Loading ...
Sorry, an error occurred while loading the content.

24105Re: [mythsoc] Law suit update

Expand Messages
  • David Bratman
    Feb 6, 2013
      According to http://file770.com/?p=11534 the Zaentz countersuit claims that
      the movies and their spinoffs, and not the books themselves, are responsible
      for Tolkien's popularity. May we have done with such nonsense?


      ----- Original Message -----
      From: "Doug Kane" <dougkane@...>
      To: <mythsoc@yahoogroups.com>
      Sent: Wednesday, February 06, 2013 10:54 AM
      Subject: [mythsoc] Law suit update


      Here is an update on the situation with the lawsuit filed by the Tolkien
      Estate and Harper Collins against Saul Zaentz and Company, and Warner
      Brothers/New Line. Zaentz and WB have responded to the lawsuit by, in
      addition to denying the allegations, filing counterclaims for declaratory
      relief and for damages for breach of the implied covenant of good faith and
      fair dealing inherent in all contracts under U.S. law. I have had a chance
      to review these documents, and I have to say that it appears that they have
      a pretty compelling case as the issue of online games (perhaps not so much
      with the slot machine issue). They cite correspondence going back to 1996
      in which with Harper Collins and the Estate's attorney concede that Zaentz
      has the right to online video games based on The Hobbit and The Lord of the
      Rings. Perhaps most interesting, they cite a September 2010 "regrant"
      agreement in which the Estate confirms the rights held by Zaentz, and
      licenced to Warners/New Line. That must be the agreement that was referred
      to in Entertainment Weekly back in October 2010, in which Jackson was quoted
      as saying that one of the issues causing the delay was negotiations with the
      Estate over rights issues. I think it is likely that I will get a chance to
      see that agreement (as well as the other documentation that Zaentz and
      Warners say they have) over the course of the lawsuit, if it reaches the
      point that motions for summary judgment are filed.

      It is, of course, possibly that Zaentz and WB are misrepresenting the
      history and that the true facts will support the position of the Estate and
      Harper Collins, but right now it looks to me like they are on pretty shaky
      legal grounds.

      Doug
    • Show all 26 messages in this topic