Universal's legal action against 11th Hour

POSTED BY: CABridges
UPDATED: Monday, November 13, 2006 09:47
VIEWED: 59280
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CABRIDGES

Tuesday, October 24, 2006 7:18 PM

As mentioned previously, Universal LLLC is starting to crack down on fan wares. 11th Hour received a pretty blunt notice that she is struggling to comply with, and I'm posting this as a separate entry to try and keep focused on her specific case rather than the larger issue behind it. There's already a thread here for that, let's stay with 11th Hour here.

She posted about it at the OB and included some of the legal language:
http://forums.prospero.com/foxfirefly/messages?msg=32591.1

Anyone with knowledge of intellectual property law, please contact her as soon as possible. And on a more personal note, she could use some support from the rest of us. 11th Hour has been brightening our corner of the 'verse since there's been a 'verse, I hate that she was the one drew the next bullet.

WHOISRIVER

Tuesday, October 24, 2006 7:26 PM

I've gotta be honest, I think this is seriously crazy.

MAVOURNEEN

Tuesday, October 24, 2006 7:33 PM

Quote:
"That, no later than close of business on October 30, 2006, 11th Hour Art agree in writing to permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"

Guess that could be seen as Universal telling me to stop guerilla marketing too. Good job Universal, can't be having a loose cannon like me running around promoting Serenity. Think of the damage that could do.

Good bye guerilla marketing posters too?

Hello Serenity Valley.

What do you think Joss thinks about all of this?

For someone who so actively promoted the movie to be be treated like this...it's shameful.

EDIT: Copied from Gossi's response to this same post over at whedonesque.com..

Quote:
I think some law firms here have fallen out of a tree and missed every clue branch on the way down.
gossi | October 24, 21:17 CET

SIMONWHO

Tuesday, October 24, 2006 7:42 PM

Joss is very big on the chain of command - do not expect any support from that front.

As far as I can tell, this is a public declaration that Universal have given up on continuing the franchise. They're taking direct hostile action against those who have given large amounts of time, money and effort to promote the show, in the hopes of picking up real chicken feed amounts of money.

If they wanted to merely stop 11th Hour from selling any copyrighted material, they could have taken the route Fox did against BlueSunShirts and delivered a cease and desist. But instead they're demanding large sums of money (well, large for 11th Hour, chicken feed for a movie studio).

This is a direct attack and insult on the fans. There are plenty of other ways they could have done this but they've gone with this tactic. If they were going to continue with the franchise, they'd try to keep us onside. Instead, they're going for the last quick buck they can get out of us.

SILENCE

Tuesday, October 24, 2006 7:45 PM

This is one really big load of hwai!
How the hell can this happen?

oohhh our easy goin' nature is gettin' sorely f**kin' tested!

**************************
"Listen, if you got guests I can come back later."

CABRIDGES

Tuesday, October 24, 2006 7:49 PM

I think you're confusing Universal's legal arm with the rest of Universal. I'd be surprised if anyone involved at Universal LLLC even knew what the movie was. Their job is to protect the property, not to evaluate the usefulness of fan marketing.

I'm no supporting their move, but I don't assign evil intent to it, either. Just short-sighted intent. It's the same to us, but from their end I'd bet it's just business as usual.

GUYWHOWANTSAFIREFLYOFHISOWN

Tuesday, October 24, 2006 7:51 PM

Ni ta ma de. Tianxia suoyoude ren. Dou gaisi.

Quote:

How the hell can this happen?

good question

Quote:

oohhh our easy goin' nature is gettin' sorely f**kin' tested!

you know that's right!

SIMONWHO

Tuesday, October 24, 2006 8:03 PM

Quote:
Originally posted by CABridges:
I think you're confusing Universal's legal arm with the rest of Universal. I'd be surprised if anyone involved at Universal LLLC even knew what the movie was. Their job is to protect the property, not to evaluate the usefulness of fan marketing.

As I said, there's softly softly ways of doing this and there's grab as much as possible ways of doing this. Their legal arm wouldn't use such tactics without an okay from higher up the chain.

If we asked, I'm sure there would be a "Shocked, I tell you, shocked" reaction from them... but I'd be pretty doubtful that will change much.

Basically if they keep playing hardball with 11th Hour, that is it. There's going to be a reaction to this and if they can see our discontent and shrug it off and still pursue 11th Hour and the others, it means they don't care what we think. I have a backup plan that might make them change their mind on that but really, if they don't call off the hounds, we can stick a fork in the franchise, at least as far as Universal is concerned.

STORYMARK

Tuesday, October 24, 2006 8:03 PM

Quote:
Originally posted by SimonWho:

As far as I can tell, this is a public declaration that Universal have given up on continuing the franchise.

That's just an emotional response, and it's somewhat silly.

To me, this seems to imply the opposite. If they had no further interest in Serenity, they'd have no reason to persue this.

But if they see someone else making money off of their property, they can and will put a stop to it.

Unauthorized merchandise is illeagal, even if it's done by true fans.

I'm amazed that people are surprised when these things happen.

"I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."

SIMONWHO

Tuesday, October 24, 2006 8:05 PM

Okay, one more time: it's not what they're doing, it's how they're doing it. They're taking the most hostile, aggressive tactics available to them. You don't do this with people you want to keep onside.

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