Or no Hobbits at all... - The Barrow-Downs Discussion Forum

Sauron the White · 02-21-2008, 09:46 PM

Well, having just returned from a week of fun in the sunny climes of the Florida Keys, I must say that not one thing has been cleared up in my absence. I do find it interesting that the complaint filed is now available online and has been extensively quoted here and elsewhere, but the key elements have not been disclosed. And what are those?

The most important things as I see them is the definition of income, expenses and what is allowable and what is not. If NL is going to claim that their expenses times the 2.6 multiplier factor yield a number that denies the Estate any revenues at this time, then the important thing is to determine how that series of numbers is put together.

A week ago I wrote that we need to know how the contract defines the permissable expenses that the filmmaker is allowed to use before determining if the 2.6 multiplier goes into effect. AS OF TODAY, WE DO NOT KNOW THAT.

A week ago I wrote that we need to know how the contract defines the monies that amount to gross receipts or income. AS OF TODAY, WE DO NOT KNOW THAT.

Until we know those things, we are just running all our collective mouths as we attempt to discuss this suit without proper evidence. Of course, that has never stopped anyone here before.

I hesitate to get into a discussion about the motives of the filmmakers and if they should have, or if they did, consult Christopher Tolkien. Some here have floated the idea that if they - Jackson and company- would have given CT a veto over the scripts they maybe he would have helped. That is simply something that no filmmaker would want to do unless they had absolutely no other way of obtaining the rights. You are giving a veto to somebody who may not know beans about the filmmaking process, script writing, directing or anything else asociated with films.

Ernest Hemmingway said the best thing a author and producer could do was to meet on a deserted beach at midnight and toss the book and a briefcase filled with money to each other and never see or talk to each other again. Hemingway knew what he was talking about. And it looks like JRR Tolkien took Hemingways advice because his agreement with UA gave him not even the merest suggestion of a whisper of influence. And he was happy with enough with that to sign the contract.

If the Estate wants fans to be informed about this lawsuit and wants fan support for their position, they would do well to release the important language defining the items I have mentioned here. Without that, we are only getting very spotty information which in the end is like trying to read so many tea leaves.

Thread Tools
Show Printable Version Email this Page
Display Modes
Switch to Linear Mode Switch to Hybrid Mode Threaded Mode

02-21-2008, 09:46 PM	#11
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	Well, having just returned from a week of fun in the sunny climes of the Florida Keys, I must say that not one thing has been cleared up in my absence. I do find it interesting that the complaint filed is now available online and has been extensively quoted here and elsewhere, but the key elements have not been disclosed. And what are those? The most important things as I see them is the definition of income, expenses and what is allowable and what is not. If NL is going to claim that their expenses times the 2.6 multiplier factor yield a number that denies the Estate any revenues at this time, then the important thing is to determine how that series of numbers is put together. A week ago I wrote that we need to know how the contract defines the permissable expenses that the filmmaker is allowed to use before determining if the 2.6 multiplier goes into effect. AS OF TODAY, WE DO NOT KNOW THAT. A week ago I wrote that we need to know how the contract defines the monies that amount to gross receipts or income. AS OF TODAY, WE DO NOT KNOW THAT. Until we know those things, we are just running all our collective mouths as we attempt to discuss this suit without proper evidence. Of course, that has never stopped anyone here before. I hesitate to get into a discussion about the motives of the filmmakers and if they should have, or if they did, consult Christopher Tolkien. Some here have floated the idea that if they - Jackson and company- would have given CT a veto over the scripts they maybe he would have helped. That is simply something that no filmmaker would want to do unless they had absolutely no other way of obtaining the rights. You are giving a veto to somebody who may not know beans about the filmmaking process, script writing, directing or anything else asociated with films. Ernest Hemmingway said the best thing a author and producer could do was to meet on a deserted beach at midnight and toss the book and a briefcase filled with money to each other and never see or talk to each other again. Hemingway knew what he was talking about. And it looks like JRR Tolkien took Hemingways advice because his agreement with UA gave him not even the merest suggestion of a whisper of influence. And he was happy with enough with that to sign the contract. If the Estate wants fans to be informed about this lawsuit and wants fan support for their position, they would do well to release the important language defining the items I have mentioned here. Without that, we are only getting very spotty information which in the end is like trying to read so many tea leaves.