September 2018

Disney v. Redbox, Redux

by Lee Gesmer on September 28, 2018

Disney v. Redbox, Redux

Can Disney prevent a commercial business – in this case Redbox – from reselling Disney’s movie download codes?

At first the answer was “no.”

My earlier post on this case* highlighted the California federal district court’s February 2018 opinion concluding that the language on Disney’s box-top packages failed to create a contract that would prevent Redbox from purchasing and reselling Disney movie download codes. However, I predicted that “Likely, in the future Disney will correct its ‘box-top license’ to make it legally enforceable . ..”

*To get the background facts of this case please read the initial post

Disney did just that when it released its Black Panther combo packs. Disney’s new packaging states that “Digital code redemption requires prior acceptance of licence terms and conditions. Codes only for personal use by recipient of this combination package or family member.” A warning elsewhere on the package states that “The digital code contained in this package may not be sold separately and may be redeemed only by the recipient of this combination package or a family member.… Read the full article