DVD Infringement Claims Barred by First-Sale Doctrine, Says Walmart.com

Walmart.com “denies each and every allegation” from independent film company Redoak Communications that it’s unlawfully selling unlicensed DVD and Blu-ray copies online of the 1981 horror film Just Before Dawn (see 2301060023), said the retailer’s answer with a jury demand Monday (docket 9:23-cv-80008) in U.S. District Court for South Florida in West Palm Beach. Redoak also is suing Amazon, Best Buy and Target with the same allegations, and Amazon answered March 1 with a countersuit asserting Redoak’s claims are preempted by the first-sale doctrine (see 2303100001). Walmart.com likewise argued Redoak’s claims are barred in whole or in part by the first-sale doctrine because once Redoak’s licensees sold products in commerce, it had “no right to control subsequent disposition or sales of those products.” Redoak’s claims also are barred by its failure to provide “valid notices” under the Digital Millennium Copyright Act, said Walmart.com. It urged dismissal of the complaint with prejudice and the denial of all relief sought by Redoak, plus recovery of court costs.