Tag Archives: clearplay

UPDATE: Read VidAngel’s and Disney’s Appeal Briefs to the Ninth Circuit

Legal BattleJustice in the United States court system requires patience (this battle could take years to resolve), but we are trying to keep everyone up-to-date on the progress of the fight to #savefiltering. Here is our report on the appeal to the Ninth Circuit:

December 12th, 2016 - Judge Birotte issues a Preliminary Injunction. You can read the ruling here.
January 11th, 2017 - VidAngel files its Opening Brief on Appeal to the Ninth District Court. The introduction starts at page 17. 
February 8th, 2017 - Disney filed its response (including Disney's standard manipulative mud slinging)

February 22nd, 2017 - VidAngel files its final reply before the Ninth Circuit hearing. 

VidAngel’s mission is to ensure families everywhere have the option to filter content as they wish. The future of filtering is in good hands because these appeals are being argued by Peter K. Stris, who has been to the Supreme Court 7 times.

There is a lot to digest, but we feel that the final two paragraphs of our most recent brief sum it up well:

"Although the public interest in filtering is strong and Congressionally sanctioned, the injunction robbed the public of any viable means to filter. VidAngel is shut down; ClearPlay no longer functions for [streaming] new releases; and the Studios have scared everyone else away.

"According to the Studios, the relevant public interest is in 'upholding copyright protections.' The Studios have confused themselves with the public. The actual public has no interest in seeing America’s only commercially and technologically viable filtering company destroyed through an unnecessary preliminary injunction. The legal questions in this case are as complex and novel as they are important. If the Studios prevail, they will be entitled to damages. If VidAngel prevails, they will not. In either case, there will be a final judgment that 'upholds copyright protections.'"
Now we are just waiting to know when we will get a hearing. We will continue to keep you up to date.

BREAKING: ClearPlay Streaming Has Secretly Been Shut Down Since September

When a Federal judge decided to temporarily shut down VidAngel in December, he accepted the argument that ClearPlay still offered customers a viable filtering option. He said,

“[T]he evidence in the record shows that another filtering service, ClearPlay, offers filtering to Google Play users who access authorized streams from Google Play’s licensed service. An injunction in this case would not prevent VidAngel or any other company from providing a filtering service similar to ClearPlay’s, and thus wouldn’t negatively impact the public interest in watching filtered content in private.”

In making that finding, the court refused to credit VidAngel’s argument that the studios’  terms of service that Google must accept to stream motion pictures prohibit Google from allowing any applications to “modify the audio or visual components of any… content.”  As VidAngel’s expert witness had advised the court, ClearPlay relied on just such an application.

VidAngel has now learned that before Disney’s lawyers blithely assured the court that the Family Movie Act protected services such as ClearPlay’s and assured the court that VidAngel could offer such a service if it wanted, ClearPlay’s ability to filter new content had already been terminated.  Google implemented technical measures in September 2016 to prevent ClearPlay from filtering any new content.  Given that Google was enthusiastic about working with VidAngel to make filtered content available to families before they asserted their terms and conditions in 2014, it appears that the studios have now meted out equal treatment to ClearPlay.

That the cessation of ClearPlay’s filtering in September 2016 escaped notice until February 2017 highlights that customers never viewed ClearPlay’s service as good or convenient.   It also raises questions concerning whether Disney will notify the court that it misrepresented a key fact the court relied on in granting Disney’s requested injunction.

VidAngel learned what had happened only after a customer brought to its attention that ClearPlay had ceased adding new movies.

Gary

[redacted email]

I’m not sure if you’ve noticed, but Clearplay’s streaming service isn’t functioning for any new movies. I called them today and they told me that Google changed “the code” (they had no additional details they could share) back in September, which is prohibiting their ability to stream movies. They have no idea when it will be fixed. The call ended with them trying to sell me a Blu-Ray player (what is that?) and asking me to try and find a red box. A red what?

Anyway, that one option pointed to by Disney isn’t even working now, and it hasn’t for months.

