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Matt Hawes Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 16608
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Posted: 07 November 2007 at 7:10pm | IP Logged | 1
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The more I re-read Mike Richardson's quote below:
Mike Richardson wrote:
...My only exposure to your creation came when I was approached by one of my editors some time back about a possible resemblance to an on-line comic he was interested in publishing in comic form. Because of the possible similarities, I passed on the project and purposely have not EVER looked at it... |
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-- The more I have to question Richardson's explanation of events.
Why would Dark Horse's associate editor want to publish a comic series that he knows is supposedly similar enough to something his boss is working on?
Based on Richardson's account, that editor knew about his bosses' project, as he approached Richardson about the similarities between the two comics, yet this same editor was requesting a plot synopsis from Billman because he wanted to publish the "Living With Zombies" series at Dark Horse.
Does that make any damn sense?
Edited by Matt Hawes on 07 November 2007 at 7:15pm
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Todd Hembrough Byrne Robotics Member

Joined: 16 April 2004 Posts: 4171
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Posted: 07 November 2007 at 7:18pm | IP Logged | 2
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The curious thing here is that Dark Horse doesnt need to steal anything. Especially the 'plot points' of your buddies book.
Unless the goal was to find the plot points and go in a different direction to minimize any appearance of impropriety.
I feel for your buddies, but I have a feeling that the money they might recover will be nominal at best, when compared to the headache of suing, and the cost of doing so.
These types of issues are settled all the time in Hollywood, where the Matrix or Terminator will gross a billion dollars. It costs nothing to give someone a million or 200K as insurance.
Comics, I dont believe, represent the same payday.
Now, if they bide their time, and Dark Horse makes a movie, or cartoon, then it might be worth their while.
Doesnt diminish the 'suck' involved with feeling like they were wronged, tho.
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Matt Hawes Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 16608
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Posted: 07 November 2007 at 7:23pm | IP Logged | 3
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Todd wrote:
...The curious thing here is that Dark Horse doesnt need to steal anything... |
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Enron didn't need to steal anything, either.
It is important to fight this now, I believe. Waiting until a movie deal is made, or whatever, would just make it purely about money, not principles. It is about exposing, and maybe even righting what seems to be a wrong.
Edit to add:
Todd wrote:
...The curious thing here is that Dark Horse doesnt need to steal anything. Especially the 'plot points' of your buddies book.... |
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Oh, not just plot points... The premise, and even the name to some degree ("Living With...").
Pretty blatant.
Edited by Matt Hawes on 07 November 2007 at 7:25pm
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Todd Hembrough Byrne Robotics Member

Joined: 16 April 2004 Posts: 4171
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Posted: 07 November 2007 at 7:40pm | IP Logged | 4
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For your friends sake, I hope they get competent counsel to help them.
Because what you and I think might be fair, is not necessarily how it works in the real world, when the depositions start flying, and everyone asks why isnt Shaun of the Dead suing both of you.
And Enron, as I am sure you know, broke (like) a thousand laws in the process of defrauding their shareholders, regulatory agencies, the SEC, the NYSE, and lord knows who else. Dark Horse, worst case scenario is open to civil litigation, not criminal or RICO charges.
T
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Anthony J Lombardi Byrne Robotics Member

