In its November lawsuit, Disney accused Redbox of reselling the codes in "blatant disregard of clear prohibitions against doing so." Disney noted that its combo packs are marked with the phrase "codes are not for sale or transfer," and that Redbox is violating its terms and conditions.
But Judge Pregerson, in a 26-page order, said that the language on the packaging does not create an enforceable contract between the studio and the buyer. Disney has not demonstrated that its breach of contract argument is likely to succeed on the merits, the judge said.
"Disney's Combo Pack box makes no suggestion that opening the box constitutes acceptance of any further license restrictions," Pregerson wrote in his order.
The judge also sided with Redbox's argument that Disney was misusing its copyrights by trying to restrict the reselling of copies of its movies after they've already been sold at retail.