Dungeons & Dragons Movie Lawsuit Proceeds to Trial

[Plaguescarred]

A March 25th trial date has been set for claims and counterclaims over the rights to produce a Dungeons & Dragons movie.
In tentative oral rulings issued January 17th, U.S. District Judge Dolly M. Gee denied certain of Sweetpea Entertainment’s motions for summary judgement.

I think there is ample evidence for a jury to decide whether or not there has been contributory infringement.


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At the same time, Judge Gee said that she would be granting Sweetpea’s motion in regards to Hasbro’s claim of direct infringement. Sweetpea had asserted that there could be no direct infringement because the script that it had offered was rejected by its partner, Warner Bros. Pictures.
The judge also indicated that she would probably deny Hasbro’s motions for summary judgement on Sweetpea’s counterclaims.


- See more at: http://www.purplepawn.com/2014/01/dungeons-dragons-movie-lawsuit-proceeds-to-trial/

 

[DMZ2112]

I'm torn. Having read the court docs, I think the circumstances under which Sweetpea got these rights were ludicrous in the extreme, but also pretty cut and dry from a business perspective. On the other hand, Hasbro has the leverage to make a successful D&D movie, if not one that is actually /good/. I'd hate to see Sweetpea get screwed, but Hasbro ending up with the rights is definitely the best case scenario for the hobby.

 

[darjr]

Wasn't the sweatpea guy the one who introduced Lorraine Williams to Gary Gygax and suggested he hire her to run the company? Who negotiated the movie rights in the first place? Wasn't it wotc shortly after the purchase of tsr?

 

[Umbran]

I'm torn. Having read the court docs, I think the circumstances under which Sweetpea got these rights were ludicrous in the extreme, but also pretty cut and dry from a business perspective.

I think Hasbro may have a point that, since later productions were not released in theaters, that sequel movie rights have reverted. In addition, the fact that the third production did not directly reference prior work stands as an argument that it was not, technically, a sequel, prequel, or remake - it was a stand-alone new work, not covered by the terms of the license.

I don't see anything that explicitly states Sweetpea got perpetual "right of first refusal" in there. They got rights to make a movie, and maybe some sequels. It is not reasonable to say that, having lost the right to sequels, they continue to have some other rights over the property unless it is explicitly stated they do.

 

[DMZ2112]

I think Hasbro may have a point that, since later productions were not released in theaters, that sequel movie rights have reverted. In addition, the fact that the third production did not directly reference prior work stands as an argument that it was not, technically, a sequel, prequel, or remake - it was a stand-alone new work, not covered by the terms of the license.

I don't see anything that explicitly states Sweetpea got perpetual "right of first refusal" in there. They got rights to make a movie, and maybe some sequels. It is not reasonable to say that, having lost the right to sequels, they continue to have some other rights over the property unless it is explicitly stated they do.

Ah, I hadn't considered that. If Sweetpea has not upheld their contract in good faith, then that is another story.

 

[Umbran]

Ah, I hadn't considered that. If Sweetpea has not upheld their contract in good faith, then that is another story.

Well, the point isn't so much about their faith, as their ability to execute. I think, with the second movie, they may have originally intended to produce something for theatrical release (good faith), but it wasn't good enough to get anyone willing to distribute it (failure to execute). Same with the third - just not good enough for the big screen.

And that's part of licensing. You farm out to someone else to increase the value of your property. Of course, you put in some protection for yourself in case they cannot deliver. If Sweetpea can't produce some real movies, hand the license back, and they'll find someone who can.

If this court case turns out against Hasbro, I would think outright buying Sweetpea would be a viable tactic for Hasbro. It isn't like the company is worth much more than the D&D movie license itself.

 

[DMZ2112]

Thank you for the clarification of terms, Umbran.

 

[XunValdorl_of_Kilsek]

The only thing I would go to court over with regards to the D&D Movie is to claim restitution for those 90 minutes of my life I will never ever get back.

 

[trancejeremy]

Given the track record, I don't think Hasbro has the ability to make decent movies, either.

 

[tuxgeo]

Given the track record, I don't think Hasbro has the ability to make decent movies, either.

Popular ones, though -- with explosions -- they do have that ability.

Their movies will at least make it into theaters. That's a big difference.