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Old 02-23-2008, 12:56 PM   #1
Sauron the White
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ArathornJax has asked the jackpot question. And I thank him for making it so clear. I also would like answers on that issue and ask in a slightly different way.

Is it possible that once they get into court (or before for that date) the Estate can make a demand that since Zaentz is the actual rights holder and New Line only a temporary lessee, that Zaentz is somehow someway responsible in the final analysis for making sure that the Estate got their rightful payment?

And .... if Zaentz did not somehow someway make sure that the Estate got their rightful payment then he is just as guilty of not paying the Estate theri rightful cut as New Line is?

And ... the rub would then be ..... take away the rights from not only New Line but also from Zaentz too since he is guilty of not protecting the Estate.
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Old 02-23-2008, 01:08 PM   #2
William Cloud Hicklin
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The Complaint never proposes ending anyone's rights other than New Lines; and allows for protecting the interests of 'innocent parties.'

The court will look, not at one big indivisble parcel of rights- 'THE' rights- but as several chunks of rights which have been split up. UA never sold the Hobbit distribution rights to anybody, and there's no way they can lose them. Zaentz effectively split the rights he held in the licensing deal with Miramax- he sold the right to make films which commence production through 2008, but held onto the right to all films after that. The court can't take away Zaentz' 'reversionary interest' just because the other chunk of rights was mishandled after he sold them.

Although creative lawyers could in theory try to make a case that Zaentz is somehow at fault for New Line's non-performance, this suit *does not do so*. Zaentz is not a defendant, nor does the complaint allege any wrongdoing or negligence on his part.

It's a basic rule of plaintiff-side pleading that "The court can't give you what you don't ask for." The Estate has *not* asked for the termination of any rights not in New Line's hands. Again- were the Estate interested in taking rights away from Zaentz, then the Complaint would have named him as a defendant and alleged why he deserves to lose the rights. It didn't.
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Last edited by William Cloud Hicklin; 02-23-2008 at 01:14 PM.
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Old 02-23-2008, 01:26 PM   #3
ArathornJax
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Thanks!

Thank you WCH for clarifying that for me. It will be interesting to see how this falls out.
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Old 02-23-2008, 09:05 PM   #4
Sauron the White
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from Galin

Quote:
if Jackson was so concerned with accuracy he could have easily achieved it by incorporating only the Elvish from the books. Ok he didn't, so, so much for 'accuracy' step one.
What Peter Jackson was concerned with was making the best possible film he could make and having that film be a success by the standard measurements common in the commercial film business. And by those measurements it was a wild success.

Accuracy ---- what the heck is that? No film adaption is anything near the realm of "accuracy". Its an entirely different medium. One cannot adapt anything accurately from a book into the far different medium of film unless you use the book as your shooting script . Anything else is change. Accuracy regarding something as an obscure language which hardly anyone speaks is irrelevant as far as a films success is concerned. It would mean nothing either way and as such is a non issue.
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