
15

65.

Section 1201(a)(1)(A) of the DMCA provides in pertinent part that

16 “[n]o person shall circumvent a technological measure that effectively controls
17 access to a work protected under [the Copyright Act].” 17 U.S.C. § 1201(a)(1)(A).
18

66.

Plaintiffs use TPMs to effectively control access to, and to protect the

19 exclusive rights of copyright in, motion pictures, television programs, and other
20 works protected by the Copyright Act.
21

67.

On information and belief, VidAngel circumvents the TPMs of the

22 DVD and Blu-ray discs containing the Copyrighted Works, and, therefore, VidAngel
23 has violated 17 U.S.C. § 1201(a)(1)(A).
24

68.

This circumvention in violation of the DMCA constitutes a separate and

25 independent unlawful act and claim for relief from those stated in the first cause of
26 action.
27

69.

Plaintiffs have sustained and will sustain actual damage as the result of

28 VidAngel’s DMCA violations, including, among other things, damages to the value

- A.543 -

- 17 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 19 of 20 Page ID #:19

1 of the Copyrighted Works and the reduction in Plaintiffs’ goodwill in the
2 Copyrighted Works. 17 U.S.C. § 1203(c)(2). Plaintiffs are also entitled to
3 VidAngel’s profits from its violations of the DMCA. Id.
4

70.

Alternatively, and at their election, Plaintiffs are entitled to an award of

5 the maximum statutory damages as permitted by the DMCA. Id. § 1203(c)(3).
6

71.

VidAngel’s conduct, unless enjoined and restrained by this Court, will

7 cause immediate and irreparable injury to Plaintiffs who have no adequate remedy at
8 law. Pursuant to 17 U.S.C. § 1203(b)(2), Plaintiffs are entitled to preliminary and
9 permanent injunctions prohibiting VidAngel’s further violations of § 1201.
10

72.

Plaintiffs are further entitled to their attorneys’ fees and full costs

11 pursuant to 17 U.S.C. § 1203.
12

PRAYER FOR RELIEF

13

WHEREFORE, Plaintiffs pray for judgment against VidAngel and against all

14

of its affiliates, agents, servants, employees, partners and all persons in active

15

concert or participation with it, for the following relief:

16

1.

For Plaintiffs’ damages and VidAngel’s profits in such amount as may

17

be found; alternatively, at Plaintiffs’ election, for maximum statutory damages; or

18

for such other amounts as may be proper pursuant to 17 U.S.C. §§ 504(c), 1203(c).

19

2.

For preliminary and permanent injunctions enjoining VidAngel, and

20

all persons acting in concert or participation with it, from publicly performing,

21

reproducing, or otherwise infringing in any manner any copyrighted work owned or

22

controlled by Plaintiffs (including without limitation any Copyrighted Work) and

23

from circumventing technological measures protecting any copyrighted work

24

owned or controlled by Plaintiffs (including without limitation any Copyrighted

25

Works).

26

3.

For prejudgment interest according to law.

27

4.

For Plaintiffs’ attorneys’ fees and full costs incurred in this action

28

pursuant to 17 U.S.C. §§ 505 and 1203.

- A.544 -

- 18 -

COMPLAINT

Case 2:16-cv-04109-AB-PLA Document 1 Filed 06/09/16 Page 20 of 20 Page ID #:20

1
2

5.

For all such further and additional relief, in law or in equity, to which

Plaintiffs may be entitled or which the Court deems just and proper.

3

DEMAND FOR JURY TRIAL

4

Plaintiffs demand a trial by jury on all issues triable by jury.

5
6

DATED: June 9, 2016

MUNGER, TOLLES & OLSON LLP

7
8

By:

9
10

/s/ Kelly M. Klaus
KELLY M. KLAUS

Attorney for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- A.545 -

- 19 -

COMPLAINT

ACCO,(PLAx),AO121,APPEAL,DISCOVERY,MANADR,PROTORD

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA
(Western Division ­ Los Angeles)
CIVIL DOCKET FOR CASE #: 2:16­cv­04109­AB­PLA
Disney Enterprises, Inc. et al v. VidAngel Inc.
Assigned to: Judge Andre Birotte Jr
Referred to: Magistrate Judge Paul L. Abrams
Demand: $150,000
Case in other court:  9th CCA, 16­56843
Cause: 17:501 Copyright Infringement

Date Filed: 06/09/2016
Jury Demand: Both
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Plaintiff
Disney Enterprises, Inc.

represented by Allyson Bennett 
Munger Tolles and Olson LLP 
355 South Grand Avenue 35th Floor 
Los Angeles, CA 90071 
213­683­9190 
Fax: 213­683­5190 
Email: [e-mail] 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
Munger Tolles and Olson LLP 
355 South Grand Avenue 35th Floor 
Los Angeles, CA 90071­1560 
213­683­9100 
Fax: 213­687­3702 
Email: [e-mail] 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
Munger Tolles and Olson LLP 
355 South Grand Avenue 35th Floor 
Los Angeles, CA 90071­1560 
213­683­9100 
Fax: 213­687­3702 
Email: [e-mail] 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
Munger Tolles and Olson LLP 
355 South Grand Avenue 35th Floor 
Los Angeles, CA 90071­1560 
213­683­9100 
Fax: 213­687­3702 
Email: [e-mail] 
ATTORNEY TO BE NOTICED

- A.546 -

Plaintiff
Lucasfilm Ltd LLC

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

Plaintiff
Twentieth Century Fox Film Corporation

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

Plaintiff
Warner Bros Entertainment Inc

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

V.

- A.547 -

Movant
John Hostettler 
TERMINATED: 11/10/2016

represented by William A Delgado 
Willenken Wilson Loh and Delgado LLP 
707 Wilshire Boulevard Suite 3850 
Los Angeles, CA 90017 
213­955­9240 
Fax: 213­955­9250 
Email: [e-mail] 
ATTORNEY TO BE NOTICED

Movant
Spencer Bachus 
TERMINATED: 11/10/2016

represented by William A Delgado 
(See above for address) 
ATTORNEY TO BE NOTICED

V.
Defendant
VidAngel Inc.

represented by Brian T Grace 
Baker Marquart LLP 
2029 Century Park East 16th Floor 
Los Angeles, CA 90067 
424­652­7800 
Fax: 424­652­7850 
Email: [e-mail] 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
David W Quinto 
VidAngel Inc 
3007 Franklin Canyon Drive 
Beverly Hills, CA 90210 
213­604­1777 
Fax: 213­604­1777 
Email: [e-mail] 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
Donald R Pepperman 
Blecher Collins Pepperman and Joye PC 
515 South Figueroa Street Suite 1750 
Los Angeles, CA 90071­3334 
213­622­4222 
Fax: 213­622­1656 
Email: [e-mail] 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

- A.548 -

Maxwell M Blecher 
Blecher Collins Pepperman and Joye PC 
515 South Figueroa Street Suite 1750 
Los Angeles, CA 90071­3334 
213­622­4222 

- A.549 -

Fax: 213­622­1656 
Email: [e-mail] 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Ryan G Baker 
Baker Marquart LLP 
2029 Century Park East Suite 1600 
Los Angeles, CA 90067 
424­652­7800 
Fax: 424­652­7850 
Email: [e-mail] 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Scott Matthew Malzahn 
Baker Marquart LLP 
2029 Century Park East Suite 1600 
Los Angeles, CA 90067 
424­652­7800 
Fax: 424­652­7850 
Email: [e-mail] 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Taylor Chase­Wagniere 
Blecher Collins Pepperman and Joye PC 
515 S Figueroa St Suite 1750 
Los Angeles, CA 90071 
213­622­4222 
Fax: 213­622­1656 
Email: [e-mail] 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Brendan Stephen Maher 
Stris & Maher LLP 
6688 North Central Expressway 
Suite 1650 
Dallas, TX 75206 
213­995­6805 
Fax: 213­261­0299 
Email: [e-mail] 

ATTORNEY TO BE NOTICED

Daniel L Geyser 
Stris and Maher LLP 
725 South Figueroa Street Suite 1830 
Los Angeles, CA 90017 
213­995­6811 
Fax: 213­261­0299 
Email: [e-mail] 

ATTORNEY TO BE NOTICED

Elizabeth Rogers Brannen 
Stris and Maher LLP 
725 South Figueroa Street Suite 1830 
Los Angeles, CA 90017 
213­995­6809 
Fax: 213­261­0299 
Email: [e-mail] 

ATTORNEY TO BE NOTICED

Peter K Stris 
Stris and Maher LLP 
725 South Figueroa Street Suite 1830 
Los Angeles, CA 90017 
213­995­6800 
Fax: 213­261­0299 
Email: [e-mail] 

ATTORNEY TO BE NOTICED

Jaime W Marquart 
Baker Marquart LLP 
2029 Century Park East 16th Floor 
Los Angeles, CA 90067 
424­652­7800 
Fax: 424­652­7850 
Email: [e-mail] 

ATTORNEY TO BE NOTICED
Counter Claimant
VidAngel Inc.

represented by Brian T Grace 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
David W Quinto 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
Donald R Pepperman 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
Maxwell M Blecher 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED
Ryan G Baker 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

- A.550 -

Scott Matthew Malzahn 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Taylor Chase­Wagniere 
(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Brendan Stephen Maher 
(See above for address) 

ATTORNEY TO BE NOTICED

Daniel L Geyser 
(See above for address) 

ATTORNEY TO BE NOTICED

Elizabeth Rogers Brannen 
(See above for address) 

ATTORNEY TO BE NOTICED

Peter K Stris 
(See above for address) 

ATTORNEY TO BE NOTICED

Jaime W Marquart 
(See above for address) 

ATTORNEY TO BE NOTICED
V.
Counter Defendant
Disney Enterprises, Inc.

