DVD DS sale (is it legal)

[jimbo]

I am sure this has been already discussed since Christmas time was indicated but I can't find the specific discussion here but I just came across this when I googled DS and this website is the number one result (on top of the result page). It's advertising the entire DS collection 1,225 episodes for a very cheap price. How are they able to get away with it? I have to assume it's not the MPI collection.

http://www.tvdvdcloseouts.com/product.php?productid=38420

[Mysterious Benefactor]

Hmmm. I've never dealt with TV DVD Closeouts, so I have no idea what to think. I have dealt with other overstock/closeout types of Web sites, and they normally sell actual brand name merchandise at reduced prices (a certain someone around here probably still hasn't gotten over how little I paid five years ago for the boxed set of all 7 seasons of Buffy ). But I've never heard of a legitimately released boxed set of DS. That doesn't mean an actual MPI packaging of one doesn't exist - or even that a legitimate packaging by some other company (similar to how Columbia House packaged copies of DS on VHS) doesn't exist. But not having seen one reputably publicized, I'd be wary of buying it...

[Midnite]

This is the topic you're thinking of, jimbo--

Dark Shadows complete dvd set on Planet DVD

You probably couldn't find it because the company has changed its domain name (actually, a 3rd time-- hmm, could bad online reviews posted on various sites have anything to do with that?).  The link to PlanetDVDHouse in the topic started by Cassandra Blair no longer works, though the DS set is still listed on PlanetDVDStore.com.

Regarding your question about whether it's legal, I don't know because on one hand their terms and conditions are spelled out for consumers, yet I suspect that MPI would not be pleased if their DVDs were being duped and sold.

[Mysterious Benefactor]

the company has changed its domain name (actually, a 3rd time-- hmm, could bad online reviews posted on various sites have anything to do with that?).

The fact that they keep changing their name should definitely tell us something - and that something isn't good.

[Midnite]

Exactly.
And you HAD to bring up the deal you got on the complete Buffy??!! 

 

[Nancy]

I asked Jim Pierson about this site a while ago and when I asked him if it was legal his response was "  What do you think?"

The deals on the real deal are on mpi and amazon for the most part. 

What is being sold on this aforementioned website are indeed bootlegs.

nancy

[jimbo]

Thanks everyone for your most informative responses and the link to the other topic Midnite.

I can't also imagine that MPI is pleased with this website and how blatantly they are advertising the DS collection; the number 1 search hit for DS on Google is this advertisement. I am sure it will be tempting to some but I have to question the quality of these DVDs and its artwork-the latter probably another MPI infraction.

[Nancy]

Exactly.

Plus, it's dishonest/illegal to make this kind of money off the back of talent you had nothing to do with which is what these people are doing. I'm sure they are being pursued but keep changing their name to make it more difficult.

People who take advantage of the bootleg will not get the quality they would probably want.

Nancy

[jimbo]

I totally agree Nancy. I like how this site identifies its purpose in its FAQ section (Actually I think it's to make money jk)

Some of these DVD's haven't even been released yet.  How is it possible that you sell them?

There is a section of the American copyright law known as "The Berne Act" that Clearly states: films unreleased in the United States, including original versions of films altered and/or edited for release in the United States, are NOT protected by American copyright; thus, they are considered public domain. The entire purpose of our website is to provide otherwise unavailable films or television shows to the serious collector.

[Nancy]

They must have plenty of money to retain a good intellectual property lawyer, that's all I can say.  There is a reason the website constantly changes.

nancy

There is a section of the American copyright law known as "The Berne Act" that Clearly states: films unreleased in the United States, including original versions of films altered and/or edited for release in the United States, are NOT protected by American copyright; thus, they are considered public domain. The entire purpose of our website is to provide otherwise unavailable films or television shows to the serious collector.

[Midnite]

jimbo, I'm sure you could find the text of US Copyright Law on the net, and I guarantee that you will not find a Berne Act in there, nor will you find any other act that nullifies copyright protection for what's described in that quote from the FAQ.  There IS mention of a treaty called the Berne Convention that is something different.  Hope that helped. 

[jimbo]

Thanks Midnite. It seems that this misrepresentation has been and is still being used by these sites to attempt to validate these bootlegs and fool people with their legal twisted lingo interpretation. I got this from Ebay and backs exactly what you said:
"What About the Berne Convention?
Some users have written to us asking whether the Berne Convention for the Protection of Literary and Artistic Works (sometimes mistakenly referred to as the "Berne Act") allows them to list an otherwise infringing item. The short answer is "no." The Berne Convention is an international treaty that the United States agreed to in 1989. By signing the Berne Convention, the U.S. committed to making certain changes to its copyright law. In fact, even before signing the Berne Convention, the U.S. had made all the necessary changes to its law. The Berne Convention itself is not U.S. law and does not excuse activity which otherwise would violate U.S. copyright law."

I now see that MPI's website is now directly above the site in question at a DS google search. Good for them.

[Robot_Quentin]

Some of these DVD's haven't even been released yet.  How is it possible that you sell them

Strange I just found that website tvdvdcloseouts last week looking for the original live action Batman series for my kids. Unfortunately, according to wiki that particular show may never be officially released due to the arguments over who owns what and that many guest appearances were not mentioned by name in the credits due to contractual obligations of those people. Think they are afraid of being bombarded with lawsuits... Too bad, that was a fun show.