Hollywood's Kinder, Gentler DRM: UltraViolet, Getting Slammed In Reviews
from the shocker dept
Remember UltraViolet? This was Hollywood's plan for a new, kinder, gentler DRM for movies that would try to provide some additional features. Or, rather, it would (oh so generously) grant you back just a few rights that anyone could get with an unauthorized version of a file... and you were supposed to thank them for this. As we noted at the time, what consumer problem does UltraViolet actually solve? The answer is absolutely none. It only attempts (and fails) to solve a perceived studio problem. Meaning that it was destined to piss off customers.And that's exactly what's happening.
Jeff Malfant points us to an amusingly satirical Wired article, pretending to be from the studios' vantage point about UltraViolet:
UltraViolet will make purchasing a movie only slightly more of a pain in the ass than searching BitTorrent. Driving to a local video store and buying a copy on DVD or Blu-ray should only take about a half-hour more than downloading it, and I want to assure you that the legitimate copy will contain all the ads, auto-loading trailers and overproduced menu screens that even the pirates can’t figure out how to include.But even more telling, as sent in by Keith, are some of the user reviews popping up on Amazon that appear to totally slam UltraViolet as ridiculous and annoying:
Once you’ve bought it, all you’ll have to do is take the time to register it and give us whatever information we decide we need. We know pirates don’t have to do that, but we think you’ll find it fun. It’s sort of like Facebook, only instead of friends and family, you have a humongous powerful group of international corporations hanging on your every datum.
Once you’ve signed in, that’s when the fun begins. You see, the movies you paid for with your own money will be stored for you in your “locker.” Just like the lockers you use at school or the gym, they’ll be convenient, somewhat secure, they won’t actually belong to you and we can do anything we want with anything in them.
Let the pirates have their boring old “hard drives” and “networked media servers.” With UltraViolet, you’ve got a locker!
This review does not relate to the movie, but it is focused on the ridiculous process to download the digital copy. After creating accounts for both Flixster and Ultraviolet, linking the accounts, enabling WB to view my personal information, the system hangs and doesn't download the movie. I contacted Ultraviolet first with the issues and error messages. After a day, I was told this is not an Ultraviolet issue, but a Flixster problem. I then contacted Flixster. They responded by sending me to the FAQ. To date, I have not gotten a proper response from Flixster on the error messages. I plan on canceling both accounts and will NEVER buy another DVD tied to Ultraviolet. This is a complete rip off and WB should be ashamed of this dreadful service. Please do yourself a favor and don't buy the movie with the digital copy. If you want a digital version, just got to iTunes.And another:
First off I really liked the movie, if I was just rating the movie, it would probably be 3 1/2 stars, however, I have spent 4 days now trying to get this so called "digital copy". I knew what Ultraviolet was, and I thought it had promise to be used to stream to any device not locked to just one service (itunes), but it doesn't work. First off you have to sign into 4 different services to even get this stuff to maybe work, [...] some ultraviolet site and to "manage" your collection flixster collections...when in trying to link all of these useless accounts I can no longer access the movie to stream. So I am left with a product that does not work and customer service is a joke. I have been bounced around from site to site and from rep to rep who keep telling me to do the same thing over and over again, no matter how many times I tell them what has happened and what the issue is.And another:
This flixster ultraviolet "suckloution" is the worst ever, you are better off ripping the DVD...
Warner Brothers has really pulled a fast one with this 3D edition that was supposed to include everything with this "UltraViolet" digital copy. It's NOT a digital copy, but rather an authorization to access a streaming video of the original cut of the movie online. This is NOT the package I pre-ordered! When I saw the commercials for the "UltraViolet" digital copy, I thought there would be some special feature-- I never dreamed that special feature would be WB promising me a digital copy that I couldn't use in iTunes EVEN THOUGH EVERY OTHER DIGITAL COPY OF A MOVIE DOES. The digital copy you do get (IF you can get the website to work!) has to be played on some kind of Adobe player THAT WILL NOT PLAY THE FILE. So you're stuck with their online streaming swill even though you were promised a digital copy.And there are plenty more along those lines. When will the industry finally realize that DRM doesn't help anyone?
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Filed Under: drm, reviews, ultraviolet
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DRM only sucks when compared to breaking the law. Not shocking, is it?
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Please
Ignorant
Recording
Agency
Cut
Your...
They intentionally left the 7th word out because it would not spell anything.
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DVD - Cannot skip FBI Warning. Cannot skip second warning. Cannot skip third warning. I OWN THE THING!
VHS - Can fast forward through all that.
DVD - Cannot LEGALLY make ANY copy.
VHS - No restrictions on copying.
DVD - Have to sit through coming soon ads, no skipping.
VHS - Can fast forward through adds.
BLU-Ray - Will intentionally degrade the quality if you have the wrong wire.
DVD/VHS - Will always display to the best of their ability.
Old Digital Copy - Worked in iTunes and any capable device.
UltraViolet - Seems the players are more limited.
So lets see... have we been giving a better viewing experience with the increase of DRM and protectionism? The five minutes of my life wasted every time I put in a DVD and sit through unskippables says no. Then again maybe I am just a bitter old man trying to cherish every minute I can by having fun and not being annoyed, oh well.
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> I put in a DVD and sit through unskippables
The other night I had a Blu-Ray that not only took over the 'skip' and 'FFW' buttons, but also disabled the 'stop' and even the 'power' buttons as well. Basically once the disk and the ads started, you couldn't stop it short of physically yanking the power cord out of the wall and I was leery of even doing that-- afraid maybe they programmed some sort of taser-like function into it that would shock me if I tried to interfere with their relentless marketing.
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No adverts or piracy warnings for me!
But probably breaking the law in the UK.
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No I will not go near DRM Digital krud ever.
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Cosby was right! Kids say the darnedest things(tm)!
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You are supposed to be going to the cinema where you will experience the film in exactly the way the director intended.
Plus you get all the benefits of the overall "theater" experience.
oh ..... I see your problem nvm
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> where you will experience the film in exactly
> the way the director intended.
You are supposed to be going to the cinema
where you will pay exactly the price
the studios intended.
> Plus you get all the benefits of the
> overall "theater" experience.
Yes. Crying babies. Ringing phones. People talking. Inability to pause to get more popcorn or empty your bladder.
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SARCASMATRON 9000: The Ultimate Sarcasm Detector
To operate: move the switch to the ON position.
This device should not be submerged in water.
Sarcasmatron Inc. does not guarantee the use of this product for any specific purpose.
This device is not subject to any warranty, guarantee, or other promise except where prohibited by law.
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VHS -> Macrovision Encoding prevent / degraded copies, but also cause problems with playback on some systems.
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How does a DRM system that doesn't work, won't let me watch my movie and that can crash my computer a good thing for me as a consumer?
Answer, it isn't. It is on the same level as a virus and I will purge it from my computer.
But guess what, I don't need your concession "digital copy" I can make my own digital copy from my legally purchased DVDs and watch them on what ever device I choose. All without computer killing DRM.
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(which is to say: not evil at all)
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Which is of course a complete waste of time and money for all - see my comment about physical shops below.
Moral - save time and money and win friends by trusting your customers.
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Ultraviolet is unnecessary DRM. It treats the customer like a criminal, as if using Ultraviolet is how pirates get their content. The point that this site has consistently made is that users will pay for content as long as the money is right and the product is easy to use. Ultraviolet fails miserably at the "easy to use" part.
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It's a little different, don't you think? iTunes makes money on every sale, technically. Their costs for content are fixed per unit, not a large number that they have to recoup to break even. If they sell for $1, they make 10 cents profit, and it's a nice day. A movie company that sunk 50 million into a movie and sells it for $1 still has a long way to go to make a profit.
iTunes compares well to a retail store, but not to the producer.
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Some of which is direct revenue for the content producer.
"not a large number that they have to recoup to break even"
So, iTunes was free to set up? You seem to confuse marginal and fixed costs, yet again.
"A movie company that sunk 50 million into a movie and sells it for $1 still has a long way to go to make a profit."
Did he say that the price of a movie had to be the same as a single song on iTunes? Does "no DRM" suddenly mean that it can't be sold for more (despite being realistically more valuable than DRMed product)?
"iTunes compares well to a retail store, but not to the producer."
So, now you're saying that producers of content don't make money from things sold in retail stores? Or is it that revenue from retail suddenly doesn't matter once the store's digital?
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So, why not let someone else take that risk? Someone like, say, iTunes?
All your comparisons assumes that selling DRM-free digital copies is going to DECREASE sales, when in fact it would most likely do the opposite.
Or in other words; how can you make more money by NOT selling your product at all?
(The product in this case being an actually usable digital copy of the movie)
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DRM = actual lost sales here. It is a dealbreaker.
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Because that would mean that *gasp* someone other than the movie studio would be making money! And that's even *worse* than filesharing!
Think about it - the movie industry thinks that filesharing costs them money... if someone else is making money, then not only is it costing the studios money (because the file is being transferred over the network), but they're losing *even more* money because the consumer is paying for it! It's like a double-whammy!
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DRM sucks full stop. And you know who it sucks for? The customer who makes the decision to legally purchase the item.
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How about comparing it to legally downloading your movie without DRM?
Besides, if you actually read the article you'd have seen it suck on so many levels it might as well be a black hole.