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

Counter Defendant
Lucasfilm Ltd LLC

- A.551 -

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED

Glenn D Pomerantz 
(See above for address) 

ATTORNEY TO BE NOTICED

Rose Leda Ehler 
(See above for address) 

ATTORNEY TO BE NOTICED

Kelly M Klaus 
(See above for address) 

ATTORNEY TO BE NOTICED
Counter Defendant
Twentieth Century Fox Film Corporation

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

Counter Defendant
Warner Bros Entertainment Inc

represented by Allyson Bennett 
(See above for address) 
ATTORNEY TO BE NOTICED
Glenn D Pomerantz 
(See above for address) 
ATTORNEY TO BE NOTICED
Rose Leda Ehler 
(See above for address) 
ATTORNEY TO BE NOTICED
Kelly M Klaus 
(See above for address) 
ATTORNEY TO BE NOTICED

Counter Defendant
Does 
1­100
Date Filed
06/09/2016

#

Docket Text

1  COMPLAINT Receipt No: 0973­17974278 ­ Fee: $400, filed by Plaintiffs Warner Bros

- A.552 -

Entertainment Inc, Disney Enterprises, Inc., Twentieth Century Fox Film Corporation,
Lucasfilm Ltd LLC. (Attachments: # 1 Exhibit A) (Attorney Kelly M Klaus added to
party Disney Enterprises, Inc.(pty:pla), Attorney Kelly M Klaus added to party Lucasfilm
Ltd LLC(pty:pla), Attorney Kelly M Klaus added to party Twentieth Century Fox Film
Corporation(pty:pla), Attorney Kelly M Klaus added to party Warner Bros Entertainment
Inc(pty:pla))(Klaus, Kelly) (Entered: 06/09/2016)
06/09/2016

2  CIVIL COVER SHEET filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Klaus, Kelly)
(Entered: 06/09/2016)

06/09/2016

3  Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1
filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox
Film Corporation, Warner Bros Entertainment Inc. (Klaus, Kelly) (Entered: 06/09/2016)

06/09/2016

4  CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc identifying The Walt Disney Company, Twenty­First Century Fox, Inc.
and Time Warner Inc. as Corporate Parent. (Klaus, Kelly) (Entered: 06/09/2016)

06/09/2016

5  REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification)
filed by Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
(Entered: 06/09/2016)

06/10/2016

6  NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge
Paul L. Abrams. (et) (Entered: 06/10/2016)

06/10/2016

7  NOTICE TO PARTIES OF COURT­DIRECTED ADR PROGRAM filed. (et) (Entered:
06/10/2016)

06/10/2016

8  21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant
VidAngel Inc. (et) (Entered: 06/10/2016)

06/15/2016

9  PROOF OF SERVICE Executed by Plaintiff Warner Bros Entertainment Inc, Disney
Enterprises, Inc., Twentieth Century Fox Film Corporation, Lucasfilm Ltd LLC, upon
Defendant VidAngel Inc. served on 6/13/2016, answer due 7/5/2016. Service of the
Summons and Complaint were executed upon Neal Harmon, Chief Executive Officer,
Harmon Ventures LLC, Registered Agent in compliance with Federal Rules of Civil
Procedure by service on a domestic corporation, unincorporated association, or public
entity.Original Summons NOT returned. (Ehler, Rose) (Entered: 06/15/2016)

07/05/2016

10  STIPULATION Extending Time to Answer the complaint as to VidAngel Inc. answer
now due 7/12/2016, filed by Defendant VidAngel Inc..(Attorney Jaime W Marquart
added to party VidAngel Inc.(pty:dft))(Marquart, Jaime) (Entered: 07/05/2016)

07/12/2016

11  ANSWERJURY DEMAND. and Counterclaim filed by Defendant and Counterclaimant
VidAngel Inc.. (Attachments: # 1 Exhibits A ­ B)(Baker, Ryan) (Entered: 07/12/2016)

07/12/2016

12  CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by
Defendant VidAngel Inc. identifying VidAngel, Inc. as Corporate Parent. (Baker, Ryan)
(Entered: 07/12/2016)

07/12/2016

- A.553 -

  (DUPLICATE ENTRY) COUNTER­COMPLAINT against Counterdefendants Disney
Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, and
Warner Bros. Entertainment, Inc., with Jury Demand filed by Defendant and
Counterclaimant VidAngel, Inc. (Answer and Counter­Complaint filed as one document,
see document number 11) (gk) (Entered: 07/17/2016)

07/13/2016

13  ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr.
Scheduling Conference set for 10/31/2016 at 10:00 AM before Judge Andre Birotte Jr.
(cb) (Entered: 07/13/2016)

07/22/2016

14  STIPULATION for Preliminary Injunction as to Preliminary Injunction Briefing and
Hearing Schedule filed by Plaintiffs and Counter­Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Attachments: # 1 Proposed Order [Proposed] Order Regarding
Preliminary Injunction Briefing and Hearing Schedule)(Klaus, Kelly) (Entered:
07/22/2016)

07/25/2016

15  ORDER REGARDING PRELIMINARY INJUNCTION BRIEFING AND HEARING
SCHEDULE by Judge Andre Birotte Jr.: Upon Stipulation 14 , IT IS HEREBY
ORDERED that Plaintiffs' Motion for Preliminary Injunction will be filed and served on
8/22/2016. Defendant's Opposition will be filed and served on 9/12/2016; Plaintiffs'
Reply will be filed and served on 10/3/2016. The Court will hear argument on the Motion
on 10/24/2016 at 10:00 AM. (gk) (Entered: 07/25/2016)

07/29/2016

16  STIPULATION for Extension of Time to File Response as to Counterclaim, filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Proposed Order
Regarding Stipulation)(Klaus, Kelly) (Entered: 07/29/2016)

08/03/2016

17  ORDER REGARDING STIPULATION TO EXTEND TIME TO RESPOND TO
COUNTER COMPLAINT by Judge Andre Birotte Jr. Upon consideration of the Parties'
Stipulation To Extend Time To Respond To Counter Complaint 16 , and good cause
appearing therefor, IT IS HEREBY ORDERED THAT: The time for Plaintiffs' to answer
or otherwise respond to the Counter Complaint is hereby extended to August 16, 2016.
The Parties should continue their meet­and­confer discussions regarding possible
additional motions and schedules for briefing and the proposed hearing of the same, and
submit any proposed stipulation regarding the same to the Court. (iv) (Entered:
08/04/2016)

08/08/2016

18  NOTICE of Association of Counsel associating attorney David W. Quinto on behalf of
Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. Filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc. (Grace, Brian) (Entered: 08/08/2016)

08/12/2016

19  STIPULATION for Hearing re Motion to Dismiss Briefing and Hearing Schedule and
Page Limits for Briefing on Motion for Preliminary Injunction filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered:
08/12/2016)

08/18/2016

20  MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL
FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own
motion, orders Counter­Claimant(s) to show cause, in writing, on or before September 1,
2016, why this action should not be dismissed for lack of prosecution. Pursuant to Rule
78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate
for submission without oral argument. The Order to Show Cause will stand submitted
upon the filing of Counter­Claimant(s) response. Failure to respond to this Order to Show
Cause will be deemed consent to the dismissal of the action. (iv) (Entered: 08/18/2016)

08/18/2016

21  STIPULATION for Protective Order filed by Defendant and Counter­Claimant VidAngel
Inc..(Grace, Brian) (Entered: 08/18/2016)

08/18/2016

22  NOTICE TO COUNSEL: The Order to Show Cause (Dkt. No. 20) was inadvertently
issued in this case and is therefore vacated. THERE IS NO PDF DOCUMENT

- A.554 -

ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 08/18/2016)
08/19/2016

23  PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for
Protective Order 21 (NOTE CHANGES MADE BY THE COURT) (sbu) (Entered:
08/19/2016)

08/19/2016

24  ORDER REGARDING MOTION TO DISMISS BRIEFING AND HEARING
SCHEDULE AND PAGE LIMITS FOR BRIEFING ON MOTION FOR
PRELIMINARY INJUNCTION by Judge Andre Birotte Jr, re Stipulation for Hearing, 19
. Plaintiffs' motion to dismiss will filed and served on 8/26/16. (Responses due by
9/16/2016, Replies due by 10/7/2016. Motion set for hearing on 10/24/2016 at 10:00 AM
before Judge Andre Birotte Jr.) (mrgo) (Entered: 08/19/2016)

