What was left out of the most articles is a little something known as the FIRST SALE DOCTRINE. The law allows for you to utilize that legally purchased copy [or copies] in the manner you see fit. This applies to your ability to rent or resell the DVD [it doesn’t grant copying rights]. Here is a link to that:

http://www.lib.ncsu.edu/scc/tutorial/copyuse/copybas3.html

So, no matter how hard BB and Weinstein try, and no matter how they promote this effort, they cannot get around this. Sale copies will be availible to distributors and outlets other than BB. These copies can legally be converted to a rental unit by a video retailer. Independent retailes can order these in as sale pieces and just open them up for rental. Weinstein/Genius cannot stop this.

BB’s copies will carry a BB disclaimer. The sale copies offered elsewhere may try to carry a FOR SALE ONLY disclaimer, but that is only a smoke screen. If a store offers a paid-for copy of BOBBY or SCHOOL FOR SCOUNDRELS or UNKNOWN or THE GATHERING or other included titles, no amount of verbiage can negate the stores right to turn around and rent that to their customers, under the First Sale Doctrine.

In the end, video retailers have the right and ability to purchase copies of these films through offered distribution and outlets, and put them in their rental inventory, or resell them to you, if that is their desire. It is this right that independent video store retailers have availible to them to allow them to continue to be the best choice in home entertainment for you.

Adrian Hickman
TLA Video, Philadelphia
IDEA [Independent Dealers of Entertainment Association]