Judge backs Fox's rights to Watchmen

[Vocenoctum]

In particular, Warner Brothers
exercised its option to acquire Gordon’s rights after being placed on notice of Fox’s
claim and having received the documentation upon which this Court bases its ruling.

See, that's sort of what I wonder, how a timeline of things goes.

It seems that they were confident that they could claim the rights to it based on actions in 91, and just figured the 94 agreement didn't matter.

So, did production start and Fox said "you know we distribute that" and they ignored it, then eventually the letters turned to this lawsuit?

Fox might be "greedy" (as any other company), but WB seems just... well, I can't think of a word besides "dumb".

 

[Dannyalcatraz]

So, did production start and Fox said "you know we distribute that" and they ignored it, then eventually the letters turned to this lawsuit?

Fox might be "greedy" (as any other company), but WB seems just... well, I can't think of a word besides "dumb".

Sounds right to me.

 

[Felon]

That means it is legal and allowed. It doesn't make it right, ethical, or something we should accept without complaint.

Actually, what "it's just business" means is precisely this: judgments of "rightness" or "ethicality" are out of place, despite the deeply-engrained urge to paint one side as the dastard as the other as the poor, bullied underdog. In reality, there are two big corporations with boards full of executives and shareholders trying to make as much money as possible in any way their lawyers advise them that they can get away with. Today it's Fox milking Warner, tomorrrow it can easily be the reverse. Why? Just business.

When a jackal attacks a hyena, sympathy and outrage are both misplaced sentiments. As to what you'll "accept without complaint"--well, go ahead and spit into the wind if you wish. I was trying to spare some folks from squandering their saliva.

See, that's sort of what I wonder, how a timeline of things goes.

It seems that they were confident that they could claim the rights to it based on actions in 91, and just figured the 94 agreement didn't matter.

So, did production start and Fox said "you know we distribute that" and they ignored it, then eventually the letters turned to this lawsuit?

Fox might be "greedy" (as any other company), but WB seems just... well, I can't think of a word besides "dumb".

The thing is, there's much we don't know about this situation, which is a fine reason right there to reserve any judgments concerning the right and wrong of it. If you're trespassing on my land, don't I have the right to tell you to get off? At any time, not just within your first few footsteps? Warner's a big boy. They certainly have the resources to do their homework. It's quite possible they had some kind off-the-books agreement that was renegged on by one side or both.

 

[qstor]

According to a release regarding the decision:


That may not sound like much, but IME, when a judge "suggests" that parties work things out, he's usually pissed at both sides.

puts on lawyer hat

Here's the order:

http://bradfox.com/downloadables/watchmen_dec2408_order.pdf

Mike

 

[qstor]

Fox might be "greedy" (as any other company), but WB seems just... well, I can't think of a word besides "dumb".

I don't know if dumb is the right word. I'm guessing that they had a lawyer advise them somewhere along the way about Zack Snyder's movie and Fox's rights, saying 20th Century Fox didn't have a claim to distribution rights. And the lawyer gave them a "green light" to start development of the movie. It's like any complicated decision in a large company or a big organization like government. Someone got bad advice along the way.

Like I said before, I'm sure they'll settle when they find a dollar figure that Fox and WB can live with. After all New Line and Peter Jackson settled so the Hobbit movie could get made.

The PR people at Fox and Warner Brothers have to see that dragging this out and stopping release of the movie will leave a bad taste with fans.

Mike

 

[Vocenoctum]

I don't know if dumb is the right word. I'm guessing that they had a lawyer advise them somewhere along the way about Zack Snyder's movie and Fox's rights, saying 20th Century Fox didn't have a claim to distribution rights. And the lawyer gave them a "green light" to start development of the movie. It's like any complicated decision in a large company or a big organization like government. Someone got bad advice along the way.

I couldn't really think of a better word, but I imagine somewhere along the line someone should have picked an option from:
1) The Rights are Free & Clear
2) The Rights are muddy, we should consult fox and/ or a magic 8-ball to sort it out before investing
3) The Rights are muddy, but we think we can defend it and we'll just figure the money into things.

So, I'm not a lawyer, and not on the legal team that got them to this point, but a negotiated buyout (as the 94 option presents) seems like a much better idea BEFORE sinking all the money into the project, rather than after. So I assume somewhere they got option 1 and ran with it.

Like I said before, I'm sure they'll settle when they find a dollar figure that Fox and WB can live with. After all New Line and Peter Jackson settled so the Hobbit movie could get made.

I think the Hobbit is a great example, since the movie rights were quite tangled IIRC. They sort that stuff out ahead of time. (And it would have cost them less before the LotR trilogy did so well.)

The PR people at Fox and Warner Brothers have to see that dragging this out and stopping release of the movie will leave a bad taste with fans.

Mike

Yeah, I just interjected when it seemed folks were going "Fox is greedy!" like WB didn't screw things up themselves. If they'd figured this out ahead of time, there'd be no issue.

 

[Dannyalcatraz]

puts on lawyer hat

Here's the order:

http://bradfox.com/downloadables/watchmen_dec2408_order.pdf

Mike

Thanks for that!

Clearly, Warner had its collective head wedged, but its not clear whether or not Fox was acting reasonably in whatever settlement talks may have existed between the 2 companies. If they weren't negotiating in good faith...

Summary Judgement + Ticked off judge.

We may know for sure if/when the final (detailed) order gets published.

 

[Krug]

Looks like it's still March 6.
WB, Fox make deal for 'Watchmen' - Entertainment News, Film News, Media - Variety

 

[Felon]

Covered a few days back in the "letter from Watchmen producer" thread.

 

[love.christine]

I didn't take the time to read the whole thread.

Does this mean anything reagrding the upcoming movie? Any [potential] changes to it?