[Videolib] DVD "CC" Labeling Class Settlement Notice

Brigid Duffy (bduffy@sfsu.edu)
Tue, 20 Jun 2006 13:40:23 -0700

Don't think this directly affects any Videolib members, but it may be
of interest --

Brigid Duffy
San Francisco State University

Begin forwarded message:
> TDI-L eNote 6/20/06
> DVD “CC” Labeling Class Settlement Notice
>
> * * * * * * * * * * * * * * * * * * * * * * * * *
> Editor's Note: Below is a legal notice about a class action settlement
> regarding DVDs that were labeled as “captioned” but only the movie was
> captioned, not the extra bonus features common on many home video DVDs.
> * * * * * * * * * * * * * * * * * * * * * * * * *
>
> DVD “CC” LABELING CLASS SETTLEMENT
>
> **ATTENTION:** IF YOU ARE DEAF OR HAVE HEARING LOSS AND HAVE PURCHASED,
> RENTED, OR OTHERWISE OBTAINED A DVD OR OTHER HOME VIDEO PRODUCT, OR IF
> YOU HAVE OBTAINED SUCH A PRODUCT FOR USE WITH CAPTIONING OR CLOSED
> CAPTIONING, PLEASE READ THIS NOTICE CAREFULLY—YOUR RIGHTS MAY BE
> AFFECTED BY THIS PROPOSED CLASS ACTION SETTLEMENT. THIS NOTICE IS
> PROVIDED BY COURT ORDER.
>
> CLASS ACTION SETTLEMENT.
> The Los Angeles County Superior Court has preliminarily approved
> settlement of Boltz v. Buena Vista Home Entertainment, Inc., et al.
> (Case No. BC 323842), a pending class action lawsuit which alleged that
> certain motion picture producers and distributors misled consumers by
> inaccurately describing the nature of the closed captioning and/or
> subtitling provided on their DVDs. Specifically, the lawsuit alleges
> that Buena Vista Home Entertainment, Inc., The Walt Disney Company,
> Warner Bros. Entertainment Inc., Warner Home Video Inc., Universal
> Studios Home Entertainment LLC, Metro-Goldwyn-Mayer Studios Inc.,
> Metro-Goldwyn-Mayer Home Entertainment LLC, Sony Pictures Entertainment
> Inc., Sony Pictures Home Entertainment Inc., and Tri-Star Pictures,
> Inc.
> (the “Settling Companies”) misled consumers by displaying a captioning
> symbol or stating “captioning,” “captioned,” “subtitled” or
> “subtitling”
> on certain DVD packaging when the main feature presentation was
> captioned, closed captioned, or subtitled but some or all of the DVD
> “bonus material” was not. The Settling Companies have denied liability,
> but have agreed to settle this action to avoid litigation by, in the
> future, providing captioning or closed captioning of bonus material on
> major categories of DVDs they distribute over the next five (5) years,
> paying $275,000 to certain non-profit organizations dedicated to
> advocacy for deaf and hard-of-hearing persons, and paying attorneys’
> fees and costs (including any incentive award to named plaintiff) up to
> $1,300,000 in exchange for the release of claims, as more fully
> specified in the settlement agreements.
>
> YOU MAY BE A MEMBER OF THE SETTLEMENT CLASS.
> The proposed settlement affects and includes the following U.S.
> residents: (1) all persons with any hearing loss who, before April 27,
> 2006 (the “Class Period”), have purchased, rented or otherwise obtained
> a VHS, Laser Disk, DVD, or other home video product produced and/or
> distributed by any of the Settling Companies (“Home Video Product”), or
> on whose behalf such a Home Video Product was so obtained; and (2) all
> other persons who, within the Class Period, purchased, rented or
> otherwise obtained such a Home Video Product or on whose behalf such a
> Home Video Product was so obtained for use with or with the expectation
> that it contained captioning or closed captioning. To receive a more
> detailed summary of the terms and conditions of the settlement, visit
> www.dvdcclabelingclasssettlement.com.
>
> YOU HAVE A RIGHT TO EXCLUDE YOURSELF FROM THE SETTLEMENT.
