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Thatguyinktown

Cunningham v Miller lawsuit, explained.

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2 hours ago, Thatguyinktown said:

Not necessarily, the floodgates were already "open" since January 2013, the first date any author (operating outside of an employment or work for hire basis) could legally terminate any copyright enacted since January 1978 (In accordance with the Copyright Act of 1976). Some existing copyrights have already been terminated, for example, some early works of Stephen King and some of the songs from The Village People.

But none of those examples you listed are works for hire. The Copyright Act was intended, as I understood it, to protect artists' original works, not work-for-hire creations. Granted, at the studio level, it's not usually a work-for-hire, but a lot of indie producers still use that verbiage for scripts they hire writers to craft (that also might happen to pay far below scale, but could still go on to make the producers and everyone else involved several million).

 

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18 minutes ago, kohagan said:

Sending death threats over a film franchise is sick in the head.

Sending death threats period is sick in the head. Does nothing to help the situation.

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Sounds like Cunningham should have found a way to settle.  Maybe he feels he has enough to stand on, but in the process he and Miller and the court system are hurting the franchise and the game. Even if this ends soon, there may not be a studio that is willing to touch the franchise again for another movie.  I could see Blumhouse being about the only one who would.  Just an opinion. 

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Just read the details, I can tell you if I wrote a script that birthed a legend I would want paid. So would all of you! But! If he was hired under a "work for hire" contract, he got paid $9,500 for being the author of part one. Thanks Mr. Miller, have a nice life! If the courts deem that was NOT the case, then Victor deserves his money. Hopefully this gets done right, and swiftly. IMO, if Vic did write that without a "work for hire" label he SHOULD get cash for his work. He helped create Jason, though Savini came up with the mongoloid look of him. Just get it done fast, find out if it was work for hire and let the gavel fall!

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So now according to Larry Zerner we are waiting on some judge to make a ruling on whether Miller should receive money for future Friday the 13th content? Why the hell is this judge dragging his feet on this lawsuit? I wish Sean would have made a deal with him that stated since he was a part of the writing process of the original Friday the 13th movie, that he would only get paid from that movie alone but not any future content that he wasn't directly involved in. To me that would have been fair and hopefully Victor would have agreed also. However, now we are waiting on some douchey judge to make a ruling that should have been made along time ago.

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IMO it was the 2nd film that birthed the legend. Tom Savini deserves more credit than Miller. Miller would NEVER have used Jason again.

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3 minutes ago, F134Ever86 said:

IMO it was the 2nd film that birthed the legend. Tom Savini deserves more credit than Miller. Miller would NEVER have used Jason again.

part 2 on is a adaptation of the character he had a hand in creating 

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4 minutes ago, pioneer67fkd said:

part 2 on is a adaptation of the character he had a hand in creating 

Absolutley true, however it seems he is trying to take more than he deserves.   

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2 minutes ago, F134Ever86 said:

Absolutley true, however it seems he is trying to take more than he deserves.   

How much is he asking for?

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15 minutes ago, Jasonlives4ever said:

So now according to Larry Zerner we are waiting on some judge to make a ruling on whether Miller should receive money for future Friday the 13th content? Why the hell is this judge dragging his feet on this lawsuit? I wish Sean would have made a deal with him that stated since he was a part of the writing process of the original Friday the 13th movie, that he would only get paid from that movie alone but not any future content that he wasn't directly involved in. To me that would have been fair and hopefully Victor would have agreed also. However, now we are waiting on some douchey judge to make a ruling that should have been made along time ago.

Judge probably has other cases he's focused on and is hoping that these two sides can just come to an agreement on their own.

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Just now, malloymk said:

How much is he asking for?

I could be wrong but I think complete control of the rights to the name Friday the 13th and the characters Pamela and Jason Voorhees

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Posted (edited)

I reccomend users check out Larry Zerners(Shelly Finkelstein) twitter account. I think a ruling has to be made soon

Edited by F134Ever86
Sorry for the dbl post mods
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28 minutes ago, F134Ever86 said:

I reccomend users check out Larry Zerners(Shelly Finkelstein) twitter account. I think a ruling has to be made soon

Just read his explanation.  I also highly recommend others do as well.  He explains the entire thing very clearly.

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28 minutes ago, zmccain said:

Just read his explanation.  I also highly recommend others do as well.  He explains the entire thing very clearly.

No doubt! Get the info, hopefully things will be resolved in a timely manner. No matter who the winner is, hopefully it's a just decision. If Vic was working for hire, then the case will be pretty quick. If not, then hopefully he and Sean can work it out.

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On 6/11/2018 at 6:02 PM, humerabi said:

Don't forget about tricking out the cars with your own personal touch lol

 

Totally forgot about that. That would have been cool. Way to call them out on that.

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I dont care for this feature. It would break immersion for cars to look one way then change when someone gets in. I would rather they make new cars and have them spawn at random.

