Munger, Tolles & Olson represented the Motion Picture Association of America in securing a preliminary injunction against the operators of Zediva, an unlicensed video-on-demand service that transmits performances of copyrighted motion pictures to Zediva customers through the Internet.
U.S. District Judge John Walter wrote in his August 1 opinion that Zediva’s “service threatens the development of a successful and lawful video-on-demand market.”
“Judge Walter’s decision is a great victory for the more than two million American men and women whose livelihoods depend on a thriving film and television industry,” said Dan Robbins, Senior Vice President and Associate General Counsel for the MPAA.
“Movie fans today have more on-demand options than ever for watching films at home, from iTunes to Netflix to Amazon to Vudu to Hulu to the VOD offerings from cable and satellite operators. All these legitimate companies have obtained licenses from the copyright owners. The court found Zediva’s service threatened the development of these lawful VOD and Internet-based services.”
The MPAA’s six member Studios sued WTV Systems, the parent company of Zediva, and Venkatesh Srinivasan, Zediva’s founder and CEO, in the United States District Court for the Central District of California. The studios’ lawsuit alleges that Zediva violates the studios’ exclusive right to publicly perform their works under the Copyright Act. The case will now proceed toward a final resolution.
Munger Tolles represented the MPAA member studios in their successful 2009 lawsuit that stopped RealNetworks, Inc. from distributing DVD “ripping” products known as RealDVD and Facet. The ground-breaking preliminary injunction and subsequent settlement permanently enjoined RealNetworks from distributing the products.
Munger Tolles attorneys representing the MPAA include Glenn D. Pomerantz, Kelly M. Klaus, Carolyn Hoecker Luedtke, Rohit K. Singla and Jonathan H. Blavin.