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Back before the RIAA decided to stop being idiots and trying to enforce it on music, I chose to buy music only from non-DRM outlets like eMusic or to legally rip CDs I owned.
DRM sucked completely because I couldn't even choose which device to play my music back on with DRMed files (which I why I didn't buy them).
Which law, pray tell, was I breaking by listening to my non-sucky, non-DRMed files?
You fail. Again. One day, you will stop your idiot assumptions and join the rest of us in reality...
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FTFY.
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DRM is supposed to stop people from breaking the law. DRM is not effective.
so if the DRM technology doesn't do what you want it to do (which is prevent illegal downloads) AND it makes your legitimate customers angry (and possibly increases illegal downloads) then why bother with the DRM technology in the first place.
paying for media is optional. people pay you because they feel they should, not because they have to. crappy services that limit choice and features erode that feeling of obligation that your revenue model is based on. this is the essential point that media companies cannot grasp.
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Umm, no. DRM only sucks compared to no DRM. There is no connection with breaking the law. If the studios wanted to, they certainly could provide a way to legally purchase the movie without DRM.
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Real Physical shops
Next came the supermarket - which streamlined the process even further - though it did make shoplifting easier - but guess what - the shops still found it was better for them and swallowed the losses in return for more sales and lower wage costs.
Finally we progressed to the system in my local Waitrose - where the store lets you do the scanning and only checks up on you once in a blue moon. Now stealing would be even easier - and can even be done accidentally - but the store still thinks it's worthwhile for them.
Moral of the story ?
Trust your customers - just like the MPAA don't.
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Re: Real Physical shops: try your example in a /jewelry/ store.
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Re: Re: Real Physical shops: try your example in a /jewelry/ store.
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It's best not to think about it too much, OOTB's logic may collapse your mind into a singularity and destroy the rest of the planet with it.
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There's a clear pattern of NOT thinking here at Techdirt, all right. It's the only way one can adhere to Mike's views.
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Re: Re: Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
Yeah but if you stop posting nonsense to every article and pretending you know what you are talking about a lot of that will go away
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Re: Re: Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
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Re: Re: Re: Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
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Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
Of course they aren't. It costs a few cents to make a cheap plastic widget or doodad. It may cost 50 billion dollars to make a movie! Does that sound cheap to you?
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Re: Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
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Re: Re: Re: Re: Re: Real Physical shops: try your example in a /jewelry/ store.
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How does that help your point? Are you trying to say that digital files of movies and music are not cheap goods? I'm just confused.
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Music (to make) IS cheap goods; movies (to make) are NOT. It's at least a million to one ratio, can't be ignored. The old Itunes example was trotted out somewhere.
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A lot of people have this incorrect assumption that higher budget equates to higher quality. With good writing, good direction, and a supportive fan base, you can spend under $10,000 and use that to bring in success.
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Love Actually 2003 - budget, 47.7 million, gross, 249 million
The Proposal 2009 - budget, 40 million, gross, 163 million
Two "rom-coms" both good money makers but one cost 7 million more than the other. What is the real difference? Also, both spent most of their cash building sound stages for filming. Love Actually has several scenes in an airport and they are all faked. The Proposal filmed in a real office but then had to do a re-shoot so they replicated the entire office on a sound stage. WTF?
The problem is the movie business is run like a fraternity. A bunch of dudes want their friends to get into the business so they throw money around and hire people that just stand around or occasionally paint a backdrop but nobody cares because almost every movie makes a huge profit.
In reality the vast majority of movies (including special effects) could be made for a under 10 million dollars. But first they would need to start running it like an actual business where there are accounting practices, budgets, compromises on spending, etc.
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You know what else is not expensive? Peanut butter.
Going back to your original point, what was it again?
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Re: Re: Real Physical shops: try your example in a /jewelry/ store.
Plus - the supermarket I am referring to sells CDs and DVDs so you fail.
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Also, cameras cover the exits and the scanners. The supermarket doesn't trust us or its own employees. The supermarket is just being cheap.
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Here in Sweden, you get a handheld device that you use to scan the barcodes. If it's something where you choose how much you want to buy, i.e. fruit, you weigh it at a scale, and then you get a barcode for that item.
Then you simply pay in an unmanned register.
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The unauthorized version shouldn't exist, just because something isn't packaged the way I want it packaged does not give me the right to obtain it illegally.
Just because Coke isn't sold in 1 gallon jugs doesn't mean I can walk into a supermarket with a 1 gallon jug and open 2 liter bottles pooring the contents into my jug. And then walk out of the supermarket with my 1 gallon jug and tell them, "well if you would have offered 1 gallon jugs I would have bought it."
"As we noted at the time, what consumer problem does UltraViolet actually solve? The answer is absolutely none."
It provides streaming access to the movie at no additional cost to the end user. This is an additional format option that wasn't available to the end user before, but you're complaining about it.
You will never be happy until the movie studios are out of business and all we are left with is indy movies. God I hate that crap, character-driven movies about whiny self-absorbed hipsters. I want huge explosions, cutting-edge special effects, and CGI that is indistinguishable from real-life footage. And yes I have seen independently produced action movies with decent special effects but they are still embarassingly subpar when compared to LOTR, Avatar, etc...
Even when the stuidos provide additional options for consumers you gripe. You're like the little kid that throws a temper tantrum because he doesn't get everything the way he wants it. There is no compromising with you, it's your way or no way.
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Of course, I should just be grateful that I'm allowed to pay for a version of the movie that may work when the stars are aligned and I sacrifice a kitten to 'Mtumakalumba, since it's different.
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The rest of your post is idiotic also.
"Actual value"? A person wants to watch a movie at home. That's the desired experience, that's where the value lies.
End of story.
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And when it gets in the way of using what you bought, it is a FAILURE that should be staked and killed.
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oh your stories over? So we can get back to talking about reality?
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I do not think that term means what you think it means.
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The only person watching them are the people buying the bloody films!
LMAO!!!
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The video game industry started up in the early 70's with games like Pong. It wasn't until the first PC's that it started to grow.
Over time the games began to be pirated as it was relatively easy. Major corporations were dumbfounded and instead of figuring out what the problem was they moved to consoles, which ended up being just as heavily pirated.
One day, a few companies decided to give people what pirates have been giving, relatively cheap and easy to obtain video games.
Those companies, like Valve and Direct2Drive, and services like the Android Market led the industry into a Second Rennaissance of video games. Games became very cheap and very easy to obtain. The PC game industry began to expand faster than ever in the history of PC gaming. Now its projected to outpace growth in console gaming.
So don't say this bullshit that piracy is what caused DRM. DRM wasn't necessary to stop piracy. What happened to Movie Studios was that they lost control of the distribution channel by not paying attention. The video game industry learned that lesson by seeing how stupidly asinine the movie industry was. Now video games are set to outpace the movie industry, while the movie industry is readying increase in prices to make up for the fact that people are turning to video games instead of movies for entertainment.
So no, piracy did not beget DRM. DRM was not necessary to compete with pirates, hell pirates don't care about DRM and customers actually paid for items that were locked by DRM. DRM is to punish people for doing things that the MPAA doesnt like.
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What makes better sense, and is a supportable hypothesis is that the issue isn't primarily piracy. For background, this is a good article: http://arstechnica.com/media/news/2007/01/8616.ars
That's a dramatic oversimplification. Most consumers want more than just that. They also want to use their existing equipment. They want to be able to watch their movie from every room they have a TV in. A lot want to do this without paying a recurring cost, and without having to give up a lot of personal information. And so forth.
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That's funny. DRM and regional protection is the reason a lot of people I know turned to piracy at various times...
Do you honestly think that DRM (which only affects legit customers, not pirates) will reduce piracy as opposed to, say, offering the product the customer is asking for?
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In a world where nobody "pirated", the movie studios would still want to impose restrictions. For instance, they would love to have you pay extra to play the movie in more than one device, or play the movie more than a limited number of times.
Of course, people would still try to bypass these restrictions on the movies they bought. Remember, we are talking of a world where nobody "pirated", so they can't simply download a copy. The shortsighted reaction of the movie studios to people bypassing their restrictions would be the same as happened in real life: to add DRM, making their product less convenient to use.
There: we have the same DRM situation without "pirating". Only that it's worse, since in that world where nobody "pirates" people would not have an alternative, and thus the studios would have much less fear of a backlash.
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The scenario isn't imaginary, it was exactly what was happening before the internet. Movie studios sued VHS rental places because they wanted people to buy the movie. Then they tried to stop VHS distributors from selling to rental places. It has always been about control.
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You mean like how the industry makes up numbers to show that they're dying, yet pulling off record-breaking profits year after year?
Free tip: take your own advice; otherwise, gtfo.
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God knows I'm not the one giving them money.
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Bullshit. Since DRM does NOT stop piracy AT ALL it's no their fault.
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Seems like a catch22 to me. Fight piracy and stop saying, 'It's the movie industry's fault", support efforts to fight piracy and when piracy doesn't exist DRM will go away.
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Those are some magical drugs you're taking.
For people who thnk the way these studios thinkg, there will always be DRM, even if piracy magically dropped to nothing, they'd use that as evidence of why DRM needs to stay-- "See? DRM works, we put those pirates out of business. All the more reason for more and continued DRM!"
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Really, then explain DVD region codes.
