I bought my daughter the DVD of ‘Finding Nemo‘ a few months ago (not sure when?). As all well watched DVD’s are destined to do, this one cracked, and is no longer playable.
So here’s my theory on DVD’s you purchased legally, breaking: I’ve paid for the right to watch ‘Finding Nemo’ through the medium of this DVD. When I went to wherever I ended up buying it, I paid predominately for the license and not the medium (DVD). Let’s face it, the physical cost of the DVD is negligible. Hence the entertainment industry up in arms at the moment. They’re trying to stop us from duplicating the ‘license’ and not the DVD. So in theory then, when my DVD breaks, they should charge me just for a new DVD and not a new license. After all my DVD broke, and not my license. But I’m prepared to bet that they’re going to tell me I have to buy a new license as well as a new DVD and so end up paying the full price. If that’s the case then in theory I have two licenses and can legally make a copy of the DVD. Right? Let’s see. I say let’s see, because I’ve done this before.
The software industry (Microsoft anyway) get this. I once damaged a Microsoft Office disc, phoned Microsoft, and they replaced the disc at a negligible fee, because I could show them the license, and they get this. They get it much better than the entertainment industry.
I’m going to track this entire journey through this post. Have fun with me. Let’s go…… My journey starts with the local distributors… Nu Metro
Any bets?
Any bets on me getting a new DVD?
Here’s my first e-mail to them…
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[email protected]
Subject: Finding Nemo DVD damaged – could you replace it please
Greetings Nu Metro Customer Care,
I purchased a legal copy of a ‘Finding Nemo’ DVD (2-Disc Collectors Edition) in the last 12 months, and as with all well played DVD’s it finally developed a glitch (in this case a crack) and can no longer be played.
I’d like to purchase a replacement DVD, and understand that I am able to do so for the price of the replacement of just the DVD and not the full price of the 2 Disc Collection (Disc 2 is perfect anyway).
Please could you advise me on how I can go about this?
Thank you
Barrie Bramley
[email protected]
083 326 9925
Right so here’s the next part on the journey…
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From: Samantha Gardner
Sent: Monday, December 12, 2005 9:24 AM
To: Lee-anne Viljoen
Cc: Charl Van Der Merwe
Subject: RE: Finding Nemo DVD damaged – could you replace it please
Hi Leanne,
Unfortunately we do not replace product damaged by wear and tear. If the product is received faulty, the customer has 48 hours to lodge a replacement claim with us.
There is also no discount on the 2nd purchase of the same movie. We pay royalties on each sale and therefore the customer will have to purchase another DVD through the normal channels.
Kind regards,
Sam
Just write back to tell them you’ll be ripping it from someone else, seeing as you’ve paid for the license. Thanks for a.) helping you see the light about the industry and b.) proving your point in the public domain.
Mike’s suggestion is sound – and as far as I understand you’re allowed to make a single copy of a DVD for backup purposes. Go for it, Barrie!
Here’s the next chapter…
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Hello Leanne, Sam and Charl,
Forgive me for being a little confused here. I’m confused because a similar thing happened to me with Microsoft Office. I broke one of the CD’s (can’t remember how) and all they needed was a copy of the license (which I faxed through) as well as proof of the broken CD (which I also faxed an image of through to them) They then replaced my CD with a new one, at little cost (In fact I think it was free)
So that is why I’m confused because to my mind movies in today’s digital world are exactly the same? I buy the rights to watch ‘Finding Nemo from you’ from you. My rights are that only I get to use it, cannot reproduce it, copy it on, etc, etc, and you let me watch it. The DVD is just the medium you supply it in? So I could download it off of Apple iTunes, or buy it on a video tape, etc, etc. But I’m paying for the right to use it and not the channel it comes on?
So when the medium breaks (in this case the DVD) I have already purchased the right to use it. Right? So in having to buy an entirely new license I have two licenses and only one DVD.
Could you please clarify all of this to me?
If I’m right then, I could simply find someone who has a DVD that works, copy their’s (although I’m not sure that can be done) and because I have the license by way of the official packaging, my copy is legal?
Appreciate your assistance in understanding this.
With all the warnings around with illegal copying and cameras in cinemas it’s really difficult to understand what can and can’t be done.
Barrie
And the next…
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Dear Barrie,
I am afraid that we do not operate in the same way as Microsoft at all. We are liable for a royalty/ license fee per disc supplied to consumer/ dealer. The DVD you have purchased some 12 months ago could have been exposed to any number of elements beyond our control and as such we do not guarantee the DVD beyond the condition in which it was purchased in the first place.
It is in fact not legal to download the movie nor is it legal to copy as this is an infringement of the copyright owner – in this instance Pixar.
We are unable to therefore assist you in supplying a replacement disc of Finding Nemo unless you are willing to purchase the disc at the current price inclusive of VAT.
Kind regards
Fay Amaral
CEO
And my reply…
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Hi Fay
Thanks for getting back to me. I appreciate that you must be very busy, especially this time of the year to entertain my non-understanding.
