1809 replies to this topic

[Anjian]

Chados, on 12 December 2017 - 05:54 PM, said:

This is all very interesting. I would bet that summary judgment will be denied. That does not mean that PGI is wrong. All it means is that HG has shown a dispute of fact relating to whether Tatsunoko had the right to license the Unseen to HG in the first place. And HG's lawyers very creatively dance around that in their filings and declarations. They're also threatening to shanghai Big West into the litigation, as it is they who actually own the Japanese rights to the Unseen in the first place. Big West has apparently resisted HG/Tatsunoko control of the Macross franchise for some time. So the question is, whose side will they be on when/if HG is given the right to conduct discovery of Big West? And what, I wonder, is under the redactions in attorney Bina's affidavit and in the response, relating to the arbitration? It's certain to be relevant, else they would not have desired it to be redacted.

Studio Nue and Big West are co-owners to the Macross characters and rights, and that has already been settled by Japanese courts long ago. If HG wants to bring lawyers to that, US courts have no jurisdiction over this. Furthermore, Tatsunoko only assisted in making the original Macross and gained this particular series rights for international distribution, but not any of the Macross shows after that, which means that Tatsunoko and HG has no rights over any of the succeeding Macross series whatsover.

That much is very clear. HG cannot reverse whats already decided in Japanese courts.

The only reason why HG appears to be the defacto holder of Macross rights is that no one has challenged them...until now. All it takes is Big West and Studio Nue to come out of Japan and challenge HG in US courts.

[Valdarion Silarius]

So what does the oral argument request mean for the case on December 15, 2017? Is that the date that both parties are required to show up to court in Seattle Washington?

https://imgur.com/a/cnCcF

This is rather confusing as someone who doesn't have any education in law.

[PheonixStorm]

The 15th is when PGI wants to argue for dismissal of the case which is why we see so much activity on the part of HG. PGI currently has HG by the short n hairy and is squeezing as hard as they can waiting for something to pop.

HG on the other hand... well they are trying two things. First, that the decision over the copyright of the 41 characters is question is for Japan only and that Tatsunoko owns the copyright for the 41 in international dealings. Second, that the arbitration doesn't say what PGI thinks it does. I need to reread all the new stuff and find a copy of the arbitration again, but I am pretty certain that the revised arbitration agreement specifically states that Tatsunoko cannot give HG copyright over the 41. Really need to find a copy of it.. I thought I had it downloaded but guess not

[Shadowomega1]

PheonixStorm, on 12 December 2017 - 10:51 PM, said:

The 15th is when PGI wants to argue for dismissal of the case which is why we see so much activity on the part of HG. PGI currently has HG by the short n hairy and is squeezing as hard as they can waiting for something to pop.

HG on the other hand... well they are trying two things. First, that the decision over the copyright of the 41 characters is question is for Japan only and that Tatsunoko owns the copyright for the 41 in international dealings. Second, that the arbitration doesn't say what PGI thinks it does. I need to reread all the new stuff and find a copy of the arbitration again, but I am pretty certain that the revised arbitration agreement specifically states that Tatsunoko cannot give HG copyright over the 41. Really need to find a copy of it.. I thought I had it downloaded but guess not

This https://www.leagle.c...fdco20170830639
or https://web.archive....ents/index.html

[Valdarion Silarius]

PheonixStorm, on 12 December 2017 - 10:51 PM, said:

The 15th is when PGI wants to argue for dismissal of the case which is why we see so much activity on the part of HG. PGI currently has HG by the short n hairy and is squeezing as hard as they can waiting for something to pop.

HG on the other hand... well they are trying two things. First, that the decision over the copyright of the 41 characters is question is for Japan only and that Tatsunoko owns the copyright for the 41 in international dealings. Second, that the arbitration doesn't say what PGI thinks it does. I need to reread all the new stuff and find a copy of the arbitration again, but I am pretty certain that the revised arbitration agreement specifically states that Tatsunoko cannot give HG copyright over the 41. Really need to find a copy of it.. I thought I had it downloaded but guess not

Good. I'm glad that PGI is putting pressure and stress on Harmony Scumbag. I'd prefer this court gets dismissed before September 2018. That would really make my day. Either that or a natural disaster wipes them off the face of the planet beforehand.