08/22/2016

25  APPLICATION to file document Unredated Versions of Motion for Preliminary
Injunction, Exhibits to Declaration of Rose Ehler and Declaration of Robert Schumann
and Exhibits under seal filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Attachments:
# 1 Proposed Order, # 2 Redacted Document Proposed Redacted Motion for Preliminary
Injunction, # 3 Redacted Document Proposed Redacted Exhibit B, # 4 Redacted
Document Proposed Redacted Exhibit D, # 5 Redacted Document Proposed Redacted
Exhibit R, # 6 Redacted Document Proposed Redacted Exhibit S, # 7 Redacted
Document Proposed Redacted Exhibit T, # 8 Redacted Document Proposed Redacted
Exhibit U, # 9 Redacted Document Proposed Redacted Exhibit V, # 10 Redacted
Document Proposed Redacted Exhibit W, # 11 Redacted Document Proposed Redacted
Exhibit X, # 12 Redacted Document Proposed Redacted Exhibit Y, # 13 Redacted
Document Proposed Redacted Exhibit Z, # 14 Redacted Document Proposed Redacted
Exhibit AA, # 15 Redacted Document Proposed Redacted Exhibit BB, # 16 Redacted
Document Proposed Redacted Exhibit CC, # 17 Redacted Document Proposed Redacted
Exhibit DD, # 18 Redacted Document Proposed Redacted Exhibit EE, # 19 Redacted
Document Proposed Redacted Declaration of Robert Schumann, # 20 Redacted
Document Proposed Redacted Exhibit C, # 21 Redacted Document Proposed Redacted
Exhibit D)(Klaus, Kelly) (Entered: 08/22/2016)

08/22/2016

26  SEALED DECLARATION IN SUPPORT OF APPLICATION to file document
Unredated Versions of Motion for Preliminary Injunction, Exhibits to Declaration of
Rose Ehler and Declaration of Robert Schumann and Exhibits under seal 25 filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Unredacted Document
Motion for Preliminary Injunction, # 2 Unredacted Document Exhibit B, # 3 Unredacted
Document Exhibit D, # 4 Unredacted Document Exhibit R, # 5 Unredacted Document
Exhibit S, # 6 Unredacted Document Exhibit T, # 7 Unredacted Document Exhibit U, # 8
Unredacted Document Exhibit V, # 9 Unredacted Document Exhibit W, # 10 Unredacted
Document Exhibit X, # 11 Unredacted Document Exhibit Y, # 12 Unredacted Document
Exhibit Z, # 13 Unredacted Document Exhibit AA, # 14 Unredacted Document Exhibit
BB, # 15 Unredacted Document Exhibit CC, # 16 Unredacted Document Exhibit DD, #
17 Unredacted Document Exhibit EE, # 18 Unredacted Document Declaration of Robert
Schumann, # 19 Unredacted Document Exhibit C, # 20 Unredacted Document Exhibit D)
(Klaus, Kelly) (Entered: 08/22/2016)

08/22/2016

27  NOTICE OF MOTION AND MOTION for Preliminary Injunction re VidAngel . Motion
filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox
Film Corporation, Warner Bros Entertainment Inc. Motion set for hearing on 10/24/2016
at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Klaus,
Kelly) (Entered: 08/22/2016)

08/22/2016

28  DECLARATION of Tedd Cittadine in support of NOTICE OF MOTION AND

- A.555 -

MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Klaus, Kelly) (Entered: 08/22/2016)
08/22/2016

29  DECLARATION of Robert Schumann in support of NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D)(Klaus, Kelly) (Entered: 08/22/2016)

08/22/2016

30  DECLARATION of Rose Leda Ehler in support of NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O,
# 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21
Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit
Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit
EE, # 32 Exhibit FF)(Klaus, Kelly) (Entered: 08/22/2016)

08/22/2016

31  DECLARATION of Kelly M. Klaus in support of NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O,
# 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21
Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit
Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit
EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ,
# 37 Exhibit KK, Part 1, # 38 Exhibit KK, Part 2, # 39 Exhibit LL, # 40 Exhibit MM, #
41 Exhibit NN, # 42 Exhibit OO, # 43 Exhibit PP, # 44 Exhibit QQ, # 45 Exhibit RR)
(Klaus, Kelly) (Entered: 08/22/2016)

08/23/2016

32  ORDER REGARDING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL: 1
UNREDACTED VERSION OF PLAINTIFFS' MOTION FOR PRELIMINARY
INJUNCTION; 2 EXHIBITS B, D, R­Z AND AA­EE TO THE DEClARATION OF
ROSE LEDA EHLER; 3 UNREDACTED VERSION OF THE DECLARATION OF
ROBERT SCHUMANN AND EXHIBITS C AND D THERETO by Judge Andre Birotte
Jr. Plaintiffs have submitted an Application seeking permission to file under seal 25 .
Based on Plaintiffs' Application, and good cause appearing therefrom, Plaintiffs'
Application is GRANTED and IT IS HEREBY ORDERED that the following documents
and portions thereof shall be electronically filed under seal by Plaintiffs' counsel. SEE
ORDER FOR DETAILS. (iv) (Entered: 08/23/2016)

08/23/2016

33  SEALED DOCUMENT Plaintiffs' Notice of Motion and Motion for Preliminary
Injunction; Memorandum of Points and Authorities and Exhibits to Ehler Declaration
and Schumann Declaration with Exhibits re APPLICATION to file document Unredated
Versions of Motion for Preliminary Injunction, Exhibits to Declaration of Rose Ehler and
Declaration of Robert Schumann and Exhibits under seal 25 , Order on Motion for Leave
to File Document Under Seal,, 32 filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm
Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc.
(Attachments: # 1 Exhibit B to Ehler Decl., # 2 Exhibit D to Ehler Decl., # 3 Exhibit R to
Ehler Decl., # 4 Exhibit S to Ehler Decl., # 5 Exhibit T to Ehler Decl., # 6 Exhibit U to
Ehler Decl., # 7 Exhibit V to Ehler Decl., # 8 Exhibit W to Ehler Decl., # 9 Exhibit X to

- A.556 -

Ehler Decl., # 10 Exhibit Y to Ehler Decl., # 11 Exhibit Z to Ehler Decl., # 12 Exhibit
AA to Ehler Decl., # 13 Exhibit BB to Ehler Decl., # 14 Exhibit CC to Ehler Decl., # 15
Exhibit DD to Ehler Decl., # 16 Exhibit EE to Ehler Decl., # 17 Declaration of Robert
Schumann, # 18 Exhibit C to Schumann Decl., # 19 Exhibit D to Schumann Decl.)
(Klaus, Kelly) (Entered: 08/23/2016)
08/23/2016

34  PROOF OF SERVICE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re Sealed
Declaration in SupportDeclaration,,,, 26 , Sealed Document,,,,, 33 served on August 22
and 23, 2016. (Klaus, Kelly) (Entered: 08/23/2016)

08/26/2016

35  NOTICE OF MOTION AND MOTION to Dismiss VidAngel's Countercomplaint filed
by Defendant and Counter­Claimant Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation. Motion set for hearing on 10/24/2016 at 10:00
AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration of Allyson Bennett in
Support of Plaintiffs' Motion to Dismiss VidAngel's Countercomplaint, # 2 Exhibit A, # 3
Proposed Order) (Klaus, Kelly) (Entered: 08/26/2016)

08/26/2016

36  NOTICE of Association of Counsel associating attorney Maxwell M. Blecher on behalf
of Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. Filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc. (Marquart, Jaime) (Entered: 08/26/2016)

09/08/2016

37  NOTICE of Appearance filed by attorney Peter K Stris on behalf of Counter Claimant
VidAngel Inc., Defendant VidAngel Inc. (Attorney Peter K Stris added to party VidAngel
Inc.(pty:cc), Attorney Peter K Stris added to party VidAngel Inc.(pty:dft))(Stris, Peter)
(Entered: 09/08/2016)

09/08/2016

38  NOTICE of Appearance filed by attorney Brendan Stephen Maher on behalf of Counter
Claimant VidAngel Inc., Defendant VidAngel Inc. (Attorney Brendan Stephen Maher
added to party VidAngel Inc.(pty:cc), Attorney Brendan Stephen Maher added to party
VidAngel Inc.(pty:dft))(Maher, Brendan) (Entered: 09/08/2016)

09/08/2016

39  NOTICE of Appearance filed by attorney Elizabeth Rogers Brannen on behalf of Counter
Claimant VidAngel Inc., Defendant VidAngel Inc. (Attorney Elizabeth Rogers Brannen
added to party VidAngel Inc.(pty:cc), Attorney Elizabeth Rogers Brannen added to party
VidAngel Inc.(pty:dft))(Brannen, Elizabeth) (Entered: 09/08/2016)

09/08/2016

40  NOTICE of Appearance filed by attorney Daniel L Geyser on behalf of Counter
Claimant VidAngel Inc., Defendant VidAngel Inc. (Attorney Daniel L Geyser added to
party VidAngel Inc.(pty:cc), Attorney Daniel L Geyser added to party VidAngel Inc.
(pty:dft))(Geyser, Daniel) (Entered: 09/08/2016)

09/12/2016

41  APPLICATION for Leave to file Unredacted Versions of Opposition to Motion for
Preliminary Injunction, Declarations of Neal Harmon and Sigurd Meldal, and Exhibit B
and D to Marquart Declaration Under Seal filed by Defendant and Counter­Claimant
VidAngel Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Proposed
Redacted VidAngel's Memorandum of Points and Authorities in Opposition to Motion
for Preliminary Injunction, # 3 Redacted Document Proposed Redacted Declaration of
Neal Harmon, # 4 SEALED ATTACHMENT ­ Redacted Document Proposed Redacted
Declaration of Sigurd Meldal, # 5 Redacted Document Proposed Redacted Exhibit B to
Marquart Declaration, # 6 Redacted Document Proposed Redacted Exhibit D to Marquart
Declaration) (Marquart, Jaime) ** SEALED ATTACHMENT 4 PURSUANT TO THE
ORDER OF 9/28/2016 86 ** Modified on 9/28/2016 (gk). (Entered: 09/12/2016)

