Kaleidescape - Legal Update
publication date: 30 June 2006
[the product Randy Picker referred to; see previous post]
"On June 1st, 2005, Kaleidescape filed its Answer and Cross-complaint against the DVD CCA. Kaleidescape’s cross-complaint states that the DVD CCA breached the CSS license by not allowing the ombudsman process mandated by its own bylaws to be completed, and that the DVD CCA breached the covenant of good faith and fair dealing by making its unreasonable and unsupported allegations against Kaleidescape and not participating in the ombudsman process in good faith. Kaleidescape’s cross-complaint also seeks a declaration from the Court that the CSS license does not include terms that the DVD CCA claims have been breached by Kaleidescape.
On March 15, 2006, the DVD CCA certified that it would not seek any monetary damages from Kaleidescape as relief for its claims in the case. On May 5, 2006, the Court issued an opinion confirming the DVD CCA’s declaration to the Court that no documents support the DVD CCA’s claim for damages and that, therefore, the DVD CCA has 'unequivocally and unconditionally [withdrawn] and waived' its allegations that it was damaged by Kaleidescape. In sum, the DVD CCA has dropped from its case its claim for monetary damages from Kaleidescape. Kaleidescape’s monetary damages claims against the DVD CCA, however, remain intact."