[BadgerWI]

What a week. It has seen the end of the FoX-men and will soon see the end of Harmony Gold...

[Darrious Quinn]

BadgerWI, on 15 December 2017 - 04:27 AM, said:

What a week. It has seen the end of the FoX-men and will soon see the end of Harmony Gold...

Well today is the day, but lets not count those chickens yet. Lets hold the celebration when we see the documents of dismissal.

[PheonixStorm]

The day is not today. It was changed to the 22nd

[Shadowomega1]

Well the 22nd has come and gone has anyone heard anything?

[PheonixStorm]

6 new docket entries from yesterday but we need someone with access to pacer or pacermonitor to grab a copy so we can figure out whats up. Looks like some of the responses are sealed (fully or partially is unknown)

[Mechrophilia]

BadgerWI, on 15 December 2017 - 04:27 AM, said:

What a week. It has seen the end of the FoX-men and will soon see the end of Harmony Gold...

What are/is FoX-men?

[wwiiogre]

Anyone got any info? Ferris? Ferris? Bueler?

Chris

[Battlemaster56]

Mechrophilia, on 23 December 2017 - 10:31 AM, said:

What are/is FoX-men?

A tv series based in the Fox Xmen cinematic universe focusing on people who try to figure out how to survive in a world that constantly hunts them down. No superhero antics just the ordinary people that get affected during the initial phase of the Sentinel program.

[BadgerWI]

Mechrophilia, on 23 December 2017 - 10:31 AM, said:

What are/is FoX-men?

The X-men movies made by Fox Studios.

[naterist]

does anyone have access to the new dockets from yesterday? i really dont want to drop cash to see them, and even if i did, i wouldnt be technologically capable of uploading them somewere for all to see. anyone able to snag them for us?

[Valdarion Silarius]

naterist, on 23 December 2017 - 05:56 PM, said:

does anyone have access to the new dockets from yesterday? i really dont want to drop cash to see them, and even if i did, i wouldnt be technologically capable of uploading them somewere for all to see. anyone able to snag them for us?

Someone over on HBS's battletech site has been dropping money to release the documents to everyone. I suggest just waiting until that person(s) updates the thread and someone relays the information over here.

Edited by Arnold The Governator, 23 December 2017 - 06:31 PM.

[Seraphic Law]

Here are the motion title updates from Friday, December 22, 2017 on the case.
Hopefully someone pays so we can actually have access to the documents.

76   respm Reply to Response to Motion Fri 4:40 PM
REPLY, filed by Defendants Harebrained Holdings, Inc., Harebrained Schemes LLC, TO RESPONSE to47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Corning, James)
 
75   sealdoc Unredacted Sealed Document Fri 3:50 PM
UNREDACTED SEALED 73 Declaration, by Defendant Piranha Games, Inc. (Fairchild, Todd)
 
74   sealdoc Unredacted Sealed Document Fri 3:48 PM
UNREDACTED SEALED 72 Reply to Response to Motion, by Defendant Piranha Games, Inc. (Fairchild, Todd)
 
73   respm Declaration Fri 3:46 PM
DECLARATION of Todd S. Fairchild filed by Defendant Piranha Games, Inc. re47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Fairchild, Todd)
 
72   respm Reply to Response to Motion Fri 3:43 PM
REPLY, filed by Defendant Piranha Games, Inc., TO RESPONSE to47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Fairchild, Todd)
 
71   motion Seal Fri 3:37 PM
Unopposed MOTION to Seal Portions of Piranha's Reply to Harmony Gold's Opposition to Defendants' Motion for Summary Judgment , filed by Defendant Piranha Games, Inc.. Noting Date 12/22/2017, (Fairchild, Todd)

Edited by Seraphic Law, 25 December 2017 - 06:29 AM.

