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Invelos Forums->DVD Profiler: Contribution Discussion |
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Is this free-with-purchase DVD allowed to be contributed? |
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Registered: January 5, 2008 | Posts: 44 |
| Posted: | | | | I am having a discussion with Skip regarding my contribution trying to update info on the profile for Star Trek of Gods and Men (Disc ID 84A8107A4D539C4B [STOGAM]). This is a unique situation of a professionally replicated DVD of a Star Trek web movie which is only available as a gift-with-purchase from the www.Startrekofgodsandmen.com store. Due to legal restrictions due to copyright ownership of the Star Trek franchise, the producers are not allowed to sell this DVD and thus they are getting around this restriction by giving it away if you buy something in their store. My position has been that this is no different from any other "gift with purchase" DVD such as what Circuit City and Best Buy used to frequently do with their single episode DVDs and music video sampler DVDs that were given out promotionally with a DVD purchase. Skip's position is that this is different as the gift is not being given away with a DVD purchase but rather the purchase of a non-media item, and thus this title should be removed from the database completely. I see nothing in the contribution rules that directly addresses this issue. I supposed the question comes down to whether this DVD falls under the restriction that contributed DVDs must be "legal". One issue to Skip is that the cover art says in small text on the bottom "DVD Screener, Not For Sale or Rental" but to me this is vastly different from what is normally considered a screener which is a studio promo for reviewers & store buyers for a commercially available forthcoming DVD. This DVD "screener" on the other hand is the only version of this disc and is intended for the general public. It also has been given to me legally by the producing studio in a manner that they can legally do so and its distribution is not restricted to any particular class of buyers but rather anyone willing to make a purchase in their store. Thus, I put it to you guys, should this be in the database? | | | Last edited: by raytrade |
| Registered: January 11, 2008 | Posts: 168 |
| Posted: | | | | Does this DVD have a UPC code? It would seem that if they put a UPC on the case, that it is a legit DVD. I could be wrong. |
| Registered: August 23, 2008 | Reputation: | Posts: 1,656 |
| Posted: | | | | Quoting Romzarah: Quote: Does this DVD have a UPC code? It would seem that if they put a UPC on the case, that it is a legit DVD. I could be wrong. I don't think that makes a difference, as I have DVDs of low-budget movies that don't have UPCs, but are in the database (these are legitimate releases sold at conventions, but don't have studio backing). Quoting raytrade: Quote: Skip's position is that this is different as the gift is not being given away with a DVD purchase but rather the purchase of a non-media item, and thus this title should be removed from the database completely. If that's the case, that doesn't make any sense to me. I was at a convention this weekend and a filmmaker had a table setup where you would get a free copy of his movie if you bought anything at his table. Does this mean if I had bought a poster, I could not submit the DVD? I think not. From the info you provided, I don't see why it can't be submitted. It's a legitimate, legal release and should be in the database. | | | Reviewer, HorrorTalk.com
"I also refuse to document CLT results and I pay my bills to avoid going to court." - Sam, keeping it real, yo. |
| Registered: March 13, 2007 | Reputation: | Posts: 13,202 |
| Posted: | | | | This is what the rule say:
The main database should contain information about legal, professionally produced discs. Do not contribute "bootleg", other illegal DVDs, or privately created DVDs even though the content may be film or TV.
The part I bolded is the part I am not sure of. Is this a professionally produced disc or a privately created DVD? That is the question that has to be answered. | | | No dictator, no invader can hold an imprisoned population by force of arms forever. There is no greater power in the universe than the need for freedom. Against this power, governments and tyrants and armies cannot stand. The Centauri learned this lesson once. We will teach it to them again. Though it take a thousand years, we will be free. - Citizen G'Kar | | | Last edited: by TheMadMartian |
| Registered: September 30, 2008 | Reputation: | Posts: 1,805 |
| Posted: | | | | I agree with Alien Redrum. That doesn't make any sense to me either. Why does it matter what the DVD was given away with?? Does the fact it was given away with a coffee mug somehow make it less of a dvd than if it was given away with the purchase of another DVD? If the DVD is legally produced and distributed by the studio, there's no reason, screener or not, why it shouldn't be allowed in the system. | | | The night is calling. And it whispers to me soflty come and play. |
| Registered: March 13, 2007 | Reputation: | Posts: 13,202 |
| Posted: | | | | I missed the first part of the rule, which is what I think Skip is refering to: "DVD Video, HD-DVD Video, and Blu-ray Video" discs (including MiniDVD): These discs contain movies, television shows, music performances and other professionally-produced and sold DVDs.That does say "professionally-produced and sold', so I am not sure anymore. | | | No dictator, no invader can hold an imprisoned population by force of arms forever. There is no greater power in the universe than the need for freedom. Against this power, governments and tyrants and armies cannot stand. The Centauri learned this lesson once. We will teach it to them again. Though it take a thousand years, we will be free. - Citizen G'Kar |
| Registered: January 5, 2008 | Posts: 44 |
| Posted: | | | | I would say it was a professionally produced indie movie. You can view the stream of the film yourself at www.startrekofgodsandmen.com. This is not even just a "fanboy" release as it stars many of the stars of the main Star Trek series, is directed by the actor who played Tuvok in Voyager and for all purposes is a legit indie Star Trek movie. It even had a theatrical premiere. The question is the "sold" part but if that makes a difference, then any freebie disc or even bonus discs that are packaged apart from the main release would not be contributable. If the argument is that those discs are "sold" with something, then the same applies to this DVD too. Oh BTW, the producers indicate on their site they did give away a bunch of these at conventions, so Alien Redrum's point that he can contribute titles he got of indie movies at conventions would apply here as well. | | | Last edited: by raytrade |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | As The martian noted Ray, the Rules are specific
"DVD Video, HD-DVD Video, and Blu-ray Video" discs (including MiniDVD): These discs contain movies, television shows, music performances and other professionally-produced and sold DVDs.