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but after you buy the coke you can do whatever you want with it. Apparently buying this movie does not allow you to watch it let alone easily put it into a format you want. Following your analogy coke should have DRM(drink rights management) that if makes your pubic hair catch fire if you try to put in it glass with ice.
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Difference is we want coke in a gallon container. We went to the store and legally purchased 2 2liter bottles of coke. Took it to the privacy of our own home placed it in a gallon jug for our own personal consumption. We wanted coke to make gallon containers, but since they won't, we just have a way (bought our own gallon jug and funnel) of converting it into a state where it is readily consumable. We are not slapping a coke label and freely distributing it. Just wrapping it in a package we can use.
My area doesn't have good 3G coverage so my iPad is wifi only. This makes ultraviolet cumbersome at best, totally unusable at worst and that's overlooking the cumbersome bug ridden drm and account management system
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Really? I have a perfectly good streaming service directly from my seedbox.. And I don't have to worry about DRM!
There are some perfectly good legal streaming services out there, but they are being crippled by huge licensing fees, stupid restrictions etc. I can't even get Netflix because I live in the wrong country!
If they kill the restrictions, the money I pay each month for a seedbox, for a VPN, for usenet access, etc can go to the creative industries - until then, my money goes to the services that give me the content in the most convenient way.
Let me give you another example - guess how many pirated apps I have on my Android phone? Zero - simply because I find the market way more convenient than finding torrents for them and in the majority of cases the prices are acceptable. That is not to say that I have not pirated apps on my phone - but only when I want to try them if I feel the price is a little too high - that is also a direct result of Google changing from a 24hr refund policy to a 15min refund policy!
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As I have stated previous, I think you should be able to make a backup copy of a DVD in case the original media is broken or wears out. You should NOT be allowed to copy the DVD and then share it with 10 million other people.
If you don't like the format something is offered in don't buy it, but don't download an illegal copy of it either.
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You mean like Pepsi - or any of the hundreds of "cheap" brands of cola flavoured drinks?
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Lets look at it. People aren't pissed because they can not buy coke in a gallon jug.
They are pissed because coke only allows you to buy it in 2 liter bottles and wants to put you in jail if you buy 2 liter bottles and pour them into gallon jugs for your own convenience.
Not only are they not offering the product you want they are making it illegal to use your legally purchased product how you want to.
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But it does, that's the reality. The main point that is underlying all of the posts on this subject on this site is that piracy exists, and it's not going anywhere, so the intelligent thing for content producers to do is find a way to thrive in the face of it -- and use t to advantage. Instead, the big corps are trying to engage in activities that anger their legitimate customers, trample on the rights of everyone in general, and that will do nothing to solve their problem.
Not true, unless you define "cost" as being "monetary expense." From the reviews, it sounds like the system often doesn't work so they aren't even providing the streaming at all. Even when they are, the cost to the consumer sounds substantial: the cost in time, effort, aggravation, and invasion of privacy.
That's just stupid, and the opposite of the truth. The sentiments I've read here from people who would like the studios to go out of business come about because the studios are actively harmful as they currently operate, and there is no sign that this will change. If they went out of business, they would certainly be replaced by businesses who can operate in a more acceptable way. The movies you like would still get produced.
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The problem is that DRM is more like walking in a store to find the Coke is locked up and in order to buy any you need to present ID and fill out forms to buy it. So instead of doing that people walk out and go to the guy on the street corner offering it for free in the gallon jugs. The thing is people are actually willing to risk that the guy on the street could be putting anything into those jugs just so they can avoid the hassle at the store.
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If it doesn't come off, you can call and talk to Coca-Cola's computers for the next two hours (you know, that two hours you were going to spend watching a movie while having a nice drink). Your time isn't precious, but they can't afford to pay a human being to talk to you.
So you figure you'll just get a knife and poke a hole in the bottle, but it's illegal to open the bottle any other way, because Coca-Cola gives millions of dollars to politicians every year and then suggests to them what the laws should be regarding bottlecaps. Just because you own it doesn't mean you can do anything you want to it.
There's a silver lining though - in 120 years none of those laws apply and you can open the bottle and do anything you please (provided the laws are never, ever changed between now and then).
So you say "Fuck all that!" poke a hole in the bottle and enjoy your Coke.
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> at no additional cost to the end user.
No, that's what it *claims* to do. What it *actually* does is make the user jump through a bunch of useless hoops only to ultimately find that it doesn't work.
> This is an additional format option that
> wasn't available to the end user before
And by all reports, still isn't available in any practical sense.
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Also I'v heard Coke is sold in at least 5 different packages not counting draft options.
As for things that shouldn't exit in this world I would probably put hunger, poverty and war before unauthorized copies of some crappy comic adaptation.
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Just because Coke isn't sold in 1 gallon jugs doesn't mean I can walk into a supermarket with a 1 gallon jug and open 2 liter bottles pooring the contents into my jug. And then walk out of the supermarket with my 1 gallon jug and tell them, "well if you would have offered 1 gallon jugs I would have bought it."
"""
But once you get the 2 liters home you can pour them into 1 gallon jugs if you want. DRM prevents you from doing what you want with the file after you bring it home.
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Since you seem to be confused, let me make it simple for you:
The customer is always right.
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Despite all your claims noone actually thinks it's illegal to make an unauthorized version of a movie you already paid for. Sorry.
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Okay, this is getting pathetic. When's it going to stop?
In this article, it's those Amazon articles, which 1 minute of investigation would clearly show these reviews were written for the express purpose of being anti-DRM, not by "average consumer".
A few tip-offs:
-Most reviews only have one review written.
-Those having just a few more (and not coincidentally tied to the "Ultraviolet" brand) spend time in other reviews complaining about DRM as well.
-"Average customer" seems to be quite content on the movie, not the DRM.
I know it's probably a pain in the ass to actually spend a minute on every article, but I can't stand it when people use strawmen to found an argument...
...especially when TD's the first to attack them when they used against a position.
I would request, in the future, any reference to Amazon's comments be taken with a grain of salt.
Better yet: don't ever use them again. They're worthless to both argument positions and to consumers, since most don't even actually review the product at hand.
Just my two cents.
Now, as for the topic itself: this should be no surprise to anyone. If Disney ever gets its "Keychest" program out there, however, "Ultraviolet" will be considered a godsend.
Call it a hunch.
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Re: Okay, this is getting pathetic. When's it going to stop?
So? Does being anti-DRM rather than merely anti-Ultraviolet make the concern invalid? Or, are you saying that writing a review to expressly warn would-be customers that the DRM is present and damaging is of no use?
"-"Average customer" seems to be quite content on the movie, not the DRM.""
I'm not sure what point you're making here - it's suspicious that a person can be positive about the movie but not the DRM? If that's the case, well... dur. In fact, enjoying the movie would make me *less* accepting of the DRM, since its only purpose is to get in between me and my ability to watch the movie.
"I would request, in the future, any reference to Amazon's comments be taken with a grain of salt."
As any intelligent reader already should, since there's no way to independently verify who wrote them.
"If Disney ever gets its "Keychest" program out there, however, "Ultraviolet" will be considered a godsend."
So, we should be cool with this DRM because Disney have something more odious up their sleeve?
No, I'll retain my opinions, thanks.
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Re: Re: Okay, this is getting pathetic. When's it going to stop?
This is a product that people BOUGHT. It is found to be DEFECTIVE. They are doing a service to others at point of purchase.
I'd never written an Amazon review in all the years of using the service until this very thing happened to me. The manufacturer of the product was deaf to direct complaints from paying customers. I felt compelled to give others information they would need to make an informed purchase and Amazon was how I could do it. I stopped no one from buying if they really wanted to, but at least they might have a better understanding of what they were really buying, something they wouldn't get from any product description.
Great game! Great movie! Great whatever! BUT...are the associated problems worth your time or money?
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Re: Re: Okay, this is getting pathetic. When's it going to stop?
Joking aside:
"So? Does being anti-DRM rather than merely anti-Ultraviolet make the concern invalid?"
My argument is about using strawmen to justify the attack on DRM, not the differences in DRM.
"I'm not sure what point you're making here"
TD's position is DRM is bad for consumers (no dispute), but for this particular issue, I'm not seeing consumers complaining, per a quick review of the reviews. What I'm seeing are the one-shot reviews of attacking the DRM specifically while saying nothing about the actual product in addition to.
That's a red flag for me as a consumer. To put this more in perspective: Would you value a review of 1 star because they're reviewing shipping and not the product?
"So, we should be cool with this DRM ..."
Good point. Keychest has nothing to do with this. My apologies for the tangent. :)
But to be clear: I'm not upset at anyone, but the use of strawmen is something I despise in these discussions.
I should reasonably suspect people would check into this (as I did), but (and no offense to anyone in particular) some of the comments I've seen on this site leave me to believe any external linking is saved only when they're done reading this site.
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Absolutely. If the shipping were atrocious for an excellent product, and all the reviews were 5 stars, I would call those reviews worthless as they omitted a major flaw.
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I wish... just wasting time while waiting for my car to be repaired! Just stating my honest opinion here.
"I'm not seeing consumers complaining, per a quick review of the reviews."
How do you know they're not consumers? At least a subset of them seem to be, even if there's a few new accounts created just to complain here.
"Would you value a review of 1 star because they're reviewing shipping and not the product?"
No, but I'd certainly take notice if there were a lot of them.
