Copyright Alliance, Allies Ask for Affirmation of VidAngel Injunction

The Copyright Alliance, DVD Copy Control Association (DVD CCA) and Advanced Access Content System Licensing Administrator (AACS LA) and video filtering company ClearPlay support various content companies in VidAngel's appeal of a U.S. District Court's preliminary injunction (see 1702100010). There are other routes to providing filtered video content than via violations of copyright owners' rights, the Copyright Alliance said in an amicus brief (in Pacer) filed Wednesday with the 9th U.S. Circuit Court of Appeals. It warned of VidAngel's arguments having a ripple effect across copyright law. The Copyright Alliance said VidAngel's argument that since it bought the video content, it can do what it wants to it "is a mutant form of the first sale doctrine in Section 109 of the Copyright Act." The AnyDVD and AnyDVD HD device drivers used by VidAngel to rip video content "are unlawful circumvention tools" banned by the Digital Millennium Copyright Act's Section 1201 and related anti-circumvention laws in other countries, DVD CCA/AACS LA said in an amicus brief (in Pacer) Wednesday. VidAngel's attempt to legitimize its offering also would legitimize such illegal circumvention software, they said. The groups said VidAngel hasn't sought from the Library of Congress a Section 1201 circumvention protection exemption, and the LoC has twice rejected exemptions for format-shifting, which VidAngel claims its service performs. ClearPlay, in its amicus brief Tuesday, said its own service doesn't circumvent access controls or make copies of copyrighted material or make unlawful public performance, thus demonstrating those steps can't credibly be claimed as necessary: "Whatever the legality of VidAngel’s process, it cannot be based on VidAngel’s unauthorized conduct being essential for video filtering." Counsel for VidAngel didn't comment Friday.