This for me is a serious issue as there is currently much publicity around the stealing of movies and music through copying and downloading. I’d like to get as much clarification as possible.
Surely there are two issues here:
1) the copyright of the artist (in this case Pixar) and the rights I have to view the material they produce
2) the physical channel on which it is delivered. In this case the actual DVD.
Why I don’t understand your reply (the logic of it is basically flawed in my opinion) is that you’re selling me the rights to view the movie. The fact that it’s on a DVD in this particular case seems of no consequence. If I had paid for it and downloaded it off of your web site (I know you don’t offer this service yet), there would be no DVD issue, but I would still have purchased the right to use it. So the DVD has no value other than a delivery vehicle of the movie. DVD’s cost you around R2.50 I’m sure, or there abouts?
Why are you paid for every DVD sold and not ever movie sold? Surely your business model is in jeopardy? As soon as people can buy movies online you will not make any money if you only make money for every DVD sold?
There are also some confusing spaces in this debate:
DSTV
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* DSTV is now selling a PVR, which allows me to copy Pixar movies shown on TV.
* You now tell me I can’t make a copy of a movie when I have already bought the right to watch from you, because the DVD is faulty.
* How come DSTV’s agreement with Pixar is different from yours and they don’t sell DVD’s?
APPLE
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* Apple sells Pixar movies online with no DVD, simply a download. I am able to make a certain amount of copies to play on a variety of devices.
It seems to me Fay, that there is a flawed business model at play here. It is only a matter of time before you sell your movies online. Until then what you’re telling me, is that I am a victim of a faulty system created to maximise the profits of the industry. We both know that what you’re telling me about your business model is dated. The idea of attaching IP rights and royalties in a digital format to a physical medium like a DVD is ridiculous. Even archaic.
I’m still not happy with what you and Nu Metro have sent to me, and will continue pursue this issue through other channels (I decided to give Nu Metro the benefit of first reply) Perhaps I can get a fuller understanding from Pixar itself. Although I’m not sure they will be of any help either in giving me a line of thought that makes any more sense.
In the mean time my ‘Finding Nemo’ will remain on the shelf. I’ve also resolved not to ever buy another DVD until your business model is overhauled. Perhaps DSTV’s solution in the form of the PVR is a better way to go?
Have a great holiday period and here’s to the entertainment industry finding a solution during 2006 to the current crisis it finds itself.
Barrie
Standard international rights, as far as I am aware, allow you to make at least one copy (some say three copies) of any album, video, cassette, CD, DVD you purchase for backup purposes. This is for just such a case as you have, Barrie.
Of course, many companies protect their digital media from ordinary copying. But then, anyone with half a brain can download a free piece of ripping software, and do it anyway.
My understanding of your legal standing is that you have purchased the rights to view your DVD at home only. If you check carefully, you can’t even lend it to anyone else to watch!! (Are they mad?) So, here’s your conundrum…
You can legally, in my understanding, make a copy of your friend’s DVD (because you forgot to make a copy of your own one earlier). But by doing so, he will become a criminal for lending the DVD to you… Go figure.
I don’t think Nu Metro knows what you’re talking about, to be honest.
I’d highly recommend sharpening up your question and getting hold of Pixar directly. In my mind, the fundamental question is: “What have I bought when I buy a DVD?” or maybe: “Have a bought a piece of moulded plastic or have I bought a movie?”
Oh, and PS – I had a similar issue with paper airline tickets. They had all my details online. But if I lost my ticket, they wouldn’t let me fly. I kept arguing (it happened twice) that I hadn’t bought a ticket, I had bought a seat on a plane. Loss of a piece of paper (proof of purchase, really) should not disqualify me from getting what I paid for. At worst, it would involve paperwork to prove that I was me, and then pay for the cost of a ticket reissue.
I won the argument both times. But I didn’t need the aggravation.
Here is my problem. If I cant lend my movie to a friend for free, why can blockbuster charge to do it? Do they have an agreement with the film makers?? And what about the little ma and pa video stores? Do they have an agreement? So if I pay blockbuster to rent a DVD, does the film maker make money? What about when I buy my DVD used? It seems that they get nothing when I buy a used DVD. Is my used DVD then illegal? And am I breaking the law when I visit Video Palace? Hmmmm. I cant wait to see what happens with this Nemo disk. If they are going to make such a fuss about illegal downloading one would hope that thay would, if not reward their legal cutomer, at least stand behind them.
The compromise offer from me to the CEO…
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Hi Fay
What about this is as a compromise of sorts, although still not completely in my favour?
If the issue is all about the royalty, why not just charge me the royalty amount and give me another DVD at cost of DVD (I don’t need the case, so I reckon we’re talking a couple of rand for that?)
You stay in the rules because the royalty is paid, and I get a replacement CD still over priced in terms of having already paid for the right to use it, but less than having to buy an entirely new DVD?
I think it’s a win win?
Barrie
Hastings Entertainment sells this kind of product, both online and in “brick & mortars”. They sell both new and used products. If you should by a used CD or DVD that skips, for example, it is guaranteed. A replacement will be found for you. All companies should have a similar attitude.