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Judge Deals Setback to VidAngel

04/08/2017

VidAngel, a video filtering company that scrubs nudity, violence and profanity from movies and TV shows, was denied a motion to provide a complete green light for the company's new filtering service as a court held that it's not in a position to make a declaration [w]ithout further factual development on this issue.

RELATED: VidAngel, Studios Battle in Ninth Circuit

In June, VidAngel shifted to a new app-based system that filtered existing streams from OTT services such as Netflix and Amazon after it was enjoined from an earlier model whereby it bought DVD copies, decrypted them, and then charged customers for the streamed, filtered versions. VidAngel has been seeking an order clarifying that its new platform doesn't violate the earlier order against its earlier DVD-based model. VidAngel's new system is up and running but does not filter content from the four studios that are suing VidAngel: Disney, 20th Century Fox, Warner Bros., and Lucasfilm.

RELATED: VidAngel Flies Again, With Different Wings

Whereas the previous version of VidAngel's service involved the decryption of a DVD or Blu-Ray disc, VidAngel's current service involves generating a framebuffer version of movie data from a digital transmission that VidAngel purchases through a licensed streaming service, Andre Birotte Jr., judge with the U.S. District Court, Central District of California, wrote Wednesday in the decision, posted here by The Hollywood Reporter. VidAngel's request for a declaration that their new service doesn't violate the Court's order is essentially an action for a declaratory judgment and is not appropriate for resolution in a motion to clarify.

RELATED: Judge Wont Stay VidAngel Injunction

This is simply one issue among many that will be involved in determining whether VidAngel's new service complies with the Copyright Act and the Court's preliminary injunction, Birotte added. Without further factual development on this issue, the Court is not in the position to declare the rights of the parties with regard to this new service.

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