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Film Studios Sue Samsung Over DVD players
Lam1969 writes "The Korea Times reports that five U.S. film studios have taken Samsung to court for selling DVD players which allow users to bypass DRM features. The film companies, including Walt Disney and Time Warner, are demanding Samsung recall the players. According to a Samsung spokesman quoted in the article, the movie studios probably 'take issue' with Samsung's HD841 model, which Samsung sold in the United States for five months in 2004."
From the article: ''The Motion Picture Association of America estimates that the movie industry lost $5.4 billion last year due to piracy.'' Hrm, yeah, and I bet that's all people buying dvd's from other countries and bepassing the DRM with samsung equipment. Oh, wait, wasn't that the Linux pirates last week?
What I have done for all the DVDs in my OWN collection is bypass the DRM using DVD decrypter (w00t!) because I am sick of these goddamn preveiews, menus, copyright notices, birth control notices, and other shit. DVD Shrink is a nice utility that allows you to reformat a DVD so that you can put the disc in the drive and JUST WATCH THE MOVIE. Some of these more recent DVDs that have come out require ten minutes of mandatory (e.g. you can't fast forward) viewing of SHITE before you can see WHAT YOU PAID TO WATCH. For rental DVD's, don't even bother... it's worse than the old VHS tapes, even though the retailers are PAYING LESS now to maintain their inventory!!
I heard you can connect a vcr to the output and then record everything you play, I can imagine the studios are upset.
200GB/2TB $7.95 Coupon: SAVE90DOLLAR
sue them
In other news, prices for Samsung's HD841 DVD player skyrocket on EBay.
Samsung is the bad guy here. Well, insofar as Rambus was the bad guy in JEDEC. Everyone who was involved in the creation of the DVD standard agreed to a certain set of rules that they would abide by, but Samsung (like Rambus) flagrantly violated those rules and put other members of the association at risk.
Now, DRM and especially things like region locks are really terrible for the consumer, but that's not the issue here. If there were a non-DRM standard for DVD, Samsung could manufacture players for that standard all they like. The fact is that they agreed to a set of rules which included not making non-DRM players, and they decided to go ahead and make a player that is for all intents and purposes non-DRM.
They will be hit with a penalty, no doubt.
MPAA: "I find your lack of DRM Disturbing..."
Engadget has a slightly more information.
And ultimately, Google News will provide all the stories you could want
To summarize the facts:
1. Samsung stopped producing this drive a year and a half ago
2. The 'features' were unlockable through remote control key combos
3. "The DVD-HD841 DVD-player can allow region encoding and high-bandwidth digital-content protection (HDCP) bypassing, provided a code is entered by remote control. Although pulled off shelves, its genes appear to have been transmitted to the DVD-HD747 and DVD-HD941." reference here
HDCP Bypassing!!
Weren't we just complaining about HDCP a day or two ago?
Run, don't walk, to eBay and get one of these players before Samsung pulls 'em.
[Fuck Beta]
o0t!
...that the sellers are mostly front-men for Samsung. (-:
It's a pity that they couldn't actually do that, because it'd probably come close to paying their legal costs for warding off greedy corporate control-freaks.
Speaking of which, how are Samsung themselves in the GCCF department? I haven't heard anything bad about them on that front.
Got time? Spend some of it coding or testing
The film companies, including Walt Disney and Time Warner, are demanding Samsung recall the players.
Raise your hand if you're going to return your player if/when it's recalled. =P
If it ain't broke, it needs more features!
This is why I always recommend avoiding DVD players badged by large companies.
Large companies have more to lose if they don't toe the MPAA line (I'm seriously wondering how long it will be until players refuse to play a movie more than once a week or so).
Buy cheap players packed with features from middle east companies that may not even exist - much harder to threaten a company like that and features sell those sort of players and fierce competition keeps prices low.
...if I "reformat" one of their falafel rolls before eating it, so why should a content provider have any say in how you view their content?
To be certain, it's nice for them to be able to ensure that the original content is high-quality and in a certain order and all, but I should be the one to decide whether I want to watch ads and splash-screens, or even more pointedly whether my kids watch the entire movie or just the 98% of it that isn't offensive.
Would they care if I piped it into the 320x200 monochrome screen on my mobile 'phone to watch? Or watched it through a filter that corrected for colour blindness? Or just colour-inverted it? Or played it at 120% of realtime? Or toneshifted the soundtrack? Or karaoke style? If so, why?
