Article - Stores Stop Selling 'Italian Mob'
- See Huk-a-Poo Sportswear Inc. v. Little Lisa, Ltd.,
74 F.R.D. 621 (S.D.N.Y. 1977). Plaintiffs' conduct, and the relief
sought in their complaint, also violates anti-trust law and the
First Sale doctrine, as well as 1201(c)(3)'s prohibition against
encryption technology that, like CSS in home DVD players, requires a
particular design. Plaintiffs believe that the licensing regime
plaintiffs and the DVD CCA constructed permits them to dictate that
members of the public who purchase their movies on DVDs (but not on
VHS or VCD) must also purchase an approved, CSS-licensed DVD player
on which to view that movie. Indeed, Fritz Attaway, the MPAA's
Washington DC General Counsel and major Congressional Lobbyist,
testified that "[i]n order to obtain authorized access to a DVD, the
consumer has to in effect make two purchases. He or she has to buy .
. . a DVD disk . . . and also has to purchase a DVD display device."
Hernstadt Declaration, Exh. E (Attaway Depo., 30:1-11).
- These cases generally do not require
perfection, but instead base their analyses on principles of fair
and non-formalistic administration of the copyright laws. See, e.g.,
Huk-a-Poo Sportswear, Inc. v. Little Lisa, Ltd., 74 F.R.D. 621
(S.D.N.Y.1977) ("This court is mindful of the policy that courts
seek to preserve copyrights rather than invalidate them on the basis
of minor defects in registration certificates."); Craft, supra, at
125 (even though the copyright owner had not claimed "work for hire"
on the certificate of registration, the court noted that "if the
facts sustain his position and if it appears that the misstatement
was inadvertent, little turns on the error; the copyright is not
thereby invalidated, nor is the certificate of registration rendered
incapable of supporting the action").