As mentioned above, this has happened a number of times when particularly odious DRM was introduced into games. It's a fairly easy way to protest, gaining a lot of visibility for little effort. It was also very effective in the cases of Spore and some other games which had their DRM removed after the backlash.
If I were genuinely interested in just the product, it would be a trivial matter to ignore the 1 star reviews. But, I couldn't say I wasn't warned when the DRM bit me on the ass after I bought it...
"But to be clear: I'm not upset at anyone, but the use of strawmen is something I despise in these discussions."
The thing is, I'm not seeing strawmen. I'm seeing an example of how pissed off people are. It may be astroturfing, maybe not, but neither of us can prove either case.
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Re: Okay, this is getting pathetic. When's it going to stop?
Since the DRM is tied to the "digital copy" that is included in the price of the DVD, it IS a review of the product. Specifically, the not-working part of the product. So, so much for straw-man arguments.
Plus, how many people with the time and willingness to use the digital copy aren't tech-savvy enough to expect better? My parents and sister buy a movie with a digital copy "because it's digital," and because they expect it to work just like bittorrent (and Steam). Download and play. Anywhere. Anytime. Why? Because it makes sense. Because we pay $50+ a month for 20 gb/s internet, and our end can handle the bandwidth, why can't theirs? Because anyone with access to a search engine can find a copy that works better.
We don't want free. We want function. We want a price that is justified by the content. If you can't justify your price with your content, your price isn't worth it. So I won't pay it.
I will never buy a DVD with this broken DRM included, and if I can get to them first to explain the problem, neither will anyone in my family.
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Re: Re: Okay, this is getting pathetic. When's it going to stop?
I want your internet connection!!! I'm lucky to get 5Mb/s - thats nearly a zillion times slower than yours :(
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Re: Re: Re: Okay, this is getting pathetic. When's it going to stop?
Shit. I meant to say 20 MB/s. Not... Wait. I'll be right back...
Right. 20 Mb/s, not gb/s. Whups.
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Re: Re: Re: Re: Okay, this is getting pathetic. When's it going to stop?
Mb is mega bits
there are 8 bits to a byte, its a subtle difference but one the ISPs like to use to make their shit sound 8x faster than it is
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Re: Re: Okay, this is getting pathetic. When's it going to stop?
1-phone
2-tablet
3-Computer
4-laptop
5-TV 1
6-TV 2
7- TV 3
8- Spouse's Phone
9- Spouse's Tablet
10- Children's Phone
11- Children's Phone
12- Children's Phone
THATS ALOT OF DEVICES, why would you possible need anymore!
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Re: Re: Re: Okay, this is getting pathetic. When's it going to stop?
Pirated files have no such restrictions. In other words, it's an inferior system you're being charged extra for.
"THATS ALOT OF DEVICES, why would you possible need anymore!"
You're making the typical fallacy of assuming that people will only want to play their files with the current gen. I still play DVDs I bought in 1997, but the DVD devices I use are totally different and have changed greatly over the years. I should have the same freedom with the digital files I obtain.
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Over the last, say, 7 years I've gone through 4 laptops, 3 desktops, 1 10' tablet, 2 7' tablets, and 2 cell phones. (Some similar devices, for various reasons, have sometimes been in simultaneous use.) My wife has gone through 4 TV's, 1 10' tablet, 1 7' tablet, 2 laptops, 1 desktop, and 2 cell phones. So--I should live the rest of my life without purchasing any more electronic device, and my wife can replace her cell phone once and nothing else, and DON'T EVEN THINK ABOUT ONE ACCOUNT PER HOUSEHOLD because SOME ARROGANT MORON DOESN'T KNOW ELECTRONIC DEVICES BREAK OR GET OBSOLETE?
It won't stop being pathetic until all the petty tyrants stop telling their honest paying customers what to do with legitimate purchases.
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Re: Okay, this is getting pathetic. When's it going to stop?
A few tip-offs:
-Most reviews only have one review written.
-Those having just a few more (and not coincidentally tied to the "Ultraviolet" brand) spend time in other reviews complaining about DRM as well.
-"Average customer" seems to be quite content on the movie, not the DRM.
I know it's probably a pain in the ass to actually spend a minute on every article, but I can't stand it when people use strawmen to found an argument..."
http://www.amazon.com/gp/cdp/member-reviews/A3PUXJQUQYXJGD/ref=cm_pdp_rev_all?ie=UTF 8&sort_by=MostRecentReview
13 reviews mostly positive 8 year old account, hates ultraviolet
http://www.amazon.com/gp/cdp/member-reviews/A1NFR6I9KSUR6M?ie=UTF8&display=public &sort_by=MostRecentReview&page=1
29 reviews mostly positive ten year old account, hates ultraviolet
http://www.amazon.com/gp/cdp/member-reviews/ANVYJMPDZWTO5/ref=cm_pdp_rev_all?ie=UTF8& amp;sort_by=MostRecentReview
6 reviews all extremely positive, except he hates ultra violet
Those are from the first few pages. I skipped all the people with many reviews that were all negative and people with 1 review because there were some. Including someone with a 12 year old account who has never commented but apparently this was the straw.
I know amazon comments are not a trustworthy source of information but there is certainly a backlash about this "service" beyond just DRM haters getting all DRM hatey
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Re: Okay, this is getting pathetic. When's it going to stop?
I'm not so sure about this as a signifier. I've never written an Amazon review, good or bad. I will probably never write a good review, because if I'm happy with my purchase then I have no emotional motivation to go to the trouble of going back to a product page for a product I'm no longer considering buying (because I already have it).
If I got a product that angered me severely, though, I could totally see myself going back and writing a bad review. Then I would be one of those people who only have 1 review. Does that mean my review is somehow invalid?
I actually am more suspicious of reviewers that have numerous reviews posted, because it seems like they just like to write reviews, or are paid to write reviews. If most of their reviews are bad, or most are good, then I do entirely dismiss their opinion as it's probably more about them than about the product.
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Timing is everything
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Just buy or rent DVDs, then! -- Since you're all legal and paying.
I've already covered these next points elsewhere, but as they keep being put up:
) Music is cheaper to make than any movie. No comparision can be made with success of Itunes or whatever music. Nor can shops with commodities be used to claim that /high/ priced items could be offered without guarding.
) Blame /pirates/ for the presence of DRM. You can say loss of income is only perceived, but those who wish for that income even if hypothetical are fixated on it, so it's chiseled in granite, take it as a fact of their motives at least.
Does anyone here /really/ wish to assert that /you/ after spending, oh, say (per Mike's example), $100M making a movie, would make it available online to everyone without DRM? -- Want to identify yourself as at best a sappy idealist? Hmm? Anyone? ... You all know darn well that it'd be pirated and you'd never recover those pesky "sunk (or fixed) costs". What a bunch of impratical hypocrites.
But to exact topic: Let's say, just for argument, that DRM streaming were made as convenient as bittorrent, after some one-time hoops are jumped through. Price stays the same, but then you'd all be happy, right?
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
All you knobs have to do is make a website, charge 5 bucks a month and you would be rolling in the cash. Still put movies out to theaters, still sell whatever you want. Piracy will heavily decline and we can stop reading your dumbass remarks. Go do it and shutup!!
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Re: Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
ootb is a victim of selective procesing/recall
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
but its pirated anyway blue. DRM doesnt stop pirates it just inconviences paying customers, and pushes them towards piracy. You like them seem to think this DRM system has any effect on piracy once you stop thinking that you will realize how stupid all this is. Some people will never pay and no DRM will ever stop that so why not do right by the people that will pay for things?
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
The movie is already available online to everyone without DRM, sometimes before it has even hit the shelves. For free, no less. Whether or not it is morally right to do, every movie is and will be pirated.
This is the entire point of the argument. If your paying customers are receiving broken products, and the non-paying thieves are receiving functional products, then you have failed as a business. There is no possible way you could be *worse off* by having DRM-free content at the same price; everyone who paid will still pay (why wouldn't they pay the same price for a better product?), and everyone who would download still downloads (well not everyone, some more people would buy it once the hassles of DRM were gone)...but you don't screw your customers over in the process.
But to exact topic: Let's say, just for argument, that DRM streaming were made as convenient as bittorrent, after some one-time hoops are jumped through. Price stays the same, but then you'd all be happy, right?
Netflix. I'm quite happy with Netflix. And it's as easy as bittorrent. Hell, I would say it's even easier. The quality is reliable, and it's available everywhere I go that has a decent Internet connection, even if I go to a friend's house.
---
A little off-topic, I want to see your honest opinion on something. I have pre-ordered the new Zelda game, Skyward Sword. Games are usually released on pirate websites a few days before they hit the store shelves. Seeing as how Nintendo has already had my money for about a month (remember, I pre-ordered), do you think it's okay to download the game to play it before it's released?
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
As opposed to the DRM 'protected' content which isn't pirated?
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
I would assert that, yes. Not because I'm a sappy idealist, but because I'm a realist. DRM does not stop piracy, or even slow it down, so the only effect of it is to cost me sales because I'm pissed off a portion of my legitimate customer base.
The pragmatic business decision is to omit the DRM and, if necessary, address the piracy in a different way. On that score, there are a myriad of possibilities. Which is the best would depend on my exact business position.
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Re: Just buy or rent DVDs, then! -- Since you're all legal and paying.
