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A DVD rental service is accusing Universal Studios Home Entertainment (USHE) of threatening to pull its distribution channels unless it agrees to a revenue-sharing agreement.

Redbox, which sells and rents DVDs at approximately 10,000 self-service kiosks across the country, filed suit against USHE earlier this month after USHE allegedly demanded that Redbox adhere to certain conditions.

Specifically, Universal wanted Redbox to wait 45 days until after the DVD release date to make it available in their kiosks; limit the number of USHE DVDs that Redbox could stock; and destroy all DVDs not used in kiosks rather than offer them for sale.

If Redbox refused to sign this agreement, USHE threatened to stop selling its DVDs to Redbox's distributors, VPD and Ingram.

Redbox claims in its suit that USHE's actions violate antitrust laws and constitute copyright misuse.

Approximately 15 percent of the DVDs that Redbox purchases from VPD and Ingram are marketed and sold by Universal, Redbox said. USHE has threatened to cut off Redbox by December 1, 2008 if the agreement is not signed, the suit said.

"The revenue sharing agreement is a naked restriction on output that directly reduces the supply of goods to consumers, and will increase the prices consumers must pay," according to the suit.

Redbox debuted in 2002 in Washington, D.C. and has since expanded to 10,000 kiosks, which can be found in outlets like McDonald's, Wal-Mart, Walgreens, and grocery stores such as Albertson's, Stop & Shop, Harris Teeter, and Meijer's.

Consumers use the touch-screen kiosks or reserve DVDs online and pay $1 per night for the discs. Previously viewed movies can be purchased for $7 per DVD.

"This is a breathtaking attack on the first sale doctrine, which makes it crystal clear that once you've bought a DVD, you can rent and resell it at any price and on any terms you like," Fred von Lohmann, a senior staff attorney with the Electronic Frontier Foundation (EFF), wrote in a blog post. "Universal Studios apparently would prefer a world where millions of DVDs are shredded and put in landfills to one where consumers can rent a DVD for $1."

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Posted by: alan h
October 29, 2008 8:36 PM

Yowch - I really hope they sort this out; there are Redbox DVD kiosks everywhere around here, and they're perfect for DVDs in a pinch. The part that really gets to me as a consumer is the 45-day limitation; if I can go to Blockbuster or Netflix and get a DVD shipped to me faster than Universal allows Redbox to carry it, there's a problem.


Posted by: online_dvd_rental_genius
October 30, 2008 8:41 AM

Wow, thats ridiculous! We dont have redbox over here in the uk I dont think, but they sound like a brilliant idea! Shame about this row though.


Posted by: Rood
November 17, 2008 11:02 AM

I feel the pain the Redbox is going through. I work for a company that supplies DVDs to "mom and pop" video stores located is some very rural areas. The hoops we have to go through to get Universal titles is rediculous. Just because someone doesn't live in a metropolis with tens or hundreds of rental chain stores, should not mean they are not supposed to be able to watch a movie released by Universal Studios. Redbox would be considered a competetor of mine in a way; however, the enemy of my enemy is my friend pops into my mind.


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