Disney Claims ClearPlay Is The Legal Streaming Option – This Is What They Won’t Tell You 2017/02/03 at 11:10 pm

We checked ClearPlay’s site and verified that no new movie has been added since September 2016. The last available streamed movies were Ghostbusters (published in early September) and Independence Day (published in August). No movies posted then are streaming enabled. That had escaped our notice during trial because older videos were still up and running.
clearplay streaming shut down
clearplay streaming shut down
clearplay streaming secretly shut down
We then took a deep dive into the code and confirmed that Google had shut off its API as to all new movies published to its system. The logical explanation is that Google has now enforced the terms of service the studios imposed on it, preventing ClearPlay from offering a streamed filtering service. (For any curious engineers, we give instructions below for recreating our test.)

The bottom line is that the viewing public is currently left without a streamed filtering option for Hollywood content in spite of a federal law (the FMA) guaranteeing that right to customers. So far, Hollywood has successfully blocked every type of filtered streaming and has sued every company that ever provided filtered content (including ClearPlay).

Please call upon your Congressperson and Senators to clarify the Family Movie Act to make it even clearer that streamed filtering is legal. To find your Congress members’ contact information, and our advice on what to say, please visit SaveFiltering.VidAngel.com

 

 

To recreate the change in the code that has blocked ClearPlay, conduct the following steps:

Steps to recreate working code for older movies.

  1. Rent Independence Day Resurgence here: https://www.youtube.com/watch?v=Wr1xNdTzS1M
  2. Go to the YouTube Player Demo and enter the YouTube ID: Wr1xNdTzS1M
  3. Click “Update Player with Selected Options”
  4. Try clicking “Play,”  “Pause,” or “Seek” and you’ll find that the controls function.
  5. If you enter 1000 seconds and click “Go,” it will skip. Or click “Mute” to mute.

Note the VIDEO ID below is Wr1xNdTzS1M and the video is loading properly.

image05

Steps to recreate code that no longer works for new releases.

  1. Rent Jack Reacher here: https://www.youtube.com/watch?v=EqkN55TzitE
  2. Go to the YouTube Player Demo and enter the YouTube ID: EqkN55TzitE
  3. Click “Update Player with Selected Options.”
  4. Try clicking “Play” or “Pause” and you’ll find the controls DO NOT function.
  5. If you enter 1000 seconds and click “Go,” it will NOT skip.
  6. After some time, you should get the message “An error occurred. Please try again later. Learn more.” (see below)

Note the VIDEO ID below is EqkN55TzitE and the video is NOT loading properly.

image03

You can repeat this process with any title in the ClearPlay library to confirm that ClearPlay has been blocked from filtering movies released after ClearPlay’s streaming was shut down by the Google Play/YouTube code change.

Legal Battle

Disney Claims ClearPlay Is The Legal Streaming Option – This Is What They Won’t Tell You

UPDATE: ClearPlay Streaming Has Secretly Been Shut Down Since September

Disney claims ClearPlay is the legal streaming option. But because of studio restrictions ClearPlay’s service is severely limited (see graph below). What’s more, the studios have admitted they have the power to shut down that service at any time because ClearPlay is violating Google’s terms of service.

How does VidAngel know all this? Because we filtered movies on Google Play before ClearPlay did. The studios shut down our access to Google Chromecast HD streaming and we received a cease-and-desist for violating terms of service.

And this isn’t just antagonism to VidAngel, but to filtering in general. Google Play (which has licenses to stream Hollywood movies) later asked the Studios if they would filter HD movies using VidAngel technology. The studios said no again, this time to Google — one of the biggest companies in the world.

Lionsgate and Sony have also expressed interest in licensing to VidAngel because they realize the filtering market is huge. But they are forbidden to do so by their contracts with the Directors Guild of America.

This IS about filtering. Disney understands that if they can win a fight over decryption or copyright, then they can kill filtering (or render it unusable), allowing them to maintain a veto power over how you watch movies in privacy of your own home.

Fight for filtering by contacting Congress at savefiltering.vidangel.com #SaveFiltering