> Class members who have not expressly excluded themselves from the class
> will be bound by the settlement’s terms. To be excluded, you must
> submit
> a written request for exclusion that includes your name, address,
> telephone number and your desire to be excluded from the settlement
> class to The Garden City Group, Inc. at P.O. Box 91041, Seattle, WA
> 98111-9141, referencing “DVD ‘CC’ Labeling Class Settlement.” Your
> Exclusion Request must be POSTMARKED no later than midnight of July 14,
> 2006, or it will not be accepted. IF YOU DO NOT REQUEST TO BE EXCLUDED
> YOU WILL AUTOMATICALLY BECOME A MEMBER OF THE SETTLEMENT CLASS.
>
> YOU HAVE A RIGHT TO OBJECT TO THE PROPOSED SETTLEMENT.
> If you do not exclude yourself from the settlement, you may object to
> the terms of the settlement by submitting a written objection to the
> Court, class counsel and the Settling Companies’ counsel. Your
> objection
> must be POSTMARKED no later than midnight of July 14, 2006, or it will
> not be considered by the Court. TO DOWNLOAD AN EXCLUSION REQUEST FORM
> OR
> TO LEARN MORE ABOUT HOW AND WHEN TO LODGE AN OBJECTION TO THE
> SETTLEMENT, VISIT www.dvdcclabelingclasssettlement.com.
>
> A hearing to determine whether the Court should grant final approval of
> the settlement and the amount of any award of attorneys' fees and costs
> (including any incentive award to named plaintiff) will be held before
> Judge Anthony J. Mohr, in Department 309, Central Civil West
> Courthouse,
> 600 S. Commonwealth Avenue, Los Angeles, California 90005, at 10:00
> a.m.
> on August 28, 2006.
>
> PLEASE DO NOT CALL THE COURT OR THE CLERK’S OFFICE.
>
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
> About TDI:
> Telecommunications for the Deaf and Hard of Hearing, Inc. is a
> nonprofit
> advocacy organization that promotes equal access to telecommunications,
> media and information technology for individuals who are deaf and hard
> of hearing. Since 1968, TDI has successfully advocated for a variety of
> federal legislation to improve the lives of people with hearing loss,
> including the Hearing Aid Compatibility Act of 1988, the Americans with
> Disabilities Act and the Television Decoder Circuitry Act, both of
> 1990,
> and the Telecommunications Act of 1996. In addition, TDI advocates for
> administrative rules and policies that will provide greater access to
> wireless technology, as well as complete and high-quality captioning of
> television programs. Since its inception, TDI has promoted equal access
> to 9-1-1 centers and other public safety answering points, and is now
> working to ensure full access for deaf and hard of hearing people to
> information during natural or manmade disasters and other types of
> emergencies. TDI annually publishes a national directory and resource
> guide, commonly known as The Blue Book, which is a popular resource
> book
> for people with hearing loss, as well as The GA-SK Quarterly News
> Magazine. For more information about TDI, visit www.tdi-online.org.
>
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
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> Thank you,
>
> --
>
> Sincerely,
>
> Jim House
> Public Relations & Resource Development Officer
> Telecommunications for the Deaf & Hard of Hearing, Inc.
> 8630 Fenton Street, Suite 604
> Silver Spring, MD 20910-3803
> TTY: 301-589-3006
> VP: IM me first at AOL=jimhousetdi
> FAX: 301-589-3797
> Voice: 301-589-3786
> Relay: 7-1-1
> jimhouse@tdi-online.org
> TDI = www.tdi-online.org
> CEPIN = www.cepintdi.org
> Promoting Equal Access to Telecommunications, Media
> & Information Technology for People who are Deaf,
> Late-Deafened, Hard-of-Hearing or Deaf-Blind

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.