Streaming Filtered Hollywood Movies Sounds Awesome!
A few weeks ago I downloaded an app that allows users to view movies with filters set. Cutting out nudity, language, suggestive themes, violence, all at your discretion, VidAngel turns some of the most “raunchy” movies into near family friendly entertainment. The problem is that, under current copyright laws, their methods are illegal.
A recent ruling by a California federal judge has ordered VidAngel to stop their service immediately. The ruling states that the service provides content illegally and that their claim that they’re allowing users to “purchase” the film only applies to a physical copy of the DVD. That means they don’t have the right to stream a filtered copy (illegally copied according to the claims of Fox and Warner Bros) to their app’s users.
“Subscribers view a stream from a master copy stored on a server, not a DVD temporarily “owned” by the user. Furthermore, lawful ownership of a DVD only conveys authorization to view the DVD, not decrypt it for the purpose of viewing it on an alternative platform. Therefore, VidAngel’s customers are not lawful “owners of possessors” of the digital content that is streamed via VidAngel’s service”. – US District Judge Andre Birotte Jr.
The company claims that their service is using a loophole to remain legal. Subscribers “buy” a movie for $20, set their desired filters and view the film within 24 hours, and then “sell” it back for $19, resulting in a $1 rental of a filtered hollywood blockbuster. The US District Court in California has said this isn’t legal and their loophole isn’t valid. This doesn’t mean viewers are breaking the law, but it does mean that VidAngel is dangerously close to having to close down its service. In fact, they’ve already been asked to do just that, but they aren’t backing down.
“We will aggressively pursue an appeal and take this case to a higher level where we have always believed we will ultimately prevail. – CEO Neal Harmon (VidAngel)
VidAngel has not shut down their service as requested. They are trying to fight the legal battle and keep their service going. They have even raised millions from investors and subscribers to help with legal costs of the battle. Warner Brothers and Fox have recently filed to ask the court to find VidAngel in contempt. We will keep an eye on this continuing battle.
Our Thoughts
I am an advocate for filtering entertainment as long as it’s customized by the viewer themselves. I’ve always maintained that it’s up to the viewer or parent to decide what is and isn’t “too much” for their family’s standards. That said, I also believe in the right of a director, producer, and studio to protect their property. Streaming services such as Netflix and HULU pay for the rights to stream movie and TV content to their subscribers. This keeps the income flowing to the studios who produce these movies and allows quality content to be accessed by the users of the services. The problem comes when filtering is mentioned. Most studios and filmmakers don’t want their movies altered in any way. They even try, in this lawsuit, to make the case that VidAngel’s filtering isn’t legal. The judge ruled that allowing users to filter out unwanted content isn’t the same as adding material that changes the film altogether. That’s a win for VidAngel but it’s unlikely that permission to stream filtered movies will ever be given by movie studios and major motion picture companies. It’s just too close to breaking their creative rules.
I don’t think VidAngel will be allowed to continue unless the laws are changed to make it possible. As these laws seem to be stated now, VidAngel isn’t handling copyrights properly and are misinterpreting a loophole to try to justify it. I will uninstall the app and not rent movies from VidAngel for the same reason I don’t watch live sports streamed illegally online and don’t download software illegally. It makes me feel icky knowing that it even though it may not be technically illegal it isn’t technically legal either.