Universal's legal action against 11th Hour

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

Monday, October 30, 2006 6:29 PM

Have you seen BlackMarketBeagles new line of T-shirts? Variations on:

I'm a fan of a specific Sci-Fi movie and/or TV show. International copyright laws prevent me from telling you which one.

Priceless!
_________________________________________

Formerly known as RimGirl.

FIRESTALKER

Monday, October 30, 2006 6:48 PM

Is there anything new about whats going on?

What happened.....?! I need to know.

Oh... wait.... I'm supposed to be lurking.

Pay no attention to the man talking from the shadows... But answer his questioin, please.

-------------------------------------------------
"You know what the definition of a hero is? Someone that gets other people killed."

STORYMARK

Monday, October 30, 2006 10:07 PM

How much tractio does this story have outside of Fan message boards, I wonder?

I'm just thinking, because there is all this talk of fans boycotting Universal and such, but I wonder, how much difference will that make? Internet fans have a tendancy to think they are The fanbase. But really, I have well over a dozen close friends and/or family I would call Browncoats - and not a one of them, aside from myself, goes to any message boards, or has ever heard of this situation.

Several of them have, incedentally, bought official Serenity shirts.

"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."

11THHOUR

Monday, October 30, 2006 10:44 PM

Funny thing about the Internet though, interesting stories don't stay put.

This topic involves Universal Studios and a Joss Whedon production, which draws attention in itself. Then add the high buzz factor of a major studio taking legal action against the fan base it previously embraced and encouraged to guerilla market and make merchandise... well, that's quite a story.

This story touches not only on our fanbase, but other fanbases too. There's also the ongoing heated discussion of the idea of "fair use" when creating works which relate to a copyrighted property.

This is very timely topic with all kinds of twists and turns. It's not as black and white as some may think. There is an opportunity here for a thinking out-of-the-box approach which still promotes the good will of the fans, establishes a prescribed "fair use", and thus utilizes the great benefits of fan powered marketing, and yet still protects the rights of the copyright holders.

11th Hour

>>>}———————————————)))======<[]>======(((———————————————{<<<

"Because teenage pranks are fun when you're about to die!" - Hoban Washburne

Firefly/Serenity Guerilla Marketing Posters ~ http://the11thhour.home.att.net
Cafe Press Shop ~ http://www.cafepress.com/11thhourart

Spread the word today ~ Give the gift of Firefly: http://www.apple.com/itunes

SIMONWHO

Monday, October 30, 2006 10:59 PM

Boycotts would be ineffective - a few thousand not going to see a movie that only a percentage of them were going to see anyway doesn't add up to much.

However, there are other ways the browncoat fanbase can mobilise itself. Methods that are legal but unpleasant and best kept as a last resort. Let's hope it doesn't come to that.

WHOISRIVER

Monday, October 30, 2006 11:02 PM

Exactly, 11th.

The best solution would have been in 2004, for Universal to say "We're not going to sell the t-shirt rights. Do what you want". It would have lead to shirts in even more places about the movie. Sure, they wouldn't have been able to get a few thousand from those rights, but the legitimized publicity would have been fantastic.

There's no way a case like this should fly under the radar of people outside the fan base, as it has universal implications. You can't embrace word of mouth marketing like Universal did and then sue those people for little reason.

That said, I feel really guilty as a few of us are using your case to bring this to the media, Susan. So, uhm, sorry. I hope you don't mind, and know this is something people* need to think about (like, now).

* Ideally studio people.

MCEEP

Tuesday, October 31, 2006 12:14 AM

well, it'd been a while since I checked in on the verse, and I actually found out about all the ruckus via techdirt, so the word is definately getting around, and to places well outside of fandom

FOLLOWMAL

Tuesday, October 31, 2006 1:49 AM

Quote:
Originally posted by MCeeP:
well, it'd been a while since I checked in on the verse, and I actually found out about all the ruckus via techdirt, so the word is definately getting around, and to places well outside of fandom

Good it needs to!

"You hold. Hold 'til I get back." Mal

Ask me how to join the Appreciatin' Nathan Crew.

ASARIAN

Tuesday, October 31, 2006 3:54 AM

When I was still in Law school (though I didn't wind up becoming a lawyer: never went for the Bar; long story), my Civil Law professors talked about the bird and the cage. That once you let the bird out of the cage, it's really very hard to get it back in again. Simply put: once you give up certain rights, expressed or implied -- especially over a prolonged period of time -- you may find it progressively harder, legally, to enforce those previous rights thereafter.

Now, by no means, no one take this as legal advice. I'm just musing out-loud, thinking I wouldn't mind if, along the way (if it ever gets to trial) a Judge told Universal: "Look, you can't have your cookie and eat it. You asked, and encouraged your fanbase to do viral marketing for you, and facilitated such behavior on your own boards even. Now, go live with the reality that you opened the cage-door yourself, and that the bird is gone."

Oh, and reputation matters. I know, it's people talking, gossip. But that's exactly why big companies have a healthy fear for it. Because you can't sue what's not solid; it's elusive. Have the world think you're a jerk, and it's an enemy that stalks you, costs you money, and can really only be effectively countered with a good reputation. Though the best way to create goodwill, imho, is not to lose it. In that respect, gotta say, Universal, your talent for alienatin' folk is near miraculous.

--
"Mei-mei, everything I have is right here." -- Simon Tam

KANEMAN

Tuesday, October 31, 2006 4:15 AM

11th hour,
"There is an opportunity here for a thinking out-of-the-box approach which still promotes the good will of the fans, establishes a prescribed "fair use", and thus utilizes the great benefits of fan powered marketing, and yet still protects the rights of the copyright holders."

Can't wait to here this...ho hum...waiting...waiting...let me guess it somehow involves you making money off of your FF thievery? Stop turning the fans against the verse for your own benefit. You should be ashamed of your self. You have the whole fandom in a tizzy over what? Universal told you to not sell "their stuff"..Sure, some Browncoat. Might even be a Greencoat. I will respond. Universal did not make this public...YOU did. Why?

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