And yes, just to make a point, I paid for the damn thing, Please make the multiple FBI warnings skippable!
Anyway, back to the point, as you read in the original post, "Ultraviolet" and it's associated service are not only broken but required several hoops to burn in order to get the "Digital Download". Obviously this is Draconian Fail aimed at someone that has already proven they are willing to PAY for the movie. So why make it is so damn hard and piss off existing customers? Have me register my copy with you (So my copy can be tracked if its found on some server.) and then give me the clean file in .MPG or .AVI format.
BING! I'm happy and feel like I got what I PAID for. Accordingly, I will continue my habit of buying movies, despite my wife's objections, making you money.
Everyone wins. No one gets all pissy because of some Pain In The Ass DRM.
But in reality, what I do now is buy the shiny disc, and rip it to make my own "Digital copy" because the industry has it made getting their version of the digital copy so painful, I simply wont submit to the process.
My point is:
1 - I'm happy to buy your product.
2 - I paid for the damn thing, make the stupid FBI warnings skippable. Really, this means a lot to me.
3 - Watermark my digital copy and give me the file. I am willing to live with that.
4 - Make it simple and I'm your man.
5 - Make it painful and obnoxious and I simply wont do it. Why should I? I paid for the shiny thingy.
And finally, don't offer the movie at all and even though I've proven that I am willing to pay for it, I will find it in the Internet. I think you missed a paying customer there.
Sigh, really how F'n hard is this for you guys to get? I'll give you cash and someone will always find a way to defeat the DRM crap. So why bother and lets trade cash for product. I'm more than willing!
Good thing my wife doesn't read this blog......
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Way to miss the point.. The fact is that if you spend $100M making a movie, the chances are that it will be available without DRM regardless of your wishes - so why spend the time and money applying a useless technology that pisses off the people who WILL actually buy your movie? - especially as that useless technology will have further costs attached to it as well - support calls and ongoing servers for example. Piracy happens REGARDLESS of DRM - DRM does nothing at all to stop it or even to slow it down.
"But to exact topic: Let's say, just for argument, that DRM streaming were made as convenient as bittorrent, after some one-time hoops are jumped through. Price stays the same, but then you'd all be happy, right?"
Only if I actually owned the content and not simply a license to view the content until the servers are turned off. That means that as well as streaming, I must be able to download for viewing offline, and it must work flawlessly on ANY of my media devices - that includes my Android phone, my tablet, my TV, my PVR, XBMC etc. Then we might be a little closer.
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In times past, the pace of technology was such that by the time a new technology emerged, people were about ready to replace their old devices which were wearing out. Now technology evolves at the pace where increasingly larger groups of people are sometimes skipping one or even two generations of tech before they are ready to replace their old tech.
As I have been saying for close to 15 years now, what we are seeing, and will continue to see if things go unchallenged, is a fundamental shift from a capitalism economy back into a quasi-feudal society - except instead of large land baron, we will slowly become serfs to increasingly larger mega-corporation.
They have already replaced the government with what is effectively an Oligarchy (say what you will about the Democrats and Republicans - and despite their vastly different methodologies, if you follow either path to their logical conclusion they invariably arrive at pretty much the same destination - but watch what happens when anything comes along that might threaten their collective power base) so now it is just a matter of working the legislation through to make the changes they need.
One just needs a really good history book of the American Colonies from about the 1730s to about the 1770s to see the parallels in the process going on today.
Unfortunately, now, as then, it does not appear that enough people are paying attention or care enough to keep the process from reaching its inevitable violent conclusion.
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Behold! The 8000 word EULA
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By accepting and agreeing to the UltraViolet Terms of Use, you affirm that you are at least eighteen years of age or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, representations and responsibilities set forth in the UltraViolet Terms of Use. IF YOU ARE A MEMBER UNDER THE AGE OF EIGHTEEN, PLEASE REVIEW THE ULTRAVIOLET TERMS OF USE, INCLUDING OUR PRIVACY POLICIES, WITH YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE UNDER THE AGE OF THIRTEEN, YOUR PARENT OR LEGAL GUARDIAN IS REQUIRED TO FIRST BECOME A MEMBER OF THE ULTRAVIOLET ACCOUNT TO WHICH YOU WILL BE ADDED AND THEN TO ACCEPT THE ULTRAVIOLET TERMS OF USE (INCLUDING THE TERMS OF OUR PRIVACY POLICY AND THE CHILDREN’S PRIVACY POLICY INCORPORATED THEREIN) ON YOUR BEHALF IN ORDER FOR YOU TO USE ULTRAVIOLET.
Changes to UltraViolet and the UltraViolet Terms of Use
DECE reserves the right to make changes to UltraViolet from time to time, with or without notice to you. Any description of how UltraViolet works contained herein should not be considered a representation or obligation with respect to how UltraViolet will always work. DECE reserves the right, from time to time, at any time, and in its sole discretion, with or without additional notice to you, to change the UltraViolet Terms of Use. You should review the UltraViolet Terms of Use frequently to understand the terms and conditions that apply to your use of UltraViolet. The most current version of the UltraViolet Terms of Use can be viewed at any time by visiting the UltraViolet Terms of Use page on the UltraViolet Website (Terms of Use). Such changes shall be effective and binding on you upon the earlier of your acceptance of the updated UltraViolet Terms of Use (i) via a “click-through” consent or other industry-standard mechanism, or (ii), except with respect to the section below entitled “Resolving Disputes”, by your continued use of UltraViolet after the date the updated UltraViolet Terms of Use are presented and available to you by posting on the UltraViolet Website. The most current version of the UltraViolet Terms of Use will supersede all previous versions. If you do not agree to, or cannot comply with, the updated UltraViolet Terms of Use, you must stop using UltraViolet.
Jurisdictional Issues
These UltraViolet Terms of Use are intended for UltraViolet Accounts created and used in the United States of America (“United States”). DECE does not represent or warrant that UltraViolet, your UltraViolet Account or any rights with respect to UltraViolet content stored in your UltraViolet Account are appropriate or available for use, download or streaming in other locations. If you choose to access a United States UltraViolet Account from other locations you do so on your own initiative and are responsible for compliance with any and all applicable laws and regulations, including both the laws of the United States and such other locations. If you travel to, or change your UltraViolet Account as you may be permitted to, a different country or territory, you may not be able to re-download or stream content that was available to you in your previous country or territory, and if it is available, different terms of use, as well as additional charges, for such content may apply.
Third-Party Sites, Products and Services
In connection with UltraViolet you are able to use and interact with third party products and services and to link to or from third party websites (“Third Party Sites, Products and Services”), including retail services, streaming services, media players, applications and devices. DECE IS NOT RESPONSIBLE FOR THE AVAILABILITY, QUALITY, OR PERFORMANCE OF ANY THIRD PARTY SITES, PRODUCTS OR SERVICES OR ANY INFORMATION OR MATERIALS CONTAINED THEREON. The fact that you may utilize and link to Third Party Sites, Products and Services does not constitute an endorsement, approval or sponsorship thereof by DECE. DECE is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third Party Sites, Products and Services. If you choose to rely on any Third Party Sites, Products and Services, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice. You may also be subject to, and are solely responsible for complying with, any additional terms and conditions associated with the use of such Third Party Sites, Products and Services. Any such third party terms and conditions are in addition to the terms and conditions set forth herein and do not in any way modify your obligation to comply with the UltraViolet Terms of Use.
Setting up an UltraViolet Account
In order to use UltraViolet, an UltraViolet Account must be created. The UltraViolet Account creator must be at least eighteen years old. If you are the creator of an UltraViolet Account, you affirm that you are at least eighteen years of age, and are fully able and competent to enter into and comply with the UltraViolet Terms of Use. When submitting information through UltraViolet, including when setting up an UltraViolet Account and when registering Members, you agree to provide only true, accurate, current, and complete information. You also agree to maintain and update the information you provide as required to keep such information accurate and up to date.
Registering Members
Your UltraViolet Account may have a total of six authorized Members including yourself (each a “Member”). Each Member must be a natural person and will be assigned an access level by the person adding that Member. You can learn more about the rights and limitations of each available access level at the time you are asked to assign member permissions or by logging into your UltraViolet Account at www.uvvu.com and reviewing the information in the “Help and FAQ” link.
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT ALL MEMBERS OF YOUR ULTRAVIOLET ACCOUNT ARE INDIVIDUALS WHOM YOU TRUST AND WITH WHOM YOU ARE COMFORTABLE SHARING PERSONAL INFORMATION (AS DEFINED IN AND IN THE MANNER SET FORTH IN THE ULTRAVIOLET PRIVACY POLICY) AND THE ULTRAVIOLET RIGHTS PLACED IN THE ULTRAVIOLET ACCOUNT. ONCE REGISTERED, EACH MEMBER WILL, SUBJECT TO PARENTAL CONTROL SETTINGS, HAVE ACCESS TO AND HAVE THE ABILITY TO USE ALL OF THE ULTRAVIOLET RIGHTS STORED IN THE ULTRAVIOLET ACCOUNT, REGARDLESS OF WHICH MEMBER OBTAINED THOSE RIGHTS ORIGINALLY. Additionally, depending on the access level OF a Member, that Member may have the ability to add and remove Members (including the person originally creating the UltraViolet Account), add and remove devices, change Members’ passwords, change Members’ profiles and access levels, and terminate the UltraViolet Account. IF YOU ARE REMOVED FROM AN ULTRAVIOLET ACCOUNT YOU WILL LOSE THE RIGHT TO ACCESS THE ULTRAVIOLET CONTENT IN THAT ULTRAVIOLET ACCOUNT (INCLUDING ANY ULTRAVIOLET CONTENT THAT YOU ORIGINALLY OBTAINED THE RIGHTS TO).