[C E Dwyer]

CMDR Sunset Shimmer, on 10 December 2017 - 03:56 PM, said:

Catalyst has no say in what PGI does with assets, outside of that PGI cannot sell physical figures or maps of said assets. So, try harder.

Also it seems that, according to the legal filings, CGL has defaulted in this, leaving HBS, PGI and Wiseman as the sole people fighting against HG right now.

C.G.L abandoning the fight wouldn't surprise me at all. They've all ways had a shady past where money is involved.

Of course if H.B.S and P.G.I finally kick those that shall not be named into touch, they'll profit, with zero risk to themselves.

If not, those new castings will probably be even rarer than the old unseen models.

[wwiiogre]

Thanks for posting the motions. Now, does anyone with a legal back ground have the ability to explain what it all means?

Chris

[Chados]

Seraphic Law, on 25 December 2017 - 06:21 AM, said:

Here are the motion title updates from Friday, December 22, 2017 on the case.
Hopefully someone pays so we can actually have access to the documents.

76   respm Reply to Response to Motion Fri 4:40 PM
REPLY, filed by Defendants Harebrained Holdings, Inc., Harebrained Schemes LLC, TO RESPONSE to47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Corning, James)
 
75   sealdoc Unredacted Sealed Document Fri 3:50 PM
UNREDACTED SEALED 73 Declaration, by Defendant Piranha Games, Inc. (Fairchild, Todd)
 
74   sealdoc Unredacted Sealed Document Fri 3:48 PM
UNREDACTED SEALED 72 Reply to Response to Motion, by Defendant Piranha Games, Inc. (Fairchild, Todd)
 
73   respm Declaration Fri 3:46 PM
DECLARATION of Todd S. Fairchild filed by Defendant Piranha Games, Inc. re47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Fairchild, Todd)
 
72   respm Reply to Response to Motion Fri 3:43 PM
REPLY, filed by Defendant Piranha Games, Inc., TO RESPONSE to47 MOTION for Summary Judgment As to Lack of Standing to Assert Copyright Claim (Fairchild, Todd)
 
71   motion Seal Fri 3:37 PM
Unopposed MOTION to Seal Portions of Piranha's Reply to Harmony Gold's Opposition to Defendants' Motion for Summary Judgment , filed by Defendant Piranha Games, Inc.. Noting Date 12/22/2017, (Fairchild, Todd)

71 is asking to seal PGI’s reply to HG’s response to PGI’s motion for summary judgment, because there is something in it that HG thinks will hurt their ability to do business if it get made public, most likely some sort of trade secret or the subject of a confidential negotiation with one of the Japanese rights holders. 72 is that reply by PGI. Basically, PGI started this series of motions by saying “HG shouldn’t be allowed to sue us because they don’t own the images they claim we stole.” HG responded “Yeah we do!” PGI no doubt has replied “Nuh-uh! You’re wrong!” And explained what they see as the flaws in HG’s response.

73 is a supporting affidavit by some guy named Todd Fairchild, who PGI brings out as a witness to their claim that HG has no right to the images in question.

74 and 75 are unredacted and non-publicly-available versions of 72 and 73.

76 is Harebrained Studios chiming in, in support of PGI’s reply to HG’s response and essentially going “Yeah! PGI’s right and HG is full of crap-they don’t own squat!”

NB: I’m an attorney but I don’t specialize in copyrights. I have read the documents that have been posted on the forum. I have not read 71-76 as my PACER account isn’t working and I don’t propose to spend money on legal issues I’m not involved in. But I’ve been a litigator for 17 years and I know how litigation works and what the various motions filed purport to do on their face, based on the posture of the case. It’s all very routine in litigation to go through this sort of summary (i.e. without going to trial) judgment process in just about every civil or criminal trial case.

Edited by Chados, 25 December 2017 - 10:24 AM.