[dvd-discuss] Shrinkwrap license on (foreign) DVD

[arromdee(at)rahul.net (Ken Arromdee)]

I should make clear first that this is a R3 Hong Kong DVD and is not a US
release in any way.

I bought the R3 Godzilla, Mothra, King Ghidorah DVD and on the back was a
sticker--exactly the right size to replace the regular copyright notice on
other Universe DVDs.

"Warning: Please read this carefully before opening the sealed package: By
opening the sealed package you agree to be bound by the terms, conditions, and
restrictions of the copyright license or otherwise the agreement in respect of
any use of and dealing with the enclosed film as set out hereinafter.  If you
do not agree to these terms, restrictions, and conditions the copyright owner
is unwilling to license the copyrights to you and to allow you to use, deal
with or otherwise view the film and you should not open the package.  In such
case, promptly return the unopened package along with proof of payment to the
authorized dealer from whom you obtained it.  The copyright owner grants you a
licence in respect of the copyrights subsisting in the enclosed film on the
condition that you agree and accept to use the enclosed film for "private home
use" (as defined below) only.  "Private home use" shall mean the private and
domestic viewing of the film and shall specifically exclude any other rights
including any right but not limited to, and you may not reproduce, alter,
modify, edit, use, exhibit, publish, broadcast, rent, lend, exchange, hire,
sell, or otherwise deal with or exploit the film, in any form of media
(irrespective of whether any such use or dealing or exploitation is for the
purpose of, in the course of or in connection with trade or business, for
moneys worth or otherwise).  These other rights are expressly reserved by and
to the copyright owner.  Any use of the film in any way other than for "private
home use" shall result in your being in breach of this license.  If you purchase
this film from an authorized dealer, please note that the dealer has authority
to enter into this agreement in our behalf."

Now, unlike US DVDs, Hong Kong DVDs do often say the user can't sell or rent
the disk, so this license isn't really claiming anything unusual.

On the other hand, it's the first time I've seen those bans tied to breaking
the shrinkwrap--other DVDs usually just claim that the user is prohibited by
(Hong Kong) copyright law.  I wonder if, in fact, the user does have those
rights and those other DVDs are trying to claim too much--after all, why
would a company need to force him to give up those rights with a shrinkwrap
clause if he doesn't have them anyway?

(At least you can see the shrinkwrap license from the outside of the package,
providing you read English, anyway.  There's no notice in Chinese.)