Parental Controls
UltraViolet is not intended for use by children without the involvement and supervision of a parent or legal guardian. Accordingly, UltraViolet offers parental controls designed to assist parents and legal guardians in restricting Members under the age of eighteen from accessing certain UltraViolet content. Despite setting the parental controls within UltraViolet, please note that there are certain circumstances where UltraViolet’s parental controls may not be effective in restricting access to content. For example, once UltraViolet content is downloaded to an authorized Ultraviolet-compatible playback device, media player or software (each an “UltraViolet Device”) or streamed via a streaming service that does not require a Member login, such UltraViolet content may be accessible to anyone who has access to that UltraViolet Device or streaming service. In such circumstances, to the extent available, you must also set the parental controls on that UltraViolet Device or associated with such streaming service to restrict access to UltraViolet content. It is your responsibility to research and properly configure the parental control settings on your UltraViolet Devices and streaming services to prevent access to inappropriate materials. If an UltraViolet Device or streaming service does not provide parental control settings, and parental control settings are important to you, you should not use such UltraViolet Device or streaming service.
BECAUSE AN ULTRAVIOLET ACCOUNT MAY CONTAIN RIGHTS TO EXPLICIT, VIOLENT OR ADULT CONTENT, PARENTAL DISCRETION AND UTILIZATION OF ULTRAVIOLET’S PARENTAL CONTROL FUNCTIONALITY AS WELL AS THE PARENTAL CONTROLS AVAILABLE ON YOUR ULTRAVIOLET DEVICES AND THROUGH YOUR STREAMING SERVICES IS ADVISED FOR ALL MEMBERS UNDER THE AGE OF EIGHTEEN.
Confidentiality and Passwords
Maintaining the confidentiality and security of your UltraViolet Account is the responsibility of you and the other Members of your UltraViolet Account. Each Member will have his or her own password, and each Member’s user name/password combination will grant access to your UltraViolet Account. You should select a password that is difficult to guess and not reveal your password to anyone else. BECAUSE A MEMBER MAY HAVE THE ABILITY TO MODIFY YOUR PASSWORD AND DELETE YOUR MEMBERSHIP IN YOUR ULTRAVIOLET ACCOUNT, BE CERTAIN THAT YOU ONLY SHARE AN ULTRAVIOLET ACCOUNT WITH INDIVIDUALS YOU TRUST. In the event of any breach of security, including unauthorized access or use of your UltraViolet Account, immediately notify DECE at CustomerCare@uvvu.com.
Privacy Policy
UltraViolet’s policies with respect to the collection, use and sharing of information are set forth in the UltraViolet Privacy Policy and, with respect to children under thirteen, also the UltraViolet Children’s Privacy Policy, both of which are incorporated herein by reference for all purposes. Please review our privacy policies, and if you are under the age of eighteen, review our privacy policies with your parent or legal guardian, to understand our practices. By accepting the UltraViolet Terms of Use you are consenting to the UltraViolet Privacy Policy and UltraViolet Children’s Privacy Policy.
Obtaining Rights to UltraViolet Content Once your UltraViolet Account is set up, you may begin obtaining rights to UltraViolet content. Rights to UltraViolet content can be obtained from participating retailers and are reflected in your UltraViolet Account. The UltraViolet content available from participating retailers will vary from retailer to retailer. UltraViolet content always comes with certain rights to both download and stream such content, but the particular terms associated with any particular UltraViolet content are established by the retailer from whom such UltraViolet content is obtained. Please check with your retailer for the exact details of its UltraViolet offer. In addition to rights to stream and download UltraViolet content, a participating retailer may also offer you the right to burn or receive UltraViolet content on a physical format (such as a DVD); if a retailer does offer you such an option, you may only obtain one physical copy of each UltraViolet content title, and if this physical copy is lost or damaged it cannot be replaced for any reason.
Your UltraViolet Account is designed to reflect all of the rights to UltraViolet content that you and other Members of your UltraViolet Account have obtained and have available for use. Your UltraViolet Account can be accessed by visiting UltraViolet through the UltraViolet Website at www.uvvu.com, through participating retailers and streaming service providers, and through other available products and services.
Viewing UltraViolet Content
Once you or another Member obtains rights to UltraViolet content from an UltraViolet retailer, you may view that content on UltraViolet Devices registered to your UltraViolet Account and via authorized streaming services. You are aware and understand that by using UltraViolet, you may have access to UltraViolet content that may be deemed offensive, objectionable, unpleasant, or indecent, and that such UltraViolet content may not be identified as such. You agree to use UltraViolet at your sole risk and that DECE will have no liability to you for your exposure to such content. If you are under 18 years of age or if parental controls are set with respect to your use, you understand that certain UltraViolet content may not be available for download or streaming by you even if there are rights associated with such UltraViolet content in your UltraViolet Account.
Registration, Use and Removal of UltraViolet Devices
UltraViolet Devices are required if you want to download (as opposed to stream) and play UltraViolet content. Once your UltraViolet Account is set up, you may begin registering UltraViolet Devices in your UltraViolet Account. UltraViolet allows you and other Members in your Account to register up to twelve different UltraViolet Devices to your UltraViolet Account. A particular UltraViolet Device may only be registered to one UltraViolet Account at any given time. Once an UltraViolet Device has been registered with your UltraViolet Account, you and other Members may use that UltraViolet Device to play downloaded UltraViolet content.
In order to qualify as an UltraViolet Device, the device, media player, app, or other hardware or software product must display the UltraViolet logo (the logo may appear on packaging, manuals, inserts, load screens, etc., as opposed to the external casing of the device itself) and meet the system and compatibility requirements that DECE establishes from time to time. We may change the requirements for UltraViolet Devices from time to time and, in some cases, whether an UltraViolet Device remains a supported device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are UltraViolet Devices may cease to be supported in the future. Device manufacturers are responsible for ensuring that their UltraViolet Devices are compatible with UltraViolet. DECE makes no representation or warranty with respect to the compatibility of particular UltraViolet Devices.
An UltraViolet Device may be removed from your UltraViolet Account. In order to perform a removal of an UltraViolet Device, you will need to follow the procedures specified by DECE. For the removal of an UltraViolet Device to be considered a “Verified Removal”, the UltraViolet Device itself must be involved in the removal process and you will likely need to follow a procedure that is prompted by such UltraViolet Device. In the event that you are unable to perform a Verified Removal (because of loss, damage, or any another reason), you may remove an UltraViolet Device by accessing your UltraViolet Account and initiating a removal; however, any such removal will be considered an “Unverified Removal”. In order to prevent the misuse of UltraViolet, DECE imposes limits on the number of times UltraViolet Devices can be removed and reregistered. Each UltraViolet Account is limited to two Unverified Removals every 365 days; additional attempted Unverified Removals within that period will not be considered a removal and will count against the UltraViolet Account’s limit of twelve UltraViolet Devices. An Unverified Removal may be converted into a Verified Removal in the event that a Verified Removal is subsequently initiated from the applicable UltraViolet Device. An UltraViolet Device that has been removed from an UltraViolet Account may only be re-registered to that same UltraViolet Account three times during any ninety-day period.
Streaming UltraViolet Content
Your UltraViolet Account is authorized to receive a total of three streams of UltraViolet content simultaneously. The UltraViolet content that is available for streaming and the devices to which it may be streamed will vary depending on which authorized streaming services you elect to use in connection with your UltraViolet Account. Depending on the type of streaming service you and the other Members of your UltraViolet Account elect to connect to, such streaming service may be available for use by all Members of your UltraViolet Account and without the need to separately log into your UltraViolet Account, or the streaming service may only be available to a particular Member after that Member logs in to his or her UltraViolet Account. Each streaming service supports its own devices so you will need to check with your streaming service provider to determine the devices to which you are authorized to stream UltraViolet content. In connection with your use of streaming services you may be required to comply with additional terms and conditions of such third party service.
System Requirements and Administrative Access
Use of UltraViolet requires Internet access and at least one UltraViolet Device or device supported by a Streaming Service, and may require certain software and the obtaining of updates or upgrades thereto from time to time. You are responsible for any fees associated therewith. Because use of UltraViolet involves hardware, software, and Internet access, your ability to use UltraViolet may be affected by the performance of these factors as well as by changes in these technologies over time. High-speed Internet access is strongly recommended. In addition, all UltraViolet Devices may not support all of the features and functionality available for UltraViolet. For example, to view high definition UltraViolet content you will need a high-definition compatible UltraViolet Device. You acknowledge and agree that such system requirements, which may be revised from time to time, are your responsibility. You further acknowledge and agree that DECE is not responsible for failure in proper configuration or limitations of your UltraViolet Devices. UltraViolet is independent of such other products, services and offerings, and the purchase or obtaining of any such product, service or offering does not guarantee your access to the full features and functionality of UltraViolet. In connection with the operation of UltraViolet, DECE will have administrative access to your UltraViolet Account to provide customer service, maintenance and support, investigate complaints, and/or fix errors but shall not be obliged to do so at your request or otherwise.