Joined: 12 January 2005 Location: United States Posts: 9366
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Posted: 07 November 2007 at 7:45pm | IP Logged | 5
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Out of curiosity. Are the sales of Living with Zombies suffering now because of Living with the Dead ?
There is room for both The Big Red Cheese and the Big Blue Boy scout
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Matt Hawes Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 16608
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Posted: 07 November 2007 at 9:16pm | IP Logged | 6
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Todd, I brought up Enron because of your claim that Dark Horse doesn't need to steal anything. Now, I am not saying for certain that they did steal anything, but I point to Enron as a prime example that no matter how large a company is, it is not above stealing anything.
Anthony, futures sales could be affected. The point is, did Dark Horse take Billman's idea and re-fashion it into "Living With The Dead"? It's not disputed by Dark Horse's owner that his editor approached Matt Billman about "Living With Zombies" about possibly publishing the series at Dark Horse. So, that raises many questions.
And there's only room for both "The Big Red Cheese" and "The Big Blue Boy Scout" because DC owns BOTH characters after acquiring the character of Captain Marvel from Fawcett, the company DC Comics DID sue because it claimed Captain Marvel ripped off Superman. In fact, it was due to DC's lawsuits and the changing marketplace that caused Fawcett to stop publishing comics and leading to the circumstances where DC now owns Fawcett's character.
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Dave Phelps Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 4188
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Posted: 07 November 2007 at 9:38pm | IP Logged | 7
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I haven't read either of the books in question, but assuming both exist is there anything in common beside the premise (and some of the more obvious characterization bits)? The premise is unusual, but not so unusual that there's no way two different people couldn't have come up with it independantly. It's not that hard to believe that someone from Dark Horse might contact the webcomic guy to gauge interest before pitching it to Richardson.
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Scott Sackett Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 407
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Posted: 07 November 2007 at 11:39pm | IP Logged | 8
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matt wrote:
Based on Richardson's account, that editor knew about his bosses' project, as he approached Richardson about the similarities between the two comics, yet this same editor was requesting a plot synopsis from Billman because he wanted to publish the "Living With Zombies" series at Dark Horse.
*******************************
That's not how I read it. I read it that the editor, on his own, was looking at your buddies webcomic as a possible project for Dark Horse. Then he took it to Ricardson, who passed because he had his project working.
Who's the editor on the DH book? Who's the editor who approached your friends? Comic editors are always looking for the next big thing, so it makes sense one might contact your friends independent of DH.
I doubt DH ripped off your friends, it would be easier for them to just hire them. Still it could be possible, I haven't seen either book. Even if DH didn't rip them off, they still might sue and win.
If it were me and I honestly felt ripped off, I would contact Richardson and try and work out some kind of deal. If that didn't work I'd talk to a lawyer. Actually, I might reverse those. Consult a lawyer, then use that info to negotiate with Richardson.
Most lawyers will consult with you for free until they agree to take your case.
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Anthony J Lombardi Byrne Robotics Member

Joined: 12 January 2005 Location: United States Posts: 9366
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Posted: 08 November 2007 at 6:52am | IP Logged | 9
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And there's only room for both "The Big Red Cheese" and "The Big Blue Boy Scout" because DC owns BOTH characters after acquiring the character of Captain Marvel from Fawcett, the company DC Comics DID sue because it claimed Captain Marvel ripped off Superman. In fact, it was due to DC's lawsuits and the changing marketplace that caused Fawcett to stop publishing comics and leading to the circumstances where DC now owns Fawcett's character.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~` There in lay my point Matt, IMHO the comic world would have been better off had Fawcett not had to fold and DC not got ownership of Captain Marvel. In DC he takes a backseat to Superman and so man other heroes were as he didn't at Fawcett.
If LWZ goes up against Darkhorse in a court and loses what happens next ? I can't honestly say i've ever heard of either title. But for the sake of the small guy i'd hate for them to get swallowed up by the wrong thing.
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Matt Hawes Byrne Robotics Member

Joined: 16 April 2004 Location: United States Posts: 16608
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Posted: 08 November 2007 at 9:51am | IP Logged | 10
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Scott wrote:
...Who's the editor on the DH book?.... |
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I'm not sure. I'll have to look it up.
Scott wrote:
...Who's the editor who approached your friends?... |
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Mike Carriglitto
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Al Cook Byrne Robotics Member

Joined: 21 December 2004 Posts: 12735
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Posted: 08 November 2007 at 9:55am | IP Logged | 11
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"Consult a lawyer, then use that info to negotiate with Richardson."
Doing what is right and good and maintains personal integrity, I'd agree with
this advice. It does seem like the honourable thing -- "hey, I know what
kind of case I have, but what say you and I just work this out together..."
Real world? Dangerous advice. Never negotiate without a lawyer.
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Lars Johansson Byrne Robotics Member

Joined: 04 June 2004 Location: Sweden Posts: 6113
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Posted: 08 November 2007 at 10:11am | IP Logged | 12
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Matt, I have a feeling it could be that the only ones who is going to suffer could be you, the original zombie team. I sort of know it. Everyone here in Sweden who started to sue then they are out of a job. One comic book artist I know, a rather close friend is not being hired since he's considered a trouble maker. He won the case! They stole his comic book characters for ice cream papers and tissues. It's a great way to dig your own grave. I truly believe it is what you are at the brink of doing now.
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