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On 6/11/2018 at 9:02 PM, humerabi said:

Don't forget about tricking out the cars with your own personal touch lol

 

 

1 hour ago, CPLhicks31 said:

Totally forgot about that. That would have been cool. Way to call them out on that.

 

1 hour ago, F134Ever86 said:

I dont care for this feature. It would break immersion for cars to look one way then change when someone gets in. I would rather they make new cars and have them spawn at random.

I wouldn't want customizable cars but I wouldn't have minded having a red VW Bug and a certain badass van that reeks of enchiladas. Hahahahahaaaaaa

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32 minutes ago, BrokenFattHardy said:

 

 

I wouldn't want customizable cars but I wouldn't have minded having a red VW Bug and a certain badass van that reeks of enchiladas. Hahahahahaaaaaa

Yes,

for me it isn't so much about the lack of customized cars, rather that a feature was promised and then dropped without a trace.

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23 minutes ago, CPLhicks31 said:

Yes,

for me it isn't so much about the lack of customized cars, rather that a feature was promised and then dropped without a trace.

We can talk about that scenario over and over, but we would just be beating a dead horse. They know what they promised and they know what they delivered but we (the customers) are the only ones that feel cheated. Remember that. 😉

Let's keep Ktown's thread on track though. 🤘🙂🤘

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why arent gun media just talking to Miller himself and making a deal of some kind to keep working?

IF miller win which would to me be absolute BS but I mean I'm not there seeing if he does or not so I don't know and if he do win then ''good for him'' I guess, but can't Gun just talk to Victor Miller and set up some kind of deal? I get he wants the credits and all this but if hes greedy then that means hes willing to do business?

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17 minutes ago, Aksana said:

why arent gun media just talking to Miller himself and making a deal of some kind to keep working?

Primarily because they aren't a direct party to the litigation.

It would also set a dangerous precedent; why negotiate rights with someone who does not have any legal standing (at the moment) to do so?  Such activity would encourage and embolden additional parties to lay claim to the property in the hopes of extorting a "fee" from tangentially associated entities, such as the publishers of this game.

This happens all the time.  It's primarily why the company I work for vigorously defends itself against any and all claims, rather than simply "settle out of court to make it go away".  Once a company has a reputation for just forking over money to save itself the time and expense of legal proceedings, every opportunist will be beating down the door looking for a free handout.  It's bad business.

It's a large problem in the U.S., and a glaring issue with our legal system that needs to be addressed: tort reform.  We've all heard about the sweet little old lady who was burned by McDonald's coffee thirty-two years ago, and that example is often cited as a textbook example of why we need tort reform (I also urge anyone with a mild interest in why folks are awarded millions of dollars in "damages" in civil trials to look up Hot Coffee, a nice breakdown of the case and what actually happened).

But I'm getting way off track.  The reason Gun Media isn't negotiating with Miller is because:

a) he currently, absent a ruling in the case, has no legitimate position to negotiate from until the conclusion of the trial;

b) negotiating with Miller would serve to legitimize his claim to a degree, hurting the case of Horror Inc., and adversely effecting Gun's own interests in that they were granted access to the F13 license from Horror, Inc.;

c) there are almost certainly rulings and/or injunctions from the court that bar any sort of discussion with current or potential licensees until the conclusion of the case, hence the July cutoff for DLC on the game

d) any new DLC probably has to go through some sort of approval process with Horror Inc. before it's included in the game (see point "c" above), which is pretty standard for any IP or media licensing agreement, hence the cessation of future DLC releases until this whole thing is sorted out.

 

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"I told the others, they didn't believe me. You're all doomed. You're all doomed." ~Crazy Ralph (1981)

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5 hours ago, AstroBuzz said:

I guess it's out of the question to write to the judge asking him to please rule on this case asap? Maybe, send him a petition signed by everyone that cares asking for him to please rule on this lawsuit asap...? IDK, just thinking aloud.

Please don't. All of us just need to butt out of this whole mess. There is absolutely nothing we can do or say to change things and it will only hurt instead of help. A perfect example is the Victor Miller vitriol. Everyone has egg on their face now for jumping the gun and blaming him. He is NOT to blame. He is just exercising his legal rights afforded by congress 30+ years ago. Nor is Cunningham at fault for refusing to settle and suing Mr Miller in return. The judge hasn't ruled yet because as Larry Zerner stated in his tweet this is all uncharted territory and there isn't much guidance for the judge to go on.

We all want this resolved and for the game we love to continue with future content. But sometimes life events just suck and you have to accept it, deal with it and move on. Like Wes and the others at Gun have stated, they will keep the servers on as long as possible and concentrate on fixing the plethora of bugs still left in the game. This is all we have at the moment and I for one am kind of glad this court case has halted content so they are finally forced to concentrate solely on bugs and glitches.

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