Got time? Spend some of it coding or testing
$5.400.000.000?! I sure would like to see the math behind this estimation. It's probably the old non-sensical #copied movie * $$/movie. Let's say the average DVD price is around $20, that means 270.000.000 movies have been copied? Yeah right!
And it assumes:
I'm getting quite tired of these MPAA calculations.
The opposed feature in these players is most likely the ability to disable the country-code in these players (via a hidden menu) so that non-US DVDs - in fact all DVDs - can be played in the players. I for one never understood why I shouldn't be able to watch DVDs that I bought in Europe because I *cannot* get them here.
Oh well... In the end the MPAA will succeed convincing enough politicians who will pass more and more stringent laws, copyright will be extended to 500 years, and in a decade or so the movie industry will be facing bancruptcy and wondering why nobody is buying their super-duper-extra-high-definition-drm-secured-DVDs -of-dumb-holywood-crap anymore.
As I mentioned somewhere before: Instead of land-owners and peasants without rights and property we'll have information-owners and rightless masses of consumers... Information-Feudalism.
I'm really looking forward to the day when I can get sued for just owning a DVD player that allows me to bypass commercials, inane FBI warnings, and ads for studios and technologies like THX.
Being bitter is drinking poison and hoping someone else will die
Is there any evidence that the encryption actually reduces piracy, in other words, increases sales? Is there any evidence that zoning on DVDs increases sales?
To what extent does zoning reduce sales? For instance, holidaymakers and businessmen not being able to purchase DVDs in the countries they visit due to zoning? Have the film studios researched this? Anyone know of any relevant market research?
Content Protection for Recordable Media (CPRM) is THE thing used to enforce DRM in DVD players and are burnt in during production of the players. However it is AFAIK only mandatory in US, meaning u could get a player without CPRM keys that can play (and write) pirated DVDs in South American and Asian COuntries (except Japan and maybe a few other countries). Got a friend in Singapore? He could get you a good player
XD
I love humanity, it is people I hate
"The fact is that they agreed to a set of rules which included not making non-DRM players, and they decided to go ahead and make a player that is for all intents and purposes non-DRM."
Um, by definition this makes them the good guy.
STOP . AMERICA . NOW
Samsung stopped making this particular player nearly two years ago and the lawsuit looks more like a warning to other manufacturers.
Any recall would be useless - if someone has one of these players and wants to keep it they'll just say it broke and they binned it. This wouldn't be impossible since a quick skim thought online forums indicates build quality on this particular model wasn't up to much.
Instead the studios are sending a message to all DVD manufacturers to beef up their future models so this kind of thing can't be done in the first place. If they don't they too can expect a legal fight.
Personally I think they are on to a loser - studios have very little pull over hardware manufacturers and if there's strong demand for an open player they will build it.
I am starting to turn into a Samsung fanboy, and everything I've bought from them of late works with Linux. At last there is a company that appears to manufacture electronic products the way consumers want.
My brother was recently forced to copy a DVD. It was a very cheap children's DVD his son loves. The problem? There was a 2 and a half minute non-skipable copyright notice before the main feature.
You try explaining that one to a 2 year old...
Erm, how could Samsung make a recall on these players? They can't force people to give them back.
Recalls are only for products that are faulty, when the purchaser gladly and willingly returns them.
DVD players don't contain any DRM. Region coding isn't DRM. Region coding doesn't stop me from ripping as many copies of a disc as I want. DRM doesn't stop the large scale pirates making verbatim copies of that disc (though usually with the region encoding removed).
I watch DVDs on my computer. I "upgraded" my DVD-player software and it wouldn't let me skip sections that the DVD says can't skip.
I was watching Voyager DVDs and every episode starts with a non-skippable 10s clip of Voyager powering up and moving across the sreen. Even though it was only for 10s, after 3-4 episodes I was really really hating that clip.
Anyway, I feel that now a pirate DVD is more valueable than a real DVD since pirate DVDs remove all skip codes and DRM and makes for more pleasant viewing.
Why sue over a player that hasn't been comercially available for over a year? If they're going to sue over an unlockable player, why not sue Philips over the DVP642 which is still on the market and is region and macrovision unlockable through hidden menus. Or sue a company like Apex which has consistantly released an unlockable model, quickly followed by a "corrected" player, over and over again?
