Universal's legal action against 11th Hour
POSTED BY: CABridges
UPDATED: Monday, November 13, 2006 09:47
VIEWED: 59280
PAGE 4 of 17
Quote:
Originally posted by MrT:
Not a whole lot of common-sense flying around Universal at the moment I reckon... My heart goes out to those staunch Browncoats who have worked hard, profited little, and are thanked not at all by the boys who get the major cashy cash.
Have to agree , MrT !
As always , the trouble with common sense is it ain't so common !
And the trouble with 'conventional' wisdom is , well , that it's so conventional !
Gorramit , this is a heartbreak , and a travesty , as well ! I hope that this is simple , plodding , heavy-handed bureaucratic , corporate stupidity , and that TPTB will soon see it that way , come to their senses , and leave well-enough alone ! This is so dumb , you'd think there was some politician behind it !
There actually may not be another person anywhere in the 'Verse who has done even close to what 11thHour has done for the fandom of Firefly and Serenity ! Universal should be honoring and applauding her for being such an inspiration ! What gives ???
Buck up , 11thHour !
You're still my own personal Browncoat B*D*H ! My artistic temperament is in solidarity with yours through this tough time , and we will see you through this , one way or t'other !
This is about to Damage My Calm !
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Quote:
Originally posted by Leiasky:
1. A licensee that has PAID Universal a fee to manufacture product under a property that is held by the studio has complained.
Option A. A few months ago, a firm bought the shirts license from Universal Licensing LLC.
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And as far as option B goes, look how pissed off people are. Imagine people's reaction if Universal asks us to do more free promotional work for them to help the DVD along.
This is an unmitigated screw up. The tight time limits that have been given to 11th Hour are probably going to prevent any action being taken by those on our side at Universal until it's too late.
That could be deliberate. Stops pressure on people like Nathan from being asked by fans "Why aren't you doing something about this when we rallied to your side by the thousand when you asked for it?".
I guess the next 72 hours are going to be pretty interesting.
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I think you may have hit a chord there. Legal notice HAD to be delivered at the very least by certified mail (signed proof of delivery). They would also have give the offending party time to comply with said request before any kind of financial action could be taken.
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I don't think the people who are acting optimistic are acting altogether sane. I don't mean that as an insult but consider the following:
1 When Universal was supporting Serenity they asked fans to go out and advertise.
2 Universal has just demanded a stop to advertising.
The email did not just say stop using our stuff, it also said stop supporting our stuff. In essence they are trying to cut off the form of advertising that's been most effective in this sort of case and has been known to be since, at least, 1987.
Everyone who thinks it is a sign that Universal has hopes for the project please tell me where I'm wrong but first:
Ask yourself what it means to "permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"
Well for starters it has nothing to do with preventing others from profiting from Serenity because then it would say, "permanently cease and desist from sale of any products bearing or referring to Universal Property," and it isn't trying to stop things from getting out there in order to increase demand for their own products because then it would read, "permanently cease and desist from sale or distribution of any products bearing or referring to Universal Property."
So we're left with the question, what does it mean advertise, promote, or market?
Before I hit on that I just want to point out two major points:
1 This is not limited to non-endorsed products and certainly not to products produced by 11th Hour Art, in fact it states just the reverse, it says ANY product meeting those requirements.
2 The Serenity DVD itself is a product that both bears and refers to Universal Property.
As such let us think about it in terms of Serenity itself (so I don't have to type, "product bearing or referring to Universal Property," all the time) because it is obviously covered.
So, again, what does it mean to advertise, promote, or market Serenity?
To say, "Serenity is on DVD," is to advertise it.
To say, "Serenity is good," is promote it.
To say, "Buy Serenity," is market it.
(Seriously, that's why a business sending out a person to say, "New iPods are out now," is considered advertising.)
So the order is for 11th Hour Art to agree, in writing, not to recognize Serenity or anything else from Universal. Since this is directed at 11th Hour Art and not a physical person it isn't stopping anyone from talking, but the question becomes why they don't want someone helping their marketing?
It is preventing 11th Hour Art from doing anything that endorses, announces, or even recognizes the existence of any Universal property, but since the 11th Hour Art site doesn't have a News section it is unlikely that it would say, "I just saw Slither and it kicks ass," anyway. (Some businesses do that sort of thing, even some larger ones.)
As such for 11th Hour Art this seems to be minor, perhaps the most minor thing about the situation. However when it comes to people saying, "This is a good sign," I think it's fairly major that they just said, "No more advertising our product," which is, by my understanding, the exact opposite of what would be done when product v.2 is about to come out.
I can't see this as a sign that they think Serenity will make more money because if that were the case they would be encouraging advertising and promotion, not demanding that it stop.
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I wish I knew something to say that might help, but my legal knowledge is pretty slim. My thoughts are with you 11th Hour. I hope you can find a way through this.
*************************************************
"So long and goodnight."
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Ok, I'm no legal guru, and I also tend to react very emotionally, so forgive me for this:
We need an address. We need to slam their mailboxes full. We need to tell them how inappropriate we feel this is. We need to tell them that if this is due to interests in countinuing with Serenity, we'd all be happy to do what we need to do to support the sequel, as long as they can confirm it now. However, If they are doing this because they refuse to do more. We're also all very happy to never support another property of Universal ever again. As much as 11th, and many others brought people to them, we can pull them away.
Afraid they're losing a little money? They don't know what losses we can provide.
If it's all due to a company who wants to sell shirts.... how many do they think they'll sell to us with tactics such as this?
Stand up. Fight back.
"But you sleep like a ghost with me
It's as simple as that
So tell me I'm mad
Roll me up and breathe me in
Come to my madness
My opium den
Come to my madness
Make sense of it again."
Goodbye to all that. III-The Opium Den (Brave)-Marillion
visit WWW.Marillion.com for a better way of life.
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People, She was selling other peoples sh*t...She is a thief, I know we all love our thieves around here, but come on ....They should take her to court and sue the wrinkles off her ass.....Well, I would.............
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Sucks, sucks, sucks, sucks, sucks. Maybe legal, doesn't mean it doesn't suck any less.
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I feel really bad for you and the others who have been suffered needless attacks for promoting a show that was abandoned and a movie which will only have many more viewers for the sequel, do in no small part, to organizations such as yours which faithfully promoted them. This is a truly sad day.
This is capitalism at it's worst.
Copyright laws are out of control and on days like this it seems like there is nothing that we can do about it. Big studios, lawyers, middle-men and their ilk are scrambling to put laws in place to control the internet and trade because they're scared. They're quickly realizing that if they don't put in these legal controls soon and destroy the freedom of the internet as we know it, people will realize that the middleman is not not necessary in the 21st century, considering the power of the people behind the internet. We can not let them take this away from us!
I'm going to stop talking and thinking about this for the moment, because when I do think about it, I start plotting dangerous thoughts in my head and this is not the time or place for me to be plotting. There will be a day when the people take their freedom back from the oppressors who abuse our legal system and turn it against us, and that day is comming soon. There are many of us out here that share these sentiments. Big Corp/Gov may have all the lawyers and the money, but we have the numbers and we are not robots, nor do we worship money. We will not be slaves!
They can beat us down but we WILL rise again!
My thoughts are with all of the victims of this, the most recent Alliance attack on the people. I wish you luck in your future endeavors.
"A government is a body of people, usually notably ungoverned." http://www.myspace.com/6ixstringjack
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