Zediva taps loophole, offers new movies online (AP)

Wednesday, March 16, 2011 1:01 PM

SUNNYVALE, Calif. – A Calif. start is making newborn impact movies much as "The Fighter" acquirable for fast check online through a loophole: It lets customers lease a DVD and a contestant that are actually located in the Silicon Valley.

By doing this, Zediva Inc. wants to circumvent the usual, sometimes long inactivity punctuation that flick studios bill on Netflix Inc. and another companies that substance moving of movies to Internet-connected TVs, laptops and another gadgets.

Companies are legally allowed to lease fleshly copies of DVDs without permission from the flick studios, the artefact libraries are allowed to freely add discover books. cyberspace moving rights, however, mostly require removed payments, and studios hit typically been reluctant to authorise newer movies for emotion that would revilement into DVD sales.

Zediva believes it crapper intend around those restrictions by attachment cyberspace moving to a fleshly DVD kept at the company's accumulation centers.

"We are dealing DVDs just aforementioned whatever DVD property service," said originator Venky Srinivasan, who came up with the idea for Zediva patch traveling and absent admittance to his DVD-by-mail service. "It's the aforementioned as what has been done for the instance 30 years."

Still, it is a brave move and could face legal challenges.

The Motion Picture Association of America, which represents the field flick studios, declined to comment. Sony Pictures had no interpret and another studios did not directly convey messages for comment.

Copyright attorney Bob Garrett, however, called the assist "cute but illegal." He said there's a clear disagreement between brick-and-mortar flick property stores and Zediva's online assist because Zediva is transmitting planning over the Internet. That requires a removed copyright permission.

He said there is a "long distinction of cases" that do essentially the aforementioned thing, though using assorted technologies, as Zediva. In digit instance, a hotel in Calif. was attractive DVDs or recording tapes and playing them in a machine at the face desk, and transmitting movies up to individual hotel flat on demand.

"The suite said it was a ravishment of open action right," Garrett said.

In another case, the hotel gave guests the fleshly DVD contestant and flick to verify up to their room. That was not a violation.

"The disagreement is the transmission" he said. "That's what converts it into a open performance."

Zediva, which says it has spent two eld developing its technology, is charging $1.99 per movie. The consort promises audience the aforementioned kinds of controls they would enjoy with a DVD contestant at home, including pausing, rewinding and subtitles.

Customers hit control of the DVD they lease for quaternary hours and are allowed to pause the flick for no more than an distance within that time. If they don't poverty to check it in digit sitting, they crapper convey it and move watching it for up to 14 life at no charge.

Only digit mortal crapper lease a DVD at digit time, meaning that if Zediva bought 20 copies of a movie, exclusive 20 grouping crapper check it simultaneously. Still, Zediva saves money because it could serve whatever more customers with the aforementioned fleshly copy of a DVD than a consort that has to accumulation discover a DVD and move for its return.

Srinivasan would not feature how whatever users subscribed up for Zediva on Wednesday. The consort has been investigating the assist with a whatever thousand grouping for a year. He also would not feature how whatever copies of a DVD the consort buys, exclusive that it forecasts demand.

"If there is more obligation for a portion title, we intend more," he said, adding that though the consort plans for peaks, there could be times when a flick is not available.

Currently, Apple Inc. and Amazon.com Inc. substance flick rentals online, but flick studios pick which titles are acquirable and share revenue. Netflix Inc. offers cyberspace moving of movies as conception of monthly subscription packages, but mostly exclusive for senior movies for which Netflix has negotiated rights. Movies crapper verify months or years, if ever, to embellish acquirable on Netflix for cyberspace streaming.

More past movies run to be acquirable exclusive on DVD, and in those cases Netflix and others hit reached deals with whatever flick studios to move 28 life after the DVDs first go on understanding before offering them to customers. (There's no delay if the property consort hadn't reached a deal with the flat emotional the flick in mercantilism for perks much as magnitude pricing or moving rights on another movies.

If the assist takes off and survives whatever legal challenges, it could compete with Netflix and others that hit to stay by the delays.

On weekday morning, it had Danny Boyle's "127 Hours" acquirable to course — a flick that Netflix users won't be able to lease even fleshly copies of until March 29. Other newborn movies, much as "The Fighter" and "The American," were also listed, though these two were rented out.


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