Next thing you know and they'll disable the fast-forward and skip buttons when you put in a DVD.
Oh, wait, they already do. Thank you, Digital Restrictions Management (DRM). <sarcasm>
Seriously, I don't give a fuck about what they want to impose on me. I'll use a restriction-free DVD player just so I can watch the damn movie when I insert it instead of having to wait a minute for all the mandatory crap to play.
So they basically put this number out of their *ss, and whip it out every time things get rough for them :) This is so amazing!
Samsung: That's it, we're releasing the DVD-s as is.
MPAA: No! You can't!
Samsung: WTF?
MPAA: "The Motion Picture Association of America estimates that the movie industry lost $5.4 billion last year due to piracy."
Samsung: What are those estimates based on, not on Samusng DVD players right?
MPAA: Can't you read man, come on, SHOCK! See: "The Motion Picture Association of America estimates that the movie industry lost $5.4 billion last year due to piracy."
People: MPAA you're suing your users and manifacturers and keep pulling those numbers out of your *ss and applying silly DRM restriction so people don't buy your production, what did you expect?
MPAA: And you'll all be sued!!! You know why!? "The Motion Picture Association of America estimates that the movie industry lost friggin $5.4 billion last year due to friggin piracy."!!! Estimate=Fact! Estimate=fact!! Don't question us or you be sued!!! Arghh..
Of course we all know a recall would get nearly 100% of these offending boxes. I know I certainly would return my box, particularly if I really had DVDs with different region codes and the box could play them all, or if I knew I could use the box to othherwise get around DRM. Heck, who wouldn't want to rush to send back their recalled player for one that was hobbled? Of course, the more cynical might say that the only boxes they would get back on a recall would be those that have already died or those used by people who would never use the device to get around DRM anyway, and that a recall would only serve to alert consumers that this model has a feature they might want and find hard to get. It will be interesting to see how this works out.
I'm an American. I love this country and the freedoms that we used to have.
Here ya go,a msung+HD841&hits=50&Search=Search
http://www.videohelp.com/dvdhacks.php?dvdplayer=S
Seriously why is the fact that a dvd player can be unlocked such a suprise to some people? Walmart in England has been selling one for a number of months that plays off the shelf not only all regions, copies, divx and xvid but also plays them off of data cards as well. All this for £35.
To err is human. To forgive is not company policy.
http://www.videohelp.com/dvdhacks.php?dvdplayer=Sa msung+HD841&hits=50&Search=Search
To err is human. To forgive is not company policy.
Region
1. Turn on player with no disc in the tray. "No disk" appears on screen.
2. Press the "Repeat" key on the remote.
3. Press "57538" on the remote. A number should appear on screen, indicating your player's current region (e.g. "2").
4. Press the number for your required region (e.g. "1") or "9" for region-free/all-regions. The number will appear on screen, replacing the previous number (from step 3).
5. Press "Open/Close Tray" and leave the tray open for a few seconds.
6. Press "Power On/Off". The tray closes automatically and the player turns off. Next time you turn it on, it is region free (or whatever Region you selected in step 4).
HDCP
1. Turn your television ON
2. Turn the DVD Player ON
(You should see the Samsung screen saver appear on the TV)
3. Ensure the DVD tray is EMPTY and CLOSED
4. Wait for the message 'NO DISC' to appear
5. Press the ANGLE button
6. Press the numbers 4, 3, 2, 7
(You should see the message 'HDCP Free' appear in the upper
left hand corner of your television screen)
7. Press the OPEN/CLOSE button to open the disc tray Your DVD player is now region-free and HDCP-free.
To err is human. To forgive is not company policy.
If waiting 2,5 minutes for a film to start seems unbearable to him, should he even be watching TV?
2.5 minutes. That's 150 seconds. Try something: Sit there and count off 150 seconds. That's rather a long freakin' time to be waiting for a video to start, no? It takes less time to make a bag of microwave popcorn.
Really, waiting 2.5 minutes isn't the problem, it's waiting 2.5 minutes when you know that it's totally pointless that's really annoying.
- Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
I'm so sick and tired of reading about how the poor and defenseless multinational conglomorates aren't making as much money as they had decided that they should have been making!
