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Warner Home Video and 20th Century Fox Home Entertainment have struck the latest blow in the seemingly eternal battle between Redbox and the Hollywood Three. Both studios recently filed motions to dismiss Redbox’s lawsuits against them in a U.
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S. court.

According to Video Business, Warner and Fox are saying that “the world’s largest movie-rental kiosk operator has failed to show any antitrust violations by the studios or any illegal agreements between the studios and retailers such as Walmart or Best Buy.”

Documents filed by Fox with the U.S. district court of Delaware stated the following:

“[Redbox] does not allege harm to inter-brand competition, does not allege market-wide injury to competition and does not allege a plausible antitrust market,”

As we head into the new year, this four-month-old legal scuffle is as bitter and acrimonious as it’s ever been, with neither side looking like it wants to give any ground. How will it end, Insiders? Which side has a better case?

[via Video Business]

9 Responses to “Fox, Warner File Motions to Dismiss Redbox Suit”

  1. Visitor [Join Now]
    John Small [visitor]

    People who want cheap rentals will say Redbox is right.

    People who know anything about the industry and business will say the studios are right.

    I doubt that this will be the end of the lawsuit yet but the studios must be giggling about making Redbox spend money again and again on something it can’t win.

    • Visitor [Join Now]
      acdahl [visitor]

      Wow, someone’s a little sactimonious. People who know anything about the industry? I would say most of the people on this site know something about the industry and the views are diverse. There is no “right” or “wrong” to this argument. It is all opinion and speculation.

      What’s really funny is the studios dumping money down the drain on this. I wonder at what point the legal fees they incur will match or exceed any perceived losses from Redbox rentals.

    • Visitor [Join Now]
      Expert [visitor]

      People who think they know anything about the “industry and business” will have to revise their “knowledge” (read “have their heads examined”) since a lot has changed in all industries and businesses in the last 5-10 years. Those who refuse will follow the suite of GM executives and the likes in the financial world, as we have been painfully watching happen recently.

  2. Visitor [Join Now]
    NewscastLIVE [visitor]

    I am puzzled a bit by the statement that “does not allege market-wide injury to competition.” That is the core of the suite, that in pressuring downstream suppliers not to sell to Redbox, they are in fact causing injury to competition. Adding the term market-wide is not only redundant, but somewhat silly. An action does not have be market wide to be illegal.

    In the end it comes down to the same old story so many times repeated with the movie and music industry. They hate the idea of someone making any money off of “their stuff” without a kickback, and they completely fail to realize that in the end, if the consumer can’t get what they want quickly and easily at a fair price, They will either do without or find some other way to satisfy their desires. Ask the music industry how well that whole control freak mentality worked out for them.

  3. Member [Join Now]
    lumin47

    In all the battles ever fought throughout the history of mankind:
    The VOICE and the DEMAND of the People
    will forever win the fight;
    no matter how much power,
    and, no matter how much moneys,
    this, will stand the test of time,
    as it will now!
    (though many times, the voice of the people will give in :o(,
    as in Hitler’s Nazi Germany)
    So stand and fight, my friends;
    as you are truly the creators….

  4. Member [Join Now]
    ChadCronin [chadcronin]

    I file a motion for the studios to stop witholding movies from us. If they want to control rental pricing then they need to start up their own kiosks then and compete, not force companies to wait, pay more, destroy product, and share additional revenue. All this fighting movie companies and tv channels with distributors is really upsetting and scary to think of what the future holds.

  5. Member [Join Now]
    clintec

    Personally,
    I have begun keeping a list of movies supplied by both Fox & Warner. Of these, I have vowed to purchase neither a movie ticket, nor a a home video media from retail until this has been settled. If it’s a movie my children want to see… I’ll wait for my local Redbox to stock it.

    The law clearly allows Redbox to rent their videos for whatever price they so choose. The studios can clearly choose to have a contract with whomever they choose and allow the others to purchase through alternate channels. The fact that they are regulating their downstream distributors to only supply content to certain parties I find a bit unnerving. To me that’s like Walt Disney, Inc. telling my cable provider that they are not allowed to give my family access to ESPN because I have 3 TVs, yet my neighbor can since he only has 1.

    I totally understand profits… but come on, let’s all grow up a bit! Just because Redbox has identified a strategy that works out great for them, doesn’t mean you should pick up your ball and go home. If I like a DVD I rent, I buy it! Clear and simple. Unfortunately, I have a list of DVDs I like… that I am now REFUSING to buy because of these idiotic lawsuits!

    Everybody looses here:
    1) Redbox, the lawsuits will cost them profits and lost opportunities due to availability issues.
    2) The studios as the lawsuits will cost them legal fees and direct DVD sales because they ticked off people like me.
    3) The consumers, because our choices become more limited on the few GOOD movies that the studios are successful at producing. Lord knows that there is a great deal of crap coming out of the studios these days.

    In short,
    Grow Up…
    Begin producing better content…
    Quit complaining about the profits you DO make…
    Quit blaming others for your problems…
    Find new ways to continue to be “relevant”…

    Because if you don’t… others may follow my lead.