The DVD is not sold, NO ONER can purchase it, so mcuh as it pains me. We can't list it, and the reason that it is not sold is because of Coopyright on Star Trek held by Paramouunt. Such things are allowed to be produced and even tolerated by Paramount as long as money is not being made.If they sold them then Paramountwould enter the picture very quickly and rightfully expect a piece of the pie.
The question that I have for ray, since you enjoy these, why would want them in a platform (DVDProfiler) where they become in effect salt in an open wound to Paramount, therebuy per haps endangering future productions.
Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 19, 2007 | Reputation: | Posts: 6,018 |
| Posted: | | | | If we are going to interpret the rules this strict, then all the rental editions in the database should be removed, because those are "not for sale" either. The same goes for any DVD that e.g. comes as a bonus with a magazine (there are plenty of those) or as a bonus with an audio CD (even though the rules specifically provide for the latter). Now is that what we really want? |
| Registered: January 5, 2008 | Posts: 44 |
| Posted: | | | | Quoting dee1959jay: Quote: If we are going to interpret the rules this strict, then all the rental editions in the database should be removed, because those are "not for sale" either. The same goes for any DVD that e.g. comes as a bonus with a magazine (there are plenty of those) or as a bonus with an audio CD (even though the rules specifically provide for the latter).
Now is that what we really want? That is exactly my point. We can't pick & choose the titles we want to apply the rules to. By Skip's definition, it would seem that ALL freebie discs that are not ever sold must be removed from the database, including all bonus discs, preview discs, sampler discs, and the like. I am simply asking for rules to be applied uniformly. I don't have a problem is that is the agreed-upon rule, but then we should set out to purge the database of all those free pilot episode, season opener episode, etc. discs that are in it. |
| Registered: March 19, 2007 | Reputation: | Posts: 6,018 |
| Posted: | | | | To be honest, I can't see which DVDP users - other than the odd Rule Fundamentalist - we would be doing a favour by removing them. | | | Last edited: by dee1959jay |
| Registered: March 14, 2007 | Reputation: | Posts: 4,245 |
| Posted: | | | | Quoting dee1959jay: Quote: If we are going to interpret the rules this strict, then all the rental editions in the database should be removed, because those are "not for sale" either. The same goes for any DVD that e.g. comes as a bonus with a magazine (there are plenty of those) or as a bonus with an audio CD (even though the rules specifically provide for the latter).
Now is that what we really want? I remember the Total Movie magazine dvds. I have a few of those including the one that includes that Stormtrooper short film. But as you stated, if we go strictly by the rules then these shouldn't even be in the database at all as they were free with the magazine. But then some could argue that they did purchase something and just because the dvd was free that it shouldn't matter one way or the other. I wonder if there are examples of Free dvds given away without a purchase requirement at all. And if there is, should those be allowed. |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Quoting dee1959jay: Quote: If we are going to interpret the rules this strict, then all the rental editions in the database should be removed, because those are "not for sale" either. The same goes for any DVD that e.g. comes as a bonus with a magazine (there are plenty of those) or as a bonus with an audio CD (even though the rules specifically provide for the latter).
Now is that what we really want? Well deejay< i would say that rental editions are NOT opart of the database UNLESS they werte purchased as prte-viewed, but just because you rented them...Hell no. Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Quoting raytrade: Quote: Quoting dee1959jay:
Quote: If we are going to interpret the rules this strict, then all the rental editions in the database should be removed, because those are "not for sale" either. The same goes for any DVD that e.g. comes as a bonus with a magazine (there are plenty of those) or as a bonus with an audio CD (even though the rules specifically provide for the latter).
Now is that what we really want?
That is exactly my point. We can't pick & choose the titles we want to apply the rules to. By Skip's definition, it would seem that ALL freebie discs that are not ever sold must be removed from the database, including all bonus discs, preview discs, sampler discs, and the like. I am simply asking for rules to be applied uniformly. I don't have a problem is that is the agreed-upon rule, but then we should set out to purge the database of all those free pilot episode, season opener episode, etc. discs that are in it. The other point that you have failed to see ray, is that by all legal definitons these are not legal films, they are not allowed to be sold, the case specifically spells out they are SCREENERS, there is nio UPC, I could go on and on. But more impoprtant;y ray, I could see a very real legal made by Paramount that could shut down production of these privately made films, using Profiler as evidence, this could result in these "Studios" being forced to shut down...is that what you want Ray. This screener in this regard is far different from the promos which are released by the Distributing Studio, but i can also some merit in your argument for removal, I really don't care. But the screener is definitely out. Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 13, 2007 | Reputation: | Posts: 906 |
| Posted: | | | | Quoting Woola: Quote: I could see a very real legal made by Paramount that could shut down production of these privately made films, using Profiler as evidence, this could result in these "Studios" being forced to shut down. Skip And you don't think the website ww.Startrekofgodsandmen.com is evidence enough for Paramount if they wanted to do something about it? This DVD is professionally made. When you buy something from that site, you get the DVD, but you still pay to get the DVD, thus it is sold. I don't see any good reason to keep the DVD out of the database. Appararently it is already in the database, so why not have correct info in the profile if we can? | | | The colour of her eyes, were the colour of insanity | | | Last edited: by reybr |
| | T!M | Profiling since Dec. 2000 |
Registered: March 13, 2007 | Reputation: | Posts: 8,736 |
| Posted: | | | | Quoting reybr: Quote: I don't see any good reason to keep the DVD out of the database. Neither do I. |
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Invelos Forums->DVD Profiler: Contribution Discussion |
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