These companies don't have a guarantee that they should earn such and such amount per year. How many companies and start-ups go bust every year because there business plans are obsolete? If they can't make money, tough!
A bad analogy is like a leaky screwdriver.
nah, MPAA would sue them too - trading non DRM-copliant devices now equals trading firearms and drugs..
Use "Mac the Ripper" (yes it really is called that) and Popcorn (by Roxio).
So, all those previews, notices and warnings can be fast forwarded through but, yes are still incredibly annoying.
No, not all of them. A DVD author can disable your fast forward button for certain sections of video, just like he can disable your next/previous and menu buttons. That questionable part of the DVD spec is called "prohibited user operations".
Visual IRC: Fast. Powerful. Free.
You know, I had (honestly) forgotten all about "region free" DVD players, etc. But all the MPAA's fuss, and this associated Slashdot article about it, has reminded me that I do want a more capable DVD player. A while back, I had wanted a player that did DivX, so I could fit two or three of my movies onto a DVD for the little ones to destroy (instead of damaging the original $$ DVDs). At that time, the DivX playback on the units pretty much sucked, so I let it go and forgot about it.
Anyway, this article reminded me that there are really good DVD players out there that support region-free, HDCP-free, high-resolution playback at a reasonable price.... and they play back DivX as well. I think I will order one right now, in fact.
How's that for blowing up in your face, MPAA? I'm sure I'm not the only one that is now thinking, "yes, actually, thats exactly what I want. Thanks for the reminder."
I was told that I could listen to the radio at a reasonable volume from nine to eleven...
Samsang DVD player doesn't have DRM.
Tochiba flat screen TV let me watch whatever I want.
Suny MP3 player let me listen to whatever MP3 files.
I have no clue what Samsung, Toshiba, Sony make. Are they big companies like Samsang, Tochiba and Suny?
"Don't let fools fool you. They are the clever ones."
The MPAA seems to think there's a dichotomy of pirating films or purchasing them, and by extension that if we make pirating impossible, then every pirate will go out and purchase everything that they would otherwise have pirated. And that, my friends, is a rather baseless claim (even if you're completely unaware of the animosity towards studios in general).
My, that was a yummy potato!
The only disks it won't copy are a few recent Sony ones (and we fcking *hate* Sony right now, yes?). These generate a CRC failure on read and the first few you meet you'd probably put down to scratches on the disk.
For those small number that don't copy (assuming you're using Windows), use DVD Decrypter and then burn the result with any CD burning program.
Or, use DVD43 and leave it running in your systray at all times. It'll strip out this protection on the fly, allowing DVDshrink to do its thing.
Reminds me of what has lately become one of my favorite quotes from The Insider.
Movies released on DVD have been available in the internet in very good quality since DeCSS. And even before that professional pirates could make a bit-for-bit copy of any DVD that worked just like the original. One DVD player model that made it possible to circumvent DRM does not have any effect on international piratism. Not one fucking bit.
That cat's totally out of the bag.
Actually, it's not "high voltage pulses". Macrovision has evolved past the stage where you could remove it with a "couple of passives and a one-shot" bypass circuit. Now, they mess with the level (and position, I belive) of the HSYNC pulse in a pseudorandom way. You need to work a bit harder to remove it, but I believe it's still possible with enough effort.
Ever try bringing your DVD player to a rental home where they have an old, RF-input only TV? Even with a video modulator, you're out of luck on a rainy day. Ask me how I know this.
Rather than try to remove Macrovision, I've taken the MythTV route. I replaced my Panasonic VHS recorder with a $150 PIII-900 class machine, a $80 200G hard drive and a $150 PVR-250 NTSC receiver card. For about $400 (and hours of fun for the idle mind setting it up!), I have my own, DRM-free, time-shifting PVR, DVD-player and -ripper, and video/audio archive. I can rip DVDs, record shows, skip commercials and transfer any of it to iPods or PCs. www.mysettopbox.tv will help you do it, too.
Why would you need to make backups when replacements are readily available at affordable prices?
We're talking about massive amounts of potential customers taking your product without paying for it.
You are wrong because: arguement by bizzare definition
Take (n): To get into one's possession by force, skill, or artifice, especially: To capture physically; seize
Even in the most egregious case, where I sneak into the RIAA president's house, boot his computer and pirate his entire collection of music, the property has not actually been taken. It's still there. Except I have my own copy now.