09/12/2016

42  MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

- A.557 -

09/12/2016

43  DECLARATION of Neal Harmon In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)
(Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

44  DECLARATION of Sigurd Meldal In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 SEALED ATTACHMENT ­
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H)(Marquart, Jaime) ** SEALED ATTACHMENT 1
PURSUANT TO THE ORDER OF 9/28/2016 85 ** Modified on 9/28/2016 (gk).
(Entered: 09/12/2016)

09/12/2016

45  DECLARATION of Jaime Marquart In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

46  DECLARATION of David Quinto In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

47  DECLARATION of Elizabeth Ellis In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Marquart, Jaime)
(Entered: 09/12/2016)

09/12/2016

48  REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

49  SEALED DECLARATION IN SUPPORT OF APPLICATION to file document
Unredated Versions of Motion for Preliminary Injunction, Exhibits to Declaration of
Rose Ehler and Declaration of Robert Schumann and Exhibits under seal 25 filed by
Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1
Unredacted Document Opposition to Preliminary Injunction, # 2 Unredacted Document
Declaration of Neal Harmon, # 3 Unredacted Document Declaration of Sigurd Meldal, #
4 Unredacted Document Exhibit B to Marquart Declaration, # 5 Unredacted Document
Exhibit D to Marquart Declaration, # 6 Proof of Service)(Marquart, Jaime) (Entered:
09/12/2016)

09/12/2016

50  DECLARATION of Andrea Lafferty In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

51  DECLARATION of Bob Waliszewski In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

52  DECLARATION of Bryan and Diane Schwartzin In Opposition To NOTICE OF
MOTION AND MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by
Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered:
09/12/2016)

- A.558 -

09/12/2016

53  DECLARATION of Donna Rice Hughes In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

54  DECLARATION of Timothy F. Winter In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

55  DECLARATION of Harry Jackson In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

56  DECLARATION of Connor Boyack In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

57  DECLARATION of David Barton In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

58  DECLARATION of David Bozell In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

59  DECLARATION of Gary Bauer In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

60  DECLARATION of Gary Marx In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

61  DECLARATION of George E. Roller In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

62  DECLARATION of L Brent Bozell III In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

63  DECLARATION of Matt Kibbe In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

64  DECLARATION of Patrick Trueman In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

65  DECLARATION of Rebecca Hagelin In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

66  DECLARATION of Rick Green In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

67  DECLARATION of Theodore Baehr In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

- A.559 -

09/12/2016

68  DECLARATION of Tim Barton In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

69  DECLARATION of Tim Wildmon In Opposition To NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

70  DEFENDANT VIDANGEL, INC.'S EVIDENTIARY OBJECTIONS TO THE
DECLARATION OF KELLY M. KLAUS IN SUPPORT OF PLAINTIFFS' MOTION
FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

71  DEFENDANT VIDANGEL, INC.'S EVIDENTIARY OBJECTIONS TO THE
DECLARATION OF ROBERT SCHUMANN IN SUPPORT OF PLAINTIFFS'
MOTION FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

72  DEFENDANT VIDANGEL, INC.'S EVIDENTIARY OBJECTIONS TO THE
DECLARATION OF ROSE LEDA EHLER IN SUPPORT OF PLAINTIFFS' MOTION
FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/12/2016

73  DEFENDANT VIDANGEL, INC.'S EVIDENTIARY OBJECTIONS TO THE
DECLARATION OF TEDD CITTADINE IN SUPPORT OF PLAINTIFFS' MOTION
FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 09/12/2016)

09/13/2016

74  STIPULATION to Continue Hearings on (1) Plaintiffs' Motion for Preliminary Injunction
and (2) Plaintiffs' Motion to Dismiss from October 24, 2016 to October 31, 2016 Re:
NOTICE OF MOTION AND MOTION for Preliminary Injunction re VidAngel . Motion
27 , NOTICE OF MOTION AND MOTION to Dismiss VidAngel's Countercomplaint 35
filed by Defendant and Counter­Claimant VidAngel Inc.. (Attachments: # 1 Proposed
Order Granting Joint Stipulation to Continue Hearings)(Marquart, Jaime) (Entered:
09/13/2016)

09/14/2016

75  ORDER REGARDING VIDANGEL, INC.'S APPLICATION TO FILE UNDER SEAL:
(1) UNREDACTED VERSION OF VIDANGEL'S MEMORANDUM OF POINTS
AND AUTHORITIES IN OPPOSITION TO MOTION FOR PRELIMINARY
INJUNCTION; (2) UNREDACTED VERSION OF THE DECLARATION OF NEAL
HARMON; (3) UNREDACTED VERSION OF THE DECLARATION OF SIGURD
MELDAL; AND (4) EXHIBITS B AND D TO THE DECLARATION OF JAIME
MARQUART by Judge Andre Birotte Jr.: VidAngel's Application 41 is GRANTED. See
order for documents and portions thereof to be filed under seal. (gk) (Entered:
09/15/2016)

09/15/2016

76  NOTICE OF ERRATA filed by Counter Claimant VidAngel Inc., Defendant VidAngel
Inc.. correcting MEMORANDUM in Opposition to Motion 42 , Sealed Declaration in
SupportDeclaration,, 49 [49­1] Unredacted Document Opposition to Preliminary
Injunction (Attachments: # 1 Exhibit A)(Marquart, Jaime) (Entered: 09/15/2016)

09/16/2016

77  AMENDED ANSWER and FIRST AMENDED COUNTERCLAIMS filed by Defendant
and Counterclaimant VidAngel Inc.. (Blecher, Maxwell) (Entered: 09/16/2016)

- A.560 -

09/16/2016

78  ORDER CONTINUING HEARING OF PLAINTIFFS' MOTIONS FOR
PRELIMINARY INJUNCTION AND TO DISMISS VIDANGEL'S
COUNTERCOMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation 74 , IT IS
HEREBY ORDERED that Plaintiffs' Motions for Preliminary Injunction 27 , and to
Dismiss VidAngel's Countercomplaint 35 be, and hereby are, continued for hearing
before this Court on 10/31/2016 at 10:00 AM before Judge Andre Birotte Jr. (gk)
(Entered: 09/16/2016)

09/20/2016

79  STIPULATION for Extension of Time to File Response filed by Plaintiffs and Counter­
Defendants Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Proposed Order
Regarding Stipulation to Extend Plaintiffs' Time to Respond to Defendant's Amended
Answer and Counterclaims)(Klaus, Kelly) (Entered: 09/20/2016)

09/21/2016

80  SEALED DOCUMENT Unredacted Version of VidAngel's Memorandum of Points and
Authorities in Opposition to Motion for Preliminary Injunction and Unredacted Version
of the Declaration of Neal Harmon and Unredacted Version of the Declaration of Sigurd
Meldal and Unredacted Version of Exhibit B to the Declaration of Jaime Marquart and
Unredacted Version of Exhibit D to the Declaration of Jaime Marquart and Certificate of
Service re Sealed Documents re Order on Motion for Leave to File Document,, 75 ,
APPLICATION for Leave to file Unredacted Versions of Opposition to Motion for
Preliminary Injunction, Declarations of Neal Harmon and Sigurd Meldal, and Exhibit B
and D to Marquart Declaration Under Seal 41 filed by Counter Claimant VidAngel Inc.,
Defendant VidAngel Inc.. (Attachments: # 1 Unredacted Document Declaration of Neal
Harmon, # 2 Unredacted Document Declaration of Sigurd Meldal, # 3 Unredacted
Document Exhibit B to the Declaration of Jaime Marquart, # 4 Unredacted Document
Exhibit D to the Declaration of Jaime Marquart, # 5 Certificate of Service re Sealed
Documents)(Marquart, Jaime) (Entered: 09/21/2016)

09/21/2016

81  NOTICE OF ERRATA filed by Counter Claimant VidAngel Inc., Defendant VidAngel
Inc.. correcting APPLICATION for Leave to file Unredacted Versions of Opposition to
Motion for Preliminary Injunction, Declarations of Neal Harmon and Sigurd Meldal, and
Exhibit B and D to Marquart Declaration Under Seal 41 , Declaration (Motion related),
44 Redacted of Sigurd Meldal (Attachments: # 1 Exhibit A to Notice of Errata ­
Corrected Redacted Sigurd Meldal Declaration)(Marquart, Jaime) (Entered: 09/21/2016)

09/21/2016

82  APPLICATION to file document Declaration of Sigurd Meldal (Dkt. 41­4) under seal
filed by Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1
Proposed Order Regarding VidAngel, Inc.'s Application to Seal the Declaration of Sigurd
Meldal in Support of VidAngel, Inc.'s Memorandum of Points and Authorities in
Opposition to Preliminary Injunction Motion (Dkt. 41­4))(Marquart, Jaime) (Entered:
09/21/2016)

09/21/2016

83  APPLICATION to file document Declaration of Sigurd Meldal (Dkt. 44­1) under seal
filed by Counter Claimant VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1
Proposed Order Regarding VidAngel, Inc.'s Application to Seal the Declaration of Sigurd
Meldal in Support of VidAngel, Inc.'s Memorandum of Points and Authorities in
Opposition to Preliminary Injunction Motion (Dkt. 44­1))(Marquart, Jaime) (Entered:
09/21/2016)

09/21/2016

84  ORDER REGARDING STIPULATION TO EXTEND PLAINTIFFS' TIME TO
RESPOND TO DEFENDANT'S AMENDED ANSWER AND COUNTERCLAIMS by
Judge Andre Birotte Jr.: Upon Stipulation 79 , IT IS HEREBY ORDERED that the time
for Plaintiffs to answer or otherwise respond to Defendant's Amended Answer and
Counterclaims 77 is hereby extended to and including 10/14/2016. Plaintiffs' Motion for
Preliminary Injunction 27 remains on calendar for hearing on 10/31/2016 at 10:00 AM.

