Legal Opinion

On Command Video Corp. v. Columbia Pictures Industries, Inc.

District Court, N.D. California

Decided March 14, 1991No. C-89-4022 SAWPublished

1Opinion of the Court

MEMORANDUM AND ORDER

WEIGEL, District Judge.

Plaintiff seeks a declaratory judgment that its videotape performance system does not violate defendants’ copyright. Defendants counterclaim for copyright infringement, alleging that plaintiff’s system infringes on their exclusive right to publicly perform their motion pictures. The system, which plaintiff installs and operates, allows a hotel to offer its guests the opportunity to view videotapes in their rooms. Using a remote control unit, the guest selects a videotape which triggers the system to play that tape and display it on the television set…

2Cases cited8 opinions

  1. Magnetic Engineering & Manufacturing Co. v. Dings Mfg. Co.Court of Appeals for the Second Circuit · 1950
  2. Virtue v. Creamery Package Manufacturing Co.Supreme Court of the United States · 1913
  3. Airtex Corporation, and Cross-Appellee v. Shelley Radiant Ceiling Company, and Cross-AppellantCourt of Appeals for the Seventh Circuit · 1976
  4. Chromium Industries, Inc. v. Mirror Polishing & Plating Co., Inc.District Court, N.D. Illinois · 1978
  5. Celite Corporation v. Dicalite Co.Court of Appeals for the Ninth Circuit · 1938

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