Star Trek calls this technology a "replicator"
If I wrote this about my "right" to run OS X on whatever hardware I liked, I'd be kicked to the ground, and then people would get "+5, insightfuls" for saying that Apple has the right to restrict how its software is run. (After all, you agreed to the EULA...)
Presumably the logic is simple: Apple restrics rights, fine; Microsoft, the MPAA or anyone else restricts right, treason!
--- My dad's political betting
The "DRM" (Fair-Use Circumvention Kit) features the MPAA would like to see in the player are not legal everywhere, and where they are, turning them off frequently is not illegal. Further, it's a widely held belief that one day the consumer or the powers that be might realize that people are getting the proverbial shaft and ultimately take a more sensible tack that obviates (or at least, no longer mandates) the need for such measures.
Samsung is simply building a player where the anti-consumer features can be made as consumer-friendly (or hostile) as the prevailing market conditions permit. This saves them effort of hardwiring different rules and functionality for each and every market or whenever there's been changes to local laws or customs.
Lets face it -- a minority have the player, and there's no tangible effect on the MPAA, since professional pirates wouldn't use a player like this to make bootlegs; heck, most amateur pirates would just as well rip the DVD.
They could just put out a press release along the lines:
Samsung is issuing a recall for all model HD841 because it easily allows users to strip DRM and other content control measures from DVDS. Please return your model and we will replace it with a more restrictive one.
"how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
Taking another's content and selling it for profit is pirating.
No, boarding a ship and stealing its cargo on the open sea is piracy. Doubly so if you make the ship's captain walk the plank. ARGH!
What you're talking about is COPYRIGHT INFRINGEMENT. No matter how many times the ??AA tell you it's theft or piracy, it is NOT. They have not been deprived of property; they have been deprived of potential revenue. If we let them define the language of the debate, then the terrorists have already won. Or something.
Hey kids, there's only 5 days left 'til Yak Shaving Day!
Yes, but that was intended for the mandatory copyright notice, NOT for several minutes of mandatory previews and ads.
As usual, the media companies are grossly abusing the feature.
Lost at C:>. Found at C.
I'm slightly more sympathetic to the movie industry, since making a movie costs considerably more and is hard to replicate (acting, scripting, filming).
Now, on the other hand, I do not have much sympathy for the recording industry, who charges way to much. If there were natural competition the situation would likely be totally different, my suggestion would be:
Music artists should be able to go and record their songs to more than one of the studios and the studios would need to compete *against* each other, perhaps adding something along with the CD to increase the value or just not do as well as the next studio. What's wrong with that?
So, first change: No exclusive contracts.
I seriously believe this would benefit both the artist and the consumer, ofcourse the studios couldn't have their ridiculous cuts/profits anymore since there would be real competition.
All the things you mention above are true - they don't have anything to do with piracy (except that they will argue about the region coding bullshit)
No, they're pissed about the ability to disable the HDCP encoding of the upconverted output on this player.
HDCP is DRM, and disabling it does help with copyright violation.
(I have one of these players, and I recommend getting one specifically for the reason I did - disable the HDCP and have upconverted HD video over component outputs)
Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
I think you are hitting on why they said "5.4 billion last year due to piracy." and not due to Copyright infringement. They consider any manner of watching a movie other than as intended as piracy, and that piracy removed a opertunity cost whos value is = to that of a sale. Becasue of the lack of a legal definition of piracy, this is valid in thier eyes.
Since they don't care for replay TV, DVD rental, Tivo, etc, etc. they must claim all use of these devices as piracy.
I do the same as the G.P. with tivo on pay per view, and mencoder on rental DVD's. In that I save a "portion" of the movie rental until I am done enjoying the movie. The movie studios clearly call that piracy, because you get most of the benefits of owning, without a full purchase price. I violated no law that I know of, and their is no clear copyright violation, but this failure of DRM to stop me cost them a sale opertunity ie "Piracy"
You know what really annoys me? It's how these articles always lie to me because they're just parroting what the MPAA said: ...avoid encryption features that prevent unauthorized duplication...