- A.561 -

There will be no hearing that day on Plaintiffs' Motion to Dismiss Defendant's Original
Counterclaims 35 which Motion to Dismiss has been mooted by Defendant's amendment
of its Counterclaims. (gk) Modified on 10/13/2016 (cb). (Entered: 09/22/2016)
09/28/2016

85  ORDER REGARDING VIDANGEL, INC.'S APPLICATION TO SEAL THE
DECLARATION OF SIGURD MELDAL IN SUPPORT OF VIDANGEL, INC.'S
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO
PRELIMINARY INJUNCTION MOTION (Dkt. 44­1) by Judge Andre Birotte Jr.:
Defendant VidAngel, Inc.'s Application 83 is GRANTED and IT IS HEREBY
ORDERED that Docket entry 44 ­1 be sealed. Please refer to Dkt. 81 for the corrected
redacted Declaration of Sigurd Meldal in support of VidAngel's Opposition to
Preliminary Injunction. (gk) (Entered: 09/28/2016)

09/28/2016

86  ORDER REGARDING VIDANGEL, INC.'S APPLICATION TO SEAL THE
DECLARATION OF SIGURD MELDAL IN SUPPORT OF VIDANGEL, INC.'S
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO
PRELIMINARY INJUNCTION MOTION (Dkt. 41­4) by Judge Andre Birotte Jr.:
Defendant VidAngel, Inc.'s Application 82 is GRANTED and IT IS HEREBY
ORDERED that Docket entry 41 ­4 be sealed. Please refer to Dkt. 81 for the corrected
redacted Declaration of Sigurd Meldal in support of VidAngel's Opposition to
Preliminary Injunction. (gk) (Entered: 09/28/2016)

10/03/2016

87  NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:
Amended Answer to Complaint 77 . The following error(s) was found: Local Rule 19­1
Complaint/Petition includes more than 10 Does or fictitiously named parties. In response
to this notice the court may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems appropriate. You need not
take any action in response to this notice unless and until the court directs you to do so.
(iv) (Entered: 10/03/2016)

10/03/2016

88  APPLICATION to file document (Reply in support of Motion for Preliminary Injunction;
Decl. of Allyson Bennett and Exhibits J and M; Declaration of Robert Schumann and
Exhibit F) under seal filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Attachments:
# 1 Proposed Order, # 2 Redacted Document Reply in support of Plaintiffs' Motion for
Preliminary Injunction, # 3 Redacted Document Decl. of Allyson Bennett, # 4 Redacted
Document Exhibit J to Bennett Decl., # 5 Redacted Document Exhibit M to Bennett
Decl., # 6 Redacted Document Decl. of Robert Schumann, # 7 Redacted Document
Exhibit F to Schumann Decl.)(Klaus, Kelly) (Entered: 10/03/2016)

10/03/2016

89  SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Reply in
support of Motion for Preliminary Injunction; Decl. of Allyson Bennett and Exhibits J
and M; Declaration of Robert Schumann and Exhibit F) under seal 88 filed by Plaintiffs
Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation,
Warner Bros Entertainment Inc. (Attachments: # 1 Unredacted Document Reply in
support of Motion for Preliminary Injunction, # 2 Unredacted Document Decl. of Allyson
Bennett, # 3 Unredacted Document Exhibit J to Bennett Decl., # 4 Unredacted Document
Exhibit M to Bennett Decl., # 5 Unredacted Document Supp. Decl. of Robert Schumann,
# 6 Unredacted Document Exhibit F to Supp. Schumann Decl.)(Klaus, Kelly) (Entered:
10/03/2016)

10/03/2016

90  REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction
re VidAngel . Motion 27 filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Klaus, Kelly)
(Entered: 10/03/2016)

10/03/2016

91  DECLARATION of Allyson R. Bennett in support of NOTICE OF MOTION AND

- A.562 -

MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Klaus, Kelly) (Entered:
10/03/2016)
10/03/2016

92  DECLARATION of Robert Schumann (Supplemental) in support of NOTICE OF
MOTION AND MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Klaus, Kelly) (Entered:
10/03/2016)

10/03/2016

93  REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney Enterprises,
Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J,
# 11 Exhibit K)(Klaus, Kelly) (Entered: 10/03/2016)

10/03/2016

94  RESPONSE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth
Century Fox Film Corporation, Warner Bros Entertainment Incto Motion Related
Document, 70 , Motion Related Document, 73 , Motion Related Document, 71 , Motion
Related Document, 72 (Plaintiffs' Response to VidAngel's Evidentiary Objections)
(Klaus, Kelly) (Entered: 10/03/2016)

10/03/2016

95  OBJECTIONS to Declaration (Motion related) 69 , Declaration (Motion related) 53 ,
Declaration (Motion related) 59 , Declaration (Motion related) 64 , Declaration (Motion
related) 65 , Declaration (Motion related) 58 , Declaration (Motion related), 47 ,
Declaration (Motion related), 46 , Declaration (Motion related) 51 , Declaration (Motion
related) 57 , Declaration (Motion related), 44 , Declaration (Motion related), 43 ,
Declaration (Motion related) 60 , Declaration (Motion related) 63 , Declaration (Motion
related) 55 , Declaration (Motion related) 50 , Declaration (Motion related) 54 ,
Declaration (Motion related) 68 , Declaration (Motion related) 62 , Declaration (Motion
related) 66 , Declaration (Motion related) 56 , Declaration (Motion related) 52 ,
Declaration (Motion related) 67 , Declaration (Motion related) 61 (Plaintiffs' Objections
to VidAngel's Evidence in support of Opposition) filed by Plaintiffs Disney Enterprises,
Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Klaus, Kelly) (Entered: 10/03/2016)

10/04/2016

96  PROOF OF SERVICE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re Sealed
Declaration in SupportDeclaration,,, 89 served on Oct. 3, 2016. (Klaus, Kelly) (Entered:
10/04/2016)

10/05/2016

97  ORDER REGARDING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL: 1
UNREDACTED VERSION OF PLAINTIFFS' REPLY IN SUPPORT OF MOTION
FOR PRELIMINARY INJUNCTION; 2 UNREDACTED VERSION OF THE
DECLARATION OF ALLYSON R. BENNETT AND EXHIBITS J AND M THERETO;
3 UNDREDACTED VERSION OF THE SUPPLEMENTAL DECLARATION OF
ROBERT SCHUMANN AND EXHIBIT F THERETO by Judge Andre Birotte Jr.
Plaintiffs have submitted an Application seeking permission to file under seal 88 . Based
on Plaintiffs' Application, and good cause appearing therefrom, Plaintiffs' Application is
GRANTED and IT IS HEREBY ORDERED that Plaintiffs' shall file the following

- A.563 -

documents and portions thereof under seal. SEE ORDER FOR DETAILS. (iv) (Entered:
10/05/2016)
10/06/2016

98  SEALED DOCUMENT Plaintiffs' Reply in support of Motion for Preliminary
Injunction, Declaration of Allyson Bennet with Exhibits J and M and Supplemental
Declaration of Robert Schumann with Exhibit F re APPLICATION to file document
(Reply in support of Motion for Preliminary Injunction; Decl. of Allyson Bennett and
Exhibits J and M; Declaration of Robert Schumann and Exhibit F) under seal 88 , Order
on Motion for Leave to File Document Under Seal,, 97 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Declaration of Allyson Bennett, # 2 Exhibit J
to Bennett Decl., # 3 Exhibit M to Bennett Decl., # 4 Declaration (Supplemental) of
Robert Schumann, # 5 Exhibit F to Supp. Schumann Decl.)(Klaus, Kelly) (Entered:
10/06/2016)

10/06/2016

99  PROOF OF SERVICE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re Sealed
Document,,, 98 served on October 6, 2016. (Klaus, Kelly) (Entered: 10/06/2016)

10/11/2016

100  Joint STIPULATION to Continue Scheduling Conference from October 31, 2016 to
December 19, 2016 filed by Plaintiffs & Counter­Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered:
10/11/2016)

10/14/2016

101  APPLICATION to file document under seal filed by Counter Defendants Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Proposed Order, # 2 Redacted Document
Notice and Motion to Dismiss, # 3 Redacted Document Request for Judicial Notice, # 4
Redacted Document Exhibit 4 to Request for Judicial Notice, # 5 Redacted Document
Exhibit 5 to Request for Judicial Notice)(Klaus, Kelly) (Entered: 10/14/2016)

