Just when you thought the bad blood and acrimony between Redbox and “The Hollywood Three” couldn’t get any worse, the kiosk vendor is now claiming that Fox and Warner are stifling its only remaining method of of obtaining the studios’ new release titles.
According to Home Media Magazine, Redbox has amended its court filings in its lawsuits against Fox and Warner with complaints that the two studios are ordering major retailers such as Walmart, Best Buy and Target to only allow Redbox representatives to purchase three copies of new release titles.
In the amended complaints filed on November 30, Redbox makes the following accusations against Warner, which are essentially similar to its complaints against Fox:
“Warner representatives contacted not only VPD and Ingram, but also numerous other distributors and retailers of DVDs, seeking confirmation that they would agree not to sell new-release DVDs to Redbox during the 28-day blackout period … Warner continues to seek agreement with, and cooperation from, major wholesalers and retailers to prevent sales of new-release DVDs to Redbox.”
These accusations raise several questions, not all of which are answered in the filings. What, exactly, is Redbox’s proof that such interference is being perpetrated by the studios? Are the studios violating First-Sale Doctrine by trying to dictate to retailers what they can do with their purchased DVDs, or are these limits already part of existing policy at some retailers? Are the Redbox employees identifying themselves in some manner (i.e., a corporate credit card) when they purchase titles?
Perhaps the discovery process will reveal more facts. In the meantime, give us your take on this new development in the comments.
[via Home Media Magazine]