Termination, Removal and Suspension of a Member or UltraViolet Account
If for any reason you no longer wish to use UltraViolet, you may remove yourself as a Member or, if your access level allows, terminate your entire UltraViolet Account. Terminating your UltraViolet Account will terminate access to that account and the UltraViolet rights associated with it for all Members of your UltraViolet Account. We will use efforts to retain your UltraViolet Account information for ninety days after termination in case your termination was in error, however, we have no obligation to retain any of your UltraViolet Account information and any such information, including any rights in your UltraViolet Account, might not be restored. In sharing your UltraViolet Account you are consenting to the termination of your UltraViolet Account and your rights with respect thereto by any Member whose access level provides such account administration rights. If you elect to terminate your UltraViolet Account or another Member, you are solely responsible for notifying the affected Members prior to such termination. DECE assumes no liability for any failure by a Member to notify the other Members of an UltraViolet Account prior to deletion of a Member or such UltraViolet Account. If you wish to retain copies of the UltraViolet content in your UltraViolet Account prior to termination, you must download the corresponding content to an UltraViolet Device or, if you obtained the rights to do so, obtain the content in a form of physical media, such as a DVD, prior to termination, in each case only as authorized by DECE and the retailer from whom the rights to such UltraViolet content were obtained and in accordance with DECE’s requirements and subject to any third party requirements.
You agree that DECE may, in its sole discretion and without notice to you or liability, restrict, suspend, or terminate your access to part or all of UltraViolet if DECE believes you or a Member of your UltraViolet Account are using or have used UltraViolet in violation of the UltraViolet Terms of Use or applicable law or regulations or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, DECE may restrict or suspend your access to your UltraViolet Account upon reasonable notice to you, which may be communicated electronically, for cause, which includes but is not limited to (i) requests from law enforcement or other government authorities, (ii) unexpected technical issues or problems, or (iii) if DECE reasonably believes that your UltraViolet Account has been created fraudulently, your UltraViolet Account has been accessed fraudulently, or a Member of your UltraViolet Account has otherwise committed fraud or is using your UltraViolet Account other than for its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, after notice to you, to terminate any UltraViolet Account that remains inactive for one year. In addition, you understand that DECE may modify or cease providing UltraViolet or any portion of UltraViolet at any time without notice. You agree that DECE will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your UltraViolet Account or rights to any UltraViolet content.
ON TERMINATION OF YOUR ULTRAVIOLET ACCOUNT, Whether terminated by you or by DECE, YOU WILL LOSE ALL RIGHTS TO ACCESS THE UltraViolet content IN YOUR ULTRAVIOLET ACCOUNT UNLESS YOU HAVE (A) DOWNLOADED THE CORRESPONDING UltraViolet content TO AN ULTRAVIOLET DEVICE, OR (B) if you obtained the rights to do so, OBTAINED THE UltraViolet content IN A FORM OF PHYSICAL MEDIA, SUCH AS A DVD, IN EACH CASE ONLY AS AUTHORIZED BY DECE AND THE RETAILER FROM WHOM THE RIGHTS TO SUCH ULTRAVIOLET CONTENT WERE OBTAINED AND IN ACCORDANCE WITH DECE’S REQUIREMENTS AND SUBJECT TO ANY THIRD PARTY REQUIREMENTS.
Conduct In Connection with UltraViolet
In addition to any other requirements associated with the use of UltraViolet, you may not and agree not to:
share your password with anyone, or obtain or attempt to gain unauthorized access to UltraViolet Accounts to which you are not a Member, or obtain or attempt to gain unauthorized access to UltraViolet content to which you do not have permission or authority to access;
alter, edit, delete, obscure, otherwise change the meaning or appearance of, enclose, repurpose, redistribute, republish or publicly perform any of the UltraViolet content, including by linking to, hosting, embedding, streaming, framing and/or using any other means;
alter any trademarks, trade names, logos, service marks, promotional taglines, copyright notices or warnings or any other proprietary content or proprietary rights notices included therein or thereon;
engage in spidering, screen scraping, database scraping, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging in or registering for UltraViolet, or obtaining lists of Members or other information from or through UltraViolet, including, without limitation, any information residing on any server or database connected to UltraViolet;
use UltraViolet in any manner that could interrupt, damage, disable, degrade, overburden or impair UltraViolet or interfere with any other Member’s use and enjoyment of UltraViolet;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with any part or portion of UltraViolet, including without limitation, any security aspects or content protection of UltraViolet content;
upload, post, link to, transmit, distribute or otherwise publish to, on or through UltraViolet, any information, content, or materials that are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, or which causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property rights or otherwise is in breach of or violates any applicable law or regulation, including, without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
use UltraViolet to violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
impersonate or misrepresent yourself or your connection to any other entity or person;
upload, post, link to, transmit, distribute or otherwise publish any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
post or otherwise distribute untruthful or incorrect information that may mislead others with respect to certain functions or features of the service;
post links to websites or materials that could harm others' computers or would allow others to inappropriately access software or websites or would violate the UltraViolet Terms of Use;
use UltraViolet to harvest information about Members for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail or other communications;
resell or redistribute the service, or to assign or transfer your Member account, or any part of UltraViolet, to anyone else either permanently or temporarily;
use UltraViolet for any commercial purpose;
publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or
use UltraViolet, in whole or in part, in violation of any applicable law or regulation.
IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF ULTRAVIOLET, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.
Intellectual Property Matters
As between you and DECE, other than the rights you have obtained with respect to UltraViolet content, DECE owns, solely and exclusively, all rights, title and interest in and to UltraViolet and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof , including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the “UltraViolet Service Material”). Your use of UltraViolet does not grant to you ownership or title of, in or to any UltraViolet Service Material, UltraViolet content or any other part of UltraViolet. UltraViolet, the UltraViolet Service Material and the UltraViolet content are for your personal and non-commercial use only. You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through UltraViolet or the UltraViolet Service Material, without the express written consent of DECE. In particular, you are not permitted to republish any part of UltraViolet on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without DECE’s prior written permission. The creation and use of an UltraViolet Account, Member or display name in connection with UltraViolet does not grant you any intellectual property or other rights therein. DECE reserves all rights in all UltraViolet Account, Member and display names and may require UltraViolet Account, Member or display names to be changed.
Your rights with respect to any specific UltraViolet content are established by the retailer from which you obtained such rights and are subject to the limitations imposed by copyright holders and other third parties. When you obtain rights to UltraViolet content, that UltraViolet content remains subject to the intellectual property rights of the copyright owner and other third parties. The UltraViolet content is being licensed and not sold to you. You may only use the UltraViolet content for your personal and non-commercial use and as expressly authorized by the copyright owner and other third parties, including the applicable retailer.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with UltraViolet are proprietary to DECE and other third parties. Nothing contained in or provided through UltraViolet should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without DECE’s written permission or that of the third-party rights holder.
Communications
From time to time we may need to get in touch with you regarding UltraViolet and your use thereof. You consent to receive communications from DECE electronically. You agree that all disclosures, notices, agreements, and other communications you receive from DECE electronically satisfy any legal requirement for such communications to be in writing. DECE does not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, garbled, lost, or not received.
Submissions
You may have an opportunity to submit comments to DECE or post information and materials on the UltraViolet Website. Any information, ideas or materials you elect to send or post, directly or indirectly by email, or in any other way (“Submissions”) will be deemed not to be confidential or secret, to have been deliberately and voluntarily made public by you and may be used by DECE and its designees at DECE’s sole discretion in any manner. Furthermore:
you grant DECE a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sublicensable right and license to use, reproduce, modify, translate, edit, distribute, create derivative works from, publish, perform, display, translate, syndicate, sub-license and transmit the whole or any part of your Submissions (including without limitation any of the information, details, ideas, concepts and/or formats and all intellectual property rights contained within it) in any manner and in any format, media and/or technology now know or later developed (including, without limitation, archiving and making such material available on UltraViolet);
you represent and warrant that the Submissions are original to you, that no other party has any rights thereto and to the extent permissible by law, you waive all moral rights subsisting in your Submissions anywhere in the world;
you agree that publication of your Submissions by us will be at our sole discretion and we reserve the right (but not the obligation) to edit or otherwise amend such materials prior to publication, and you accept that we are under no obligation to publish your Submissions if we in our sole discretion decide not to;
you agree that we may (at our sole discretion) disclose your identity to any third party who is claiming that any Submissions sent by you are defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), or otherwise in breach of or violate any applicable law, regulation or code of practice;
you warrant that your Submissions are not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violate any applicable law, regulation or code of practice and understand that DECE reserves the right at all times to edit, refuse to post or to remove any Submissions.
DECE DOES NOT ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMISSIONS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND DECE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMISSIONS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH ULTRAVIOLET CREATED OR PROVIDED BY MEMBERS OR OTHER THIRD PARTIES. DECE HAS NO RESPONSIBILITY TO MAINTAIN ANY SUBMISSION AND MAY DELETE OR DESTROY ANY SUBMISSION AT ANY TIME.