10/14/2016

102  SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under
seal 101 filed by Counter Defendants Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Attachments:
# 1 Unredacted Document Notice of Motion and Motion to Dismiss, # 2 Unredacted
Document Request for Judicial Notice, # 3 Unredacted Document Exhibit 4 to Request
for Judicial Notice, # 4 Unredacted Document Exhibit 5 to Request for Judicial Notice)
(Klaus, Kelly) (Entered: 10/14/2016)

10/14/2016

103  NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims filed
by Plaintiffs and Counter­Defendants Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. Motion set for
hearing on 12/19/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1
Proposed Order) (Klaus, Kelly) (Entered: 10/14/2016)

10/14/2016

104  REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to
Dismiss First Amended Counterclaims 103 filed by Counter Defendants Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Klaus, Kelly) (Entered:
10/14/2016)

10/17/2016

105  PROOF OF SERVICE filed by Plaintiffs & Counter­Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc, re NOTICE OF MOTION AND MOTION to Dismiss First Amended

- A.564 -

Counterclaims 103 , Request for Judicial Notice, 104 served on Oct. 14, 2016. (Klaus,
Kelly) (Entered: 10/17/2016)
10/17/2016

106  EVIDENTIARY OBJECTIONS TO THE DECLARATION OF ALLYSON BENNETT
re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re VidAngel .
Motion 27 filed by Counter Claimant VidAngel Inc., Defendant VidAngel Inc..
(Marquart, Jaime) (Entered: 10/17/2016)

10/17/2016

107  EVIDENTIARY OBJECTIONS TO THE SUPPLEMENTAL DECLARATION OF
ROBERT SCHUMANN re: NOTICE OF MOTION AND MOTION for Preliminary
Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel Inc., Defendant
VidAngel Inc.. (Marquart, Jaime) (Entered: 10/17/2016)

10/17/2016

108  SUPPLEMENT to NOTICE OF MOTION AND MOTION for Preliminary Injunction re
VidAngel . Motion 27 Supplemental Request for Judicial Notice filed by Counter
Claimant VidAngel Inc., Defendant VidAngel Inc.. (Attachments: # 1 Exhibit)(Marquart,
Jaime) (Entered: 10/17/2016)

10/17/2016

109  DECLARATION of William J. Aho in support of VidAngel's Opposition to Plaintiffs'
Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 10/17/2016)

10/17/2016

110  DECLARATION of Neal Harmon in opposition to NOTICE OF MOTION AND
MOTION for Preliminary Injunction re VidAngel . Motion 27 Supplemental Declaration
of Neal Harmon filed by Counter Claimant VidAngel Inc., Defendant VidAngel Inc..
(Marquart, Jaime) (Entered: 10/17/2016)

10/20/2016

111  (IN CHAMBERS) ORDER CONTINUING PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION (Dkt. No. 27 ) by Judge Andre Birotte Jr. This Court, on
its own motion, hereby CONTINUES the motion hearing date from October 31, 2016 to
Monday, November 21, 2016 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO
ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.
(cb) TEXT ONLY ENTRY (Entered: 10/20/2016)

10/20/2016

112  (IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE by Judge
Andre Birotte Jr. This Court, on its own motion, hereby CONTINUES the Scheduling
Conference previously set for October 31,2016 at 10:00 am to Monday, November 21,
2016 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO
PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
(Entered: 10/20/2016)

10/21/2016

113  OBJECTIONS to Declaration (Motion related), 109 , Declaration (Motion related), 110 ,
Objection/Opposition (Motion related), 107 , Objection/Opposition (Motion related) 106
, Supplement(Motion related), 108 (Objections of Plaintiffs to VidAngel's Surreply and
Related Evidentiary Submissions filed in Opposition to Plaintiffs' Motion for Preliminary
Injunction) filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth
Century Fox Film Corporation, Warner Bros Entertainment Inc. (Klaus, Kelly) (Entered:
10/21/2016)

10/21/2016

114  ORDER REGARDING STIPULATION TO SET BRIEFING SCHEDULE FOR
PLAINTIFFS' MOTION TO DISMISS AMENDED ANSWER AND
COUNTERCLAIMS AND TO CONTINUE SCHEDULING CONFERENCE FROM
OCTOBER 31, 2016 TO DECEMBER 19, 2016 by Judge Andre Birotte Jr, re Stipulation
to Continue, 100 . (Rule 26 Meeting Report due by 12/5/2016. Scheduling Conference
continued to 12/19/2016 at 10:00 AM before Judge Andre Birotte Jr.) The Motion to

- A.565 -

Dismiss shall be noticed for hearing December 19, 2016, at 10:00 am.(Responses due by
11/15/2016, Replies due by 12/5/2016.) (mrgo) (Entered: 10/24/2016)
10/24/2016

115  DECLARATION of Josh McDowell in support of VidAngel's Opposition to Plaintiffs'
Motion for Preliminary Injunction NOTICE OF MOTION AND MOTION for
Preliminary Injunction re VidAngel . Motion 27 filed by Counter Claimant VidAngel
Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 10/24/2016)

10/26/2016

116  STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Preliminary
Injunction re VidAngel . Motion 27 filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm
Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc.
(Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered: 10/26/2016)

10/27/2016

117  EX PARTE APPLICATION to Supplement Request for Judicial Notice re NOTICE OF
MOTION AND MOTION for Preliminary Injunction re VidAngel . Motion 27 filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Supplement Request for
Judicial Notice, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Kelly M. Klaus, # 5
Proposed Order, # 6 Notice of Lodging) (Klaus, Kelly) (Entered: 10/27/2016)

10/27/2016

118  ORDER REGARDING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL: 1
UNREDACTED VERSION OF PLAINTIFFS' MOTION TO DISMISS; 2
UNREDACTED VERSION OF PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE
AND EXHIBITS 4 AND 5 THERETO; by Judge Andre Birotte Jr: 101 . Based on
Plaintiff's Application, and good cause appearing therefrom, Plaintiffs' Application is
GRANTED. (bp) (Entered: 10/27/2016)

10/28/2016

119  SEALED DOCUMENT (Plaintiffs' Motion to Dismiss, Request for Judicial Notice and
Exhibits 4 and 5 thereto) re APPLICATION to file document under seal 101 , Order on
Motion for Leave to File Document Under Seal, 118 filed by Plaintiffs Disney
Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner
Bros Entertainment Inc. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit 4 to
Request for Judicial Notice, # 3 Exhibit 5 to Request for Judicial Notice)(Klaus, Kelly)
(Entered: 10/28/2016)

10/28/2016

120  PROOF OF SERVICE filed by Plaintiff Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re EX PARTE
APPLICATION to Supplement Request for Judicial Notice re NOTICE OF MOTION
AND MOTION for Preliminary Injunction re VidAngel . Motion 27 117 served on
October 28, 2016. (Bennett, Allyson) (Entered: 10/28/2016)

10/28/2016

121  PROOF OF SERVICE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re Sealed
Document,, 119 served on Oct. 28, 2016. (Klaus, Kelly) (Entered: 10/28/2016)

10/28/2016

122  MINUTE ORDER IN CHAMBERS by Judge Andre Birotte Jr re: EX PARTE
APPLICATION to Supplement Request for Judicial Notice re NOTICE OF MOTION
AND MOTION for Preliminary Injunction re VidAngel . Motion 27 117 . Should
VidAngel choose to oppose this application, the Court ORDERS that counsel file their
opposition no later than 5:00 p.m. on Monday, October 31, 2016. (mrgo) (Entered:
10/28/2016)

10/28/2016

123  ORDER REGARDING HEARING DATE ON PLAINTIFFS MOTION FOR
PRELIMINARY INJUNCTION by Judge Andre Birotte Jr, re NOTICE OF MOTION
AND MOTION for Preliminary Injunction re VidAngel . Motion 27 . IT IS HEREBY
ORDERED THAT: The hearing on Plaintiffs' Motion for Preliminary Injunction (Dkt.

