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ClearPlay

New from ClearPlay

07/14/2006

Why Not ClearPlay?

As you might have read, last week Judge Matsch of the Colorado District Court issued a scathing, one-sided ruling against companies that sell or rent edited DVD’s, including Clean Flicks and Clean Films. The order was so onerous that it gave the companies only five days to pack up all edited DVD’s and ship them to the Hollywood studios which opposed the companies in the litigation.

You may remember that ClearPlay was originally involved in this case when it began in 2002. In the early stages, ClearPlay petitioned the court to draw a meaningful distinction between our technology and the edited movie companies. As a result, ClearPlay spent three years fighting Hollywood, while the edited movie side of the case was essentially put on hold.

Our legal position was distinctly different than Clean Flicks’. We argued that ClearPlay does not make a “derivative work;” that our technology merely enables families in their homes to customize the playback of movies. ClearPlay is not unlike a very intelligent remote control, skipping and muting over unwanted segments. In contrast, Clean Flicks focused on their “fair use” right to make copies of movies, even though they may be derivative works.

Before the judge could rule on the ClearPlay side of the case, Congress stepped in and passed The Family Movie Act of 2005, which clarified the right of families to control the media in their homes. This was a fundamental right and an important issue for many members of Congress. As a result of that bill, Judge Matsch dismissed all Hollywood claims against ClearPlay in August 2005, then turned his attention to the case against the edited movie companies, culminating in last week’s ruling.

As of the writing of this newsletter, it’s not clear whether Clean Flicks and Clean Films will appeal the ruling or not, or whether the judge will grant them a stay of injunction even if they do. In any event, we applaud their valiant efforts to sacrifice and fight for a product and service that they believe in and that is good for families. We know how difficult it is to wage these wars. The founders, employees, investors and customers of these companies should be proud of what they have done.

If in fact the injunction holds, it would leave ClearPlay as the only company offering this type of product to families. We have paid a great price to be here, but work every day to bring you the best movie experiences possible. We anticipate continued advances and improvements in our products and technologies. To Clean Flicks and Clean Films customers who may convert, we welcome you. To our current customers, thank you for your participation. We look forward to a long relationship.

Sincerely,
Bill Aho
CEO, ClearPlay Inc.

Your Favorite Comedies

Aland writes,

I simply can't believe the "PRINCESS BRIDE" didn't make anyone's list. It's still my favorite movie -let alone comedy- of all time.

Pat writes,

Bill Murray tops my list, with The Man Who Knew Too Little and Ground Hog Day. Galaxy Quest and ClearPlay filtered Kung Fu Hustle are a couple of my favorites as well.

Gary writes,

Is there a better comedy than the Three Amigos? C'mon, what's your personal El Guapo? (Shyness?) Clean laughs and Steve Martin to boot!! Chevy Chase ain't bad either... Tequila? Is it fattening? I could go on and on...our family has it memorized. Let's ride!

P.S. Lip balm?

Barbara writes,

My husband had a great sense of humor. Some of our favorites you didn't mention:

What About Bob
Michael
Cat Balou
The In Laws (Alan Arkin & Peter Falk)
All the Pink Panther Movies
Captain Ron
High Spirits

I love your talented people who make watching movies entertaining, not disgusting. Keep up the good work! I own 4 Clearplay DVD Players (I gave one to my Mom), and I plan on buying one more. I tell all my friends, neighbors, relatives, and anyone else that I get the opportunity to tell about your DVD Player. I think it is TERRIFIC!!!

Scott writes,

I like the absolutely brainless comedy. I love Tommy Boy as number one. In recent times The Man was really quite funny too.

Please let us know what you think about ClearPlay—how you like it, what you would like to see, movies you recommend with ClearPlay, etc.

Write us at mycomments@clearplay.com

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Coming Soon

Tsotsi

The Benchwarmers

She's the Man

V for Vendetta

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ClearPlay Inc. 2385 South 300 West, Salt Lake City, UT 84115 (866) 788-6992

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