Right to Monitor and Editorial Control
Although initially UltraViolet does not permit individuals to post any information or materials, DECE reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials submitted to or through UltraViolet if and when such functionality is enabled; however, it is DECE’s policy not to monitor such materials.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ULTRAVIOLET, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, USER INTERFACES, AND MATERIALS THEREOF OR OTHERWISE AVAILABLE ON OR THROUGH ULTRAVIOLET, ARE PROVIDED "AS IS," "AS AVAILABLE,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (c) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (d) THAT ULTRAVIOLET OR ANY ULTRAVIOLET SERVICE MATERIAL WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (f) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH ULTRAVIOLET WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, (g) THAT ULTRAVIOLET, IN WHOLE OR IN PART, WILL MEET MEMBERS’ REQUIREMENTS, (h) THAT ANY PARTICULAR THIRD PARTY SITES, PRODUCTS AND SERVICES WILL WORK WITH ULTRAVIOLET OR (i) THAT YOUR USE OF ULTRAVIOLET WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. DECE, ITS AFFILIATES, MEMBERS, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “DECE ENTITIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE DECE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, ULTRAVIOLET DEVICE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF ULTRAVIOLET OR YOUR DOWNLOADING, STREAMING, OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO ULTRAVIOLET. YOUR ACCESS TO AND USE OF ULTRAVIOLET IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ULTRAVIOLET, YOU SHOULD DISCONTINUE USING ULTRAVIOLET.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY DECE ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, ULTRAVIOLET OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY ULTRAVIOLET CONTENT OR ANY THIRD PARTY SITES, PRODUCTS AND SERVICES EVEN IF SUCH DECE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE DECE ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST MEMBERS AND/OR WITH THIRD PARTIES FROM WHOM ULTRAVIOLET CONTENT IS ACQUIRED OR CONSUMED, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY MEMBER OR OTHER PERSON ON OR THROUGH ULTRAVIOLET. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK GIVEN THAT ULTRAVIOLET IS FREE TO MEMBERS, AND (II) DECE WOULD NOT HAVE ALLOWED YOU ACCESS TO ULTRAVIOLET OR TO BECOME A MEMBER WITHOUT THESE LIMITATIONS ON LIABILITY. NOTHING IN THE ULTRAVIOLET TERMS OF USE SHALL ACT TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY (WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW) OR OTHER TYPES OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW
Indemnification
You agree to defend, indemnify and hold DECE, its affiliates, members, contractors and licensors and each of their respective officers, directors, employees, agents and representatives harmless from and against any and all claims, liabilities, suits, losses, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of UltraViolet, (ii) your Submissions, in whole or in part, (iii) your failure to comply with any applicable laws or regulations, or (iv) your breach or violation of the UltraViolet Terms of Use. DECE reserves the right, at DECE’s own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.
Third Parties
DECE may exercise any of its rights hereunder and/or perform any of its obligations directly or through third parties. Any rights granted to DECE, including any releases from or limitations on liability, extend equally to third parties acting on DECE’s behalf.
Claims of Copyright Infringement
DECE respects the intellectual property rights of others, and requires that the individuals who use UltraViolet do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DECE’s copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the owner's behalf.
Please be advised that in accordance with the DMCA and other applicable law, DECE has adopted a policy of terminating, in appropriate circumstances, the UltraViolet Accounts of Members who are deemed to be repeat infringers of the intellectual property rights of others.
Copyright Agent:
Sheriese Rush
DECE Administration
1807 Santa Rita Road
Suite D235
Pleasanton, CA 94566
Email: admin@decellc.com
Phone: +1 (415) 814-1118 x 4
Resolving Disputes
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE (BY YOUR ACCEPTANCE OF THE ULTRAVIOLET TERMS OF USE AND/OR YOUR ACCESS OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET WEBSITE) TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim, dispute, action or proceeding relating to Ultraviolet or the UltraViolet Terms of Use (a “Claim”), will be resolved as follows:
1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a “Notice”) by first class United States mail to DECE at:
Sheriese Rush
DECE Administration
1807 Santa Rita Road
Suite D235
Pleasanton, CA 94566
Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the email address on file with us.
2. Formal Resolution: If we cannot resolve a Claim informally, including any Claim between us (and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not party to the Ultraviolet Terms of Use), whether related to the Ultraviolet Terms of Use or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the provisions set forth in this “Resolving Disputes” section of the Terms of Use and the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, except to the extent such rules and procedures may modified by this section of the Terms of Use, and the parties agree that the arbitration shall be administered by AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:
American Arbitration Association
1633 Broadway, 10th Floor New York, New York 10019
Web site: www.adr.org
(800) 778-7879
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
3. Small Claims: Instead of proceeding to arbitration, you have the option to pursue a Claim in small claims court (or the equivalent) so long as (1) the Claim remains in that court, and (2) is made solely on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
4. Cost Sharing. Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable arbitration rules. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
5. Class Actions and Severability: If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The parties to the Ultraviolet Terms of Use acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the Ultraviolet Terms of Use to arbitrate Claims. 'Claim' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. If this entire agreement to arbitrate shall be null and void, then the parties agree that any Actions shall be commenced and heard in the appropriate court in New Castle County, Delaware. You agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County in the State of Delaware.
6. Binding Effect; Governing Law: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction. The UltraViolet Terms of Use and the relationship between you and DECE shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
7. Exception. Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration.
8. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY LAW OR REGULATION TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ULTRAVIOLET OR THE ULTRAVIOLET TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Entire Agreement; Interpretation. The UltraViolet Terms of Use (including all policies and documents incorporated herein by reference) represents the entire agreement between you and DECE and supersedes any proposal, or prior or contemporaneous, agreement, oral or written, and any other communications relating to the subject matter of this agreement. The invalidity or unenforceability of any particular provision of the UltraViolet Terms of Use does not affect the other provisions hereof, and the UltraViolet Terms of Use will be construed in all respects as if such invalid or unenforceable provision has been omitted. Except as otherwise expressly set forth in the UltraViolet Terms of Use, no remedy referred to in the UltraViolet Terms of Use is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available at law, in equity or otherwise. DECE’s failure to exercise or enforce any right or provision of the UltraViolet Terms of Use shall not constitute a waiver of such right or provision. Unless otherwise stated, the singular includes the plural and vice versa, reference to a person includes a legal person (such as a limited liability company) as well as a natural person (an “individual”) and the words “include”, “including”, “in particular”, “for example” or similar shall be construed as illustrative and without limitation. Descriptive headings are for the convenience of the reader, and shall not be used to add to or limit the meaning of relevant terms and conditions.
Effective Date: September 2, 2011
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Re: Behold! The 8000 word EULA
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Re: Re: Behold! The 8000 word EULA
But posting the whole Draconian mess sure makes a point.
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Re: Re: Re: Behold! The 8000 word EULA
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Re: Behold! The 8000 word EULA
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RE Sorry Wrong glasses
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Physical DVD $25, Physical Blu-ray $30, Physical Blu-ray with digital download $35. Just the digital download $30 and in a couple of cases I saw it $39.99. I could 'rent' the digital download for $20. What a deal!
All I really want is the digital copy so I easily port it to what ever medium I want to watch it on. If the price was under $5 to own a non-DRMed digital download movie I would buy 2-5 a week.
As it is now I typical just wait to it airs on TV and then PVR it and if I want to keep it around I edit out all the commercials.
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So it's exactly like Facebook then?
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Re:
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Flixster or is it Fixster
What did catch my eye is this sentence, "Warner Bros. Entertainment Inc. is not responsible for maintaining access to any website or its content.". The only other DVD package I have handy that has that piece of legalese is, "The Dark Night" which has a digital copy via wbdigitalcopy.com (expires Jun 9, 2009). Of course "Blade Runner: The Final Cut" (two disc special edition) has no website disclaimer because it has no digital copy. Warner is just putting on the fix.
Back in the Flixster insanity the three steps appear easy but as was said, are not. Warner may have been on the right track with wbdigitalcopy; four steps and no obvious registrations, just enter code and follow download directions. No doubt this system died because it was Windows only. The Flixster Ultraviolet system is going to die due to this rule: Lawyers design bad human interaction systems, especially the user interface procedures.
I knew the Flixster was worthless and after paging thru that contract post I think nobody in their right mind should use this service. Even when Warner is being up front about the service via Flixster instruction sheet, "Note: Neither Warner Bros. Entertainment Inc. nor any affiliate is responsible for maintaining Ultraviolet service.". All the red flags I see are not going to keep me awake at night because the entire "Digital Copy" scheme is a scam.
Pray the innocent stay out of mystery databases like warz, p0rn and Flixster.
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Ultraviolet is Crap
I refuse to buy another movie with Ultraviolet as the digital copy. In fact, I recently passed up a buying a movie on Blue Ray and DVD because the digital copy was Ultraviolet.
I have received no response from Flixster using their stupid form mail for support. Having even received a robot response in my email acknowledging they received my support ticket.
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Re: Re: Okay, this is getting pathetic. When's it going to stop?
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I'll buy my cake and eat it however the ForK I feel
But I find usenet allows me to watch the media I have purchased to play on whatever device I own [when|how]ever I please.
I'll pay hollywood, but I'll enjoy the pirate cake, too. I do not pay for the privilege of watching ads. Shockingly I am a proponent of adblocking, privacy, and XMPP.
Get a fork... or get forked
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hollywood inbreeding or IQ bell curve left=left ?
http://forum.xbmc.org/showthread.php?tid=94554
(not for drm/faggots/trolls)
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Good thing about UltraViolet
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