- A.566 -

27) shall be moved from November 21, 2016, at 10:00 a.m., to November 14, 2016, at
10:00 a.m. (mrgo) (Entered: 10/28/2016)
10/31/2016

124  OPPOSITION to EX PARTE APPLICATION to Supplement Request for Judicial Notice
re NOTICE OF MOTION AND MOTION for Preliminary Injunction re VidAngel .
Motion 27 117 filed by Counter Claimant VidAngel Inc., Defendant VidAngel Inc..
(Attachments: # 1 Declaration of Jaime Marquart in support of VidAngel's Response to
Plaintiffs' Ex Parte Application for Leave to File Supplemental Request for Judicial
Notice)(Marquart, Jaime) (Entered: 10/31/2016)

11/01/2016

125  ORDER by Judge Andre Birotte Jr: granting 117 EX PARTE APPLICATION to
Supplement Request for Judicial Notice re NOTICE OF MOTION AND MOTION for
Preliminary Injunction re Vid Angel. IT IS HEREBY ORDERED that Plaintiffs Ex Parte
Application for Leave to File Supplemental Request for Judicial Notice in Support of
Motion for Preliminary Injunction is GRANTED. Plaintiffs are permitted to file a
supplemental request for judicial notice in support of their Motion for Preliminary
Injunction, and the Supplemental Request for Judicial Notice concurrently filed with
Plaintiffs ex parte application is deemed filed and served as of the date of this Order.
(shb) (Entered: 11/01/2016)

11/09/2016

126  NOTICE OF MOTION AND MOTION for Leave to file Amicus Brief filed by Amicus
Curiae John Hostettler, Spencer Bachus. Motion set for hearing on 11/14/2016 at 10:00
AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum, # 2 Proposed Order)
(Attorney William A Delgado added to party John Hostettler(pty:mov), Attorney William
A Delgado added to party Spencer Bachus(pty:mov)) (Delgado, William) (Entered:
11/09/2016)

11/10/2016

127  APPLICATION of Non­Resident Attorney Susanna F. Fischer to Appear Pro Hac Vice on
behalf of Movants Spencer Bachus, John Hostettler (Pro Hac Vice Fee ­ Fee Paid,
Receipt No. 0973­18872193) filed by Amici Curiae Spencer Bachus, John Hostettle r.
(Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Delgado, William)
(Entered: 11/10/2016)

11/10/2016

128  MINUTES (IN CHAMBERS) Order DENYING Motion for Leave to File Amicus Brief
in Opposition to Plaintiffs' Motion for Preliminary Injunction by Judge Andre Birotte Jr.:
The amicus brief and motion of former U.S. Representatives John Hostettler and Spencer
Bachus were filed on 11/9/2016, more than 30 days after the principal briefs were filed in
this matter. Therefore the motion for leave to file an amicus brief in opposition to
Plaintiffs' motion for preliminary injunction 126 is denied as untimely. Court Reporter:
N/A. (gk) (Entered: 11/10/2016)

11/14/2016

129  (IN CHAMBERS) ORDER DEEMING MOVANTS SPENCER BACHUS, JOHN
HOSTETTLERS' APPLICATION TO APPEAR PRO HAC VICE AS MOOT (DKT.
127)] by Judge Andre Birotte Jr.: In light of the Courts Order DENYING Motion for
Leave to File Amicus Brief (Dkt. 128), the APPLICATION is MOOT. THERE IS NO
PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
(Entered: 11/14/2016)

11/14/2016

130  APPLICATION for Refund of Fees Paid filed by Movants Spencer Bachus, John
Hostettler. (Delgado, William) (Entered: 11/14/2016)

11/14/2016

131  MINUTES OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION 27 33
Hearing held before Judge Andre Birotte Jr. The Court having carefully considered the
papers and the evidence submitted by the parties, and having heard the oral argument of
counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (lom)
(Entered: 11/15/2016)

- A.567 -

11/15/2016

132  MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss
First Amended Counterclaims 103 filed by Counter Claimant VidAngel Inc., Defendant
VidAngel Inc.. (Blecher, Maxwell) (Entered: 11/15/2016)

11/21/2016

133  STIPULATION for Discovery as to Further Discovery and Initial Disclosures filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Proposed Order)(Klaus,
Kelly) (Entered: 11/21/2016)

11/22/2016

134  ORDER REGARDING FURTHER DISCOVERY AND INITIAL DISCLOSURES by
Judge Andre Birotte Jr.: Upon Stipulation 133 , IT IS HEREBY ORDERED that neither
party will serve additional discovery (on each other or on third parties) before
12/19/2016. The deadline for making initial disclosures pursuant to Rule 26(a)(1) also
shall be extended to 12/19/2016. Nothing in this Order precludes either side from
requesting or opposing a further stay of discovery pending the Court's resolution of the
Motion for a Preliminary Injunction or the Motion to Dismiss. (gk) (Entered: 11/23/2016)

12/05/2016

135  NOTICE TO PARTIES by District Judge Andre Birotte Jr. Effective December 12, 2016,
Judge Birotte will be located at the 1st Street Courthouse, COURTROOM 7B on the 7th
floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances
shall be made in Courtroom 7B of the 1st Street Courthouse, and all mandatory chambers
copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the
4th floor of the 1st Street Courthouse. The location for filing civil documents in paper
format exempted from electronic filing and for viewing case files and other records
services remains at the United States Courthouse, 312 North Spring Street, Room G­8,
Los Angeles, California 90012. The location for filing criminal documents in paper
format exempted from electronic filing remains at Edward R. Roybal Federal Building
and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012.
THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT
ONLY ENTRY (Entered: 12/05/2016)

12/05/2016

136  APPLICATION to file document Plaintiffs' Reply in support of Motion to Dismiss
Amended Counterclaims under seal filed by Counter Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Attachments: # 1 Proposed Order, # 2 Redacted Document Plaintiffs'
Reply in support of Motion to Dismiss Amended Counterclaims)(Klaus, Kelly) (Entered:
12/05/2016)

12/05/2016

137  SEALED DECLARATION IN SUPPORT OF APPLICATION to file document
Plaintiffs' Reply in support of Motion to Dismiss Amended Counterclaims under seal 136
filed by Counter Defendants Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth
Century Fox Film Corporation, Warner Bros Entertainment Inc. (Attachments: # 1
Unredacted Document Plaintiffs' Reply in support of Motion to Dismiss Amended
Counterclaims)(Klaus, Kelly) (Entered: 12/05/2016)

12/05/2016

138  REPLY in support NOTICE OF MOTION AND MOTION to Dismiss First Amended
Counterclaims 103 filed by Counter Defendants Disney Enterprises, Inc., Lucasfilm Ltd
LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Klaus,
Kelly) (Entered: 12/05/2016)

12/05/2016

139  JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc.. (Attachments: # 1 Exhibit A (Plaintiffs' Timetable), # 2 Exhibit B
(VidAngel's Timetable))(Klaus, Kelly) (Entered: 12/05/2016)

12/06/2016

141  ORDER REGARDING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL:
UNREDACTED VERSION OF PLAINTIFFS' REPLY IN SUPPORT OF MOTION TO

- A.568 -

DISMISS AMENDED COUNTERCLAIMS by Judge Andre Birotte Jr.: Plaintiffs'
Application seeking permission to file under seal information designated as confidential
by VidAngel: Unredacted Version of Plaintiffs' Reply in Support of Motion to Dismiss
Amended Counterclaims 136 is GRANTED and IT IS HEREBY ORDERED that the
document and portions as stated in this order shall be filed under seal. (gk) (Entered:
12/07/2016)
12/07/2016

140  PROOF OF SERVICE filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC,
Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc, re Sealed
Declaration in SupportDeclaration, 137 served on 12/05/2016. (Klaus, Kelly) (Entered:
12/07/2016)

12/08/2016

142  SEALED DOCUMENT Plaintiffs' Reply in support of Motion to Dismiss Amended
Counterclaims re APPLICATION to file document Plaintiffs' Reply in support of Motion
to Dismiss Amended Counterclaims under seal 136 , Order on Motion for Leave to File
Document Under Seal,, 141 filed by Counter Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc.(Klaus, Kelly) (Entered: 12/08/2016)

12/08/2016

143  PROOF OF SERVICE filed by Plaintiffs/Counter­Defendants Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc, re Sealed Document, 142 served on 12/08/2016. (Klaus, Kelly)
(Entered: 12/08/2016)

12/12/2016

144  ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by
Judge Andre Birotte Jr.: The Court GRANTS Defendant's Motion for Preliminary
Injunction 27 . Defendants, as well as their officers, employees, attorneys, and those
acting in concert with them are temporarily enjoined re Plaintiffs' copyrighted works on
DVDs, Blu­ray discs, or any other medium, etc. Plaintiff is ordered to post a bond in the
amount of $250,000. See document for details. (gk) (Entered: 12/12/2016)

12/13/2016

145  TRANSCRIPT for proceedings held on 11/14/16, 10:35 a.m.. Court Reporter/Electronic
Court Recorder: Chia Mei Jui, CSR, [e-mail], Transcript may be viewed at
the court public terminal or purchased through the Court Reporter/Electronic Court
Recorder before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/13/2017.
Release of Transcript Restriction set for 3/13/2017. (Jui, Chia) (Entered: 12/13/2016)

12/13/2016

146  NOTICE OF FILING TRANSCRIPT filed for proceedings 11/14/16, 10:35 a.m. re
Transcript 145 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.
(Jui, Chia) TEXT ONLY ENTRY (Entered: 12/13/2016)

12/14/2016

147  EX PARTE APPLICATION to Stay pending Appeal or, Alternatively, Pending Decision
by the Ninth Circuit on Stay Pending Appeal Order on Motion for Preliminary
Injunction, 144 filed by Defendant and Counterclaimant VidAngel Inc.. (Attachments: #
1 Declaration of Jaime Marquart in Support of VidAngel, Inc.'s Ex Parte Application to
Stay Preliminary Injunction Pending Appeal or, Alternatively, Pending Decision by the
Ninth Circuit on Stay Pending Appeal, # 2 Proposed Order Granting VidAngel, Inc.'s Ex
Parte Application to Stay Preliminary Injunction Pending Appeal or, Alternatively,
Pending Decision by the Ninth Circuit on Stay Pending Appeal) (Marquart, Jaime)
(Entered: 12/14/2016)

12/14/2016

148  NOTICE of Appeal from Order Granting Motion for Preliminary Injunction;
Representation Statement filed by Defendant and Counterclaimant VidAngel Inc..
(Attachments: # 1 Exhibit A to VidAngel, Inc.'s Notice of Appeal from Order Granting