That's a bald faced lie. The Samsung players allowed users to bypass region coding, which has absolutely nothing to do with encryption or unauthorized duplication. Rather, the players allow you to play movies you bought in other countries. That's it. The MPAA has to lie about this because if they told the public what they were really mad about, they would get no sympathy at all from the public (But we want to charge more in Europe! Just because we can! Why are these pirates ruining the game for us?!?).
It's no wonder the average person turns on them when they finally learn the truth. You can't keep lying to people and expect them to trust you.
I read the internet for the articles.
It's abusive even for copyright notices. If you buy a DVD, you have the right to watch the video thereon in any order you want; your DVD player shouldn't be telling you what to watch.
The only time when P-UOPs can really be used legitimately is when allowing the viewer to change course at a certain point would break the disc's navigation (by leaving registers in an inconsistent state, etc.). Even then, there are usually better ways to solve the problem.
Visual IRC: Fast. Powerful. Free.
There must be other players that allow that.
Can anyone post their recommendations for "benign" DVD players that:
- Allow one to play DVDs from all regions,
- Allow skipping offensive content (e.g., FBI warnings),
- Allow bypassing Macrovision,
and, most importantly:
- Bypass HDCP/HDMI DRM crap by allowing full resolution (or upconverted) HD video output over component.
If someone in Europe wanted to view US movies, it seems they could easily and cheaply buy a US DVD player and watch all they want.
But why should they?
I can walk into any consumer electronics shop and get me a region free/selectable region player (usually with the possibility to disable macrovision and the like as well, at times with alternative firmware).
Those players will have the advantage of playing both pal and ntsc content, being able to play both on the typical pal tv set people have here, has a scart connector so I can use a rgb connection to my TV etc..
Oh, and I don't get the bother of having to find me a 110V outlet or converter.
Usually such players start at around 30 euro (new)
So, no there is no reason for people in Europe to buy a DVD player from the USA, rather, there are lots of reasons to not do so.
There are laws in place that they have to play by, and when their competition/customers ignore those laws, it's not a fair playing field. Of course they have a right to complain.
Most of those laws are bought and paid for by the industry to further their own needs. Who do you think lobbied and gave campaign contriobutions to have Copyrights extended from 14 years to the life of the artist PLUS 70 years? Who do you think paid to have the DMCA passed? The PIRATE and INDUCE acts? If you think an industry buying laws to protect it's own interests is the American way and truly a fair market, i disagree.
We're not talking about obsolete business plans. We're talking about massive amounts of potential customers taking your product without paying for it. Illegally.
We ARE talking about an obselete business plan. Even as deplorable as pirated DVDs are, from a purely economic point of view, even ilegal competition is still competition. When someone is undercutting your prices and you are selling a ludicrously over priced product, you should drop your prices to compete, then make it up in volume. That's High School economics.
Also consider that someone commiting copyright infringement is NOT neccessarily a loss for the industry, since many of them would not have bought the product anyway.
They are also producing a LOT of crap. If you look at certain movies, they rake in huge numbers and other... just aren't worth the inflated prices to watch.
Lastly, they ARE dealing with an obselete business model. In the past, the AA's had a great monopoly on the industry, simply because startup costs were so great that no one else could truly compete. Now that is getting less and less. They are also facing other competition that never truly matter years ago. VIdeo games are geting huge. The bigger video games get, the smaller the % of people's incomes will be spent on Music and Movies.
I believe sex is highly over rated... unless it involves me
MAKE REGION FREE:
The latest shipment of units are not region free. To change to region free mode do this:
1. Press Setup on remote control to access the setup page
3. A secret menu will pop up
2. Enter 9210 on the remote
5. Press Setup on remote again to exit
4. Select 0 to 6 in region code (0 is region free)
USE WITH HDCP:
1. No HDCP issues as there isn't any HDCP!
Thanks to all the previous posters regarding this player. I did not know this product existed, and it seems to do pretty much everything I want it to do. Thanks again.
I was told that I could listen to the radio at a reasonable volume from nine to eleven...
I after all know the Kryptonite of any standard corporate lawyer-ninja squad: the jury trial. You'll be hard pressed to find a jury that will award against Joe Q. Public to a multi-billion dollar corporation for doing something that seems reasonable.
Which is why big-shot corporate attorneys will do their damnedest to get a summary judgment. This means that the presiding judge rules that even if the facts are exactly as the alleged infringer states them, what he or she did still violates law. In the United States, juries are said to try the facts, not the law.