- A.569 -

Motion for Preliminary Injunction; Representation Statement)(Marquart, Jaime)
(Entered: 12/14/2016)
12/14/2016

149  NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant and
Counterclaimant VidAngel Inc.. Appeal of Order on Motion for Preliminary Injunction,
144 . (Appeal Fee ­ $505 Fee Paid, Receipt No. 0973­19057881.) (Attachments: # 1
Exhibit A to VidAngel, Inc.'s Notice of Appeal from Order Granting Motion for
Preliminary Injunction; Representation Statement)(Marquart, Jaime) (Entered:
12/14/2016)

12/15/2016

150  APPLICATION for Refund of Fees Paid 130 ­ referred to Judge for ruling. (rdj) (Entered:
12/15/2016)

12/15/2016

151  NOTICE OF FILING OF PRELIMINARY INJUNCTION BOND PURSUANT TO
FRCP 65(C) AND L.R. 65 filed by PLAINTIFFS Disney Enterprises, Inc., Lucasfilm Ltd
LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc. (Klaus,
Kelly) (Entered: 12/15/2016)

12/15/2016

152  NOTICE of Manual Filing filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd
LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc of
Original signed, sealed and notarized bond for preliminary injunction. (Klaus, Kelly)
(Entered: 12/15/2016)

12/15/2016

153  NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and
briefing schedule. Appeal Docket No. 16­56843 assigned to Notice of Appeal to 9th
Circuit Court of Appeals, 149 as to Appellant VidAngel Inc.. (mat) (Entered: 12/15/2016)

12/15/2016

154  OPPOSITION to EX PARTE APPLICATION to Stay pending Appeal or, Alternatively,
Pending Decision by the Ninth Circuit on Stay Pending Appeal Order on Motion for
Preliminary Injunction, 144 147 filed by Plaintiffs Disney Enterprises, Inc., Lucasfilm
Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc.
(Attachments: # 1 Declaration of Rose Leda Ehler, # 2 Exhibit A, # 3 Exhibit B, # 4
Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10
Exhibit I, # 11 Exhibit J)(Klaus, Kelly) (Entered: 12/15/2016)

12/15/2016

163  PRELIMINARY INJUNCTION BOND in the amount of $250,000.00 posted by Chubb
Group of Insurance Companies on behalf of Plaintiffs Disney Enterprises, Inc., Lucasfilm
Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros Entertainment Inc.
Bond No. 82447302. (gk) (Entered: 12/23/2016)

12/16/2016

155  ORDER by Judge Andre Birotte Jr.: Granting 130 APPLICATION for Refund of Fees
(G­124). (gk) (Entered: 12/19/2016)

12/19/2016

157  MINUTES OF Scheduling Conference and Motion Hearing held before Judge Andre
Birotte Jr.: The Court having carefully considered the papers and the evidence submitted
by the parties, and having heard the oral argument of counsel, hereby takes the
Scheduling Conference and Plaintiffs' Motion to Dismiss VidAngel's First Amended
Counterclaims and Strike VidAngel's Affirmative Defense of Copyright Misuse 103
under submission. Court Reporter: Chia Mei Jui. (gk) (Entered: 12/20/2016)

12/20/2016

156  DECLARATION of Kelly M. Klaus re Response in Opposition to Motion,, 154
(Supplemental Declaration of Kelly M. Klaus Regarding VidAngel's Continuing Violation
of Preliminary Injunction, Filed in Further Support of Plaintiffs' Opposition to
VidAngel's Ex Parte Application for a Stay) filed by Plaintiffs Disney Enterprises, Inc.,
Lucasfilm Ltd LLC, Twentieth Century Fox Film Corporation, Warner Bros
Entertainment Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Klaus, Kelly) (Entered:
12/20/2016)

- A.570 -

12/21/2016

158  DECLARATION of Neal Harmon in Support of VidAngel, Inc.'s Ex Parte Application to
Stay Preliminary Injunction Pending Appeal or, Alternatively, Pending Decision by the
Ninth Circuit on Stay Pending Appeal EX PARTE APPLICATION to Stay pending
Appeal or, Alternatively, Pending Decision by the Ninth Circuit on Stay Pending Appeal
Order on Motion for Preliminary Injunction, 144 147 filed by Counter Claimant
VidAngel Inc., Defendant VidAngel Inc.. (Marquart, Jaime) (Entered: 12/21/2016)

12/22/2016

159  NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice
151 . The following error(s) was found: Bond documents are excluded from electronic
filing, pursuant to Local Rule 5­4.2. In response to this notice the court may order (1) an
amended or correct document to be filed (2) the document stricken or (3) take other
action as the court deems appropriate. You need not take any action in response to this
notice unless and until the court directs you to do so. (iv) (Entered: 12/22/2016)

12/22/2016

160  TRANSCRIPT ORDER as to Defendant­Counterclaimant VidAngel Inc. for Court
Reporter. Court will contact Jamie H. Lee at [e-mail] with any
questions regarding this order. Transcript preparation will not begin until payment has
been satisfied with the court reporter. (Stris, Peter) (Entered: 12/22/2016)

12/22/2016

161  EX PARTE APPLICATION for Order to Show Cause re: Why VidAngel Should Not Be
Held in Contempt for Violating the Preliminary Injunction Order (Dkt. 144) filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Attachments: # 1 Declaration of Kelly M.
Klaus, # 2 Exhibit A to Klaus Declaration, # 3 Exhibit B to Klaus Declaration, # 4
Exhibit C to Klaus Declaration, # 5 Proposed Order) (Klaus, Kelly) (Entered:
12/22/2016)

12/22/2016

162  REFUND OF $325.00 made payable on 12/22/2016 to Helen Hsiao for payment made on
11/10/2016 Re: Order on Application for Refund of Fees Paid (G­124) 155 . (rdj)
(Entered: 12/22/2016)

12/23/2016

164  OPPOSITION to EX PARTE APPLICATION for Order to Show Cause re: Why
VidAngel Should Not Be Held in Contempt for Violating the Preliminary Injunction
Order (Dkt. 144) 161 filed by Counter Claimant VidAngel Inc., Defendant VidAngel
Inc.. (Attachments: # 1 Declaration of Neal Harmon in support of VidAngel's Opposition
to Plaintiffs' Ex Parte Application, # 2 Declaration David Quinto in support of
VidAngel's Opposition to Plaintiffs' Ex Parte Application, # 3 Declaration Jarom
McDonald in support of VidAngel's Opposition to Plaintiffs' Ex Parte Application)
(Marquart, Jaime) (Entered: 12/23/2016)

12/23/2016

165  DECLARATION of Stephen H. Kay, Senior Vice President, General Counsel of Roku,
Inc. in opposition to EX PARTE APPLICATION to Stay pending Appeal or,
Alternatively, Pending Decision by the Ninth Circuit on Stay Pending Appeal Order on
Motion for Preliminary Injunction, 144 147 (Declaration of Stephen H. Kay filed in
support of Plaintiffs' Opposition to VidAngel's Ex Parte Application for a Stay) filed by
Plaintiffs Disney Enterprises, Inc., Lucasfilm Ltd LLC, Twentieth Century Fox Film
Corporation, Warner Bros Entertainment Inc. (Klaus, Kelly) (Entered: 12/23/2016)

12/29/2016

166  MINUTES (IN CHAMBERS) Order DENYING Defendant's Ex Parte Application to
Stay Preliminary Injunction Pending Appeal Or Alternatively, Pending Decision by the
Ninth Circuit On Stay Pending Appeal by Judge Andre Birotte Jr. This matter is before
the court on Defendant VidAngel, Inc.'s ("VidAngel") ex parte application 147 to stay the
Court's December 12, 2016 preliminary injunction order granting Plaintiffs' Disney
Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, and
Warner Bros. Entertainment Inc. ("Plaintiffs") Motion for Preliminary Injunction. The
Court finds that VidAngel has not shown a likelihood that it will prevail on its appeal, nor
has it shown that the balance of hardships tips sharply in its favor or that the public

- A.571 -

interest is best served by a stay. Therefore, the Court DENIES VidAngel's motion for a
stay in its entirety. (iv) (Entered: 12/29/2016)
12/29/2016

167  DECLARATION of David Quinto re EX PARTE APPLICATION for Order to Show
Cause re: Why VidAngel Should Not Be Held in Contempt for Violating the Preliminary
Injunction Order (Dkt. 144) 161 filed by Counter Claimant VidAngel Inc., Defendant
VidAngel Inc.. (Stris, Peter) (Entered: 12/29/2016)

12/29/2016

168  MINUTE ORDER IN CHAMBERS Order Setting Hearing on Plaintiff's Ex Parte
Application Requesting an Order to Show Cause Why Defendant Should Not Be Held in
Contempt for Violating the Court's Preliminary Injunction Order by Judge Andre Birotte
Jr. The Court hereby sets this matter for hearing on Friday, January 6, 2017 at 10:00 AM.
IT IS FURTHER ORDERED THAT that if the Defendant wishes to present further
briefing, their papers shall be filed by no later than 5:00 PM on Wednesday, January 4,
2017. Plaintiffs' response, if any, shall be filed by no later than 5:00 PM on Thursday,
January 5, 2017. 161 (rfi) (Entered: 12/29/2016)

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- A.572 -

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