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NEWS: Pokémon Party Planner: Settlement Offer Rescinded


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TsukasaHiiragi



Joined: 24 Feb 2010
Posts: 179
PostPosted: Tue Oct 06, 2015 4:34 pm Reply with quote
copywrong - that is all. So many things wrong with this lawsuit.
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BodaciousSpacePirate
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Joined: 17 Apr 2015
Posts: 3017
PostPosted: Tue Oct 06, 2015 4:38 pm Reply with quote
Megiddo wrote:
Wait, what. I thought the whole point of settlements is to avoid even taking it to court. A judge has to sign off on a settlement? Why?


It varies from case to case, and isn't always necessary, but in this instance, this "settlement" is both a judgement by the court that Jones was in the wrong, as well as a permanent, binding promise by Jones - to both the court and TCPi - that he won't be naughty again. That basically makes the court an involved party, and so the judge needs to give his approval.

(This is somewhat of a gross oversimplification, but it should be good enough to get across what is actually happening here.)
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VanGosroth



Joined: 24 Mar 2006
Posts: 299
PostPosted: Tue Oct 06, 2015 4:48 pm Reply with quote
Both parties and their supporters are going off the deep end here and it's rather silly that there are people on this forum writing pretend letters to the parties involved acting as some sort of expert in this field.

Keep in mind though that business are not inherently good or bad. They are amoral. In the end it's all about taking whichever route gets the most / loses the least cash and picking the option that least damages the brand. If there is a legal avenue to take care of something before it becomes a problem and said action will benefit the company in the long term they will not hesitate to do it.

Imagine being the founder of a company and waking up to see an article headline that states: "DRUNK DRIVER COMING HOME FROM POKEMON PARTY KILLS FAMILY OF 5: POKEMON COMPANY WAS AWARE OF THE EVENT.". It would blow up over social media. People would blame the company because they didn't stop the event even though they could have. Pokemon would become associated with drinking and driving. THat's not something a company that tailors it's products to parents and children wants.

I do not agree with many aspects of current copyright laws but they are still LEGALLY BINDING. Abide by them or prepare for possible consequences.
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BodaciousSpacePirate
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Joined: 17 Apr 2015
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PostPosted: Tue Oct 06, 2015 4:54 pm Reply with quote
VanGosroth wrote:
Both parties and their supporters are going off the deep end here and it's rather silly that there are people on this forum writing pretend letters to the parties involved acting as some sort of expert in this field.


No one's pretending that they're an expert. Literally everything I've said is information contained in documents that the article linked to.

The man is an idiot for not hiring a lawyer, and this is a textbook example of why you don't post your pending settlement agreements online. By announcing to the world that you're willing to pay a certain amount of money in exchange for admitting you did it, you're inviting the other company to say, "okay, you're openly admitting that you're willing to pay X amount of money to make this go away, how about X times two?"
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Kikaioh



Joined: 01 Jun 2009
Posts: 1205
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PostPosted: Tue Oct 06, 2015 4:56 pm Reply with quote
He shouldn't have started the gofundme drive. Not only did it publicly air TPCI's terms for a settlement in a bad light (drumming up negative publicity all the while), but it also undermined the entire point of him taking the financial heat for his own actions. Telling an online sob story about how TPCI is putting him through hard times, and then asking other people to pay for his crimes, obviously wasn't going to go over well.
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Mr. Oshawott



Joined: 12 Mar 2012
Posts: 6773
PostPosted: Tue Oct 06, 2015 5:05 pm Reply with quote
It seems that there may have been more going on between Ramar Jones and The Pokémon Company than what I'm seeing. I doubt The Pokémon Company would withdraw their settlement just on a whim. Perhaps they weren't all that thrilled upon finding out that Mr. Jones turned to crowdfunding as an attempt to offset the $4,000 lawsuit.

Oh well, I wish Mr. Jones the best of luck. Had he just ran his Pokémon party at his own home and not used it as a profiting platform involving alcoholic beverages, he would have avoided all of this legal nightmare that he put himself in altogether.
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Amara Tenoh



Joined: 22 Mar 2014
Posts: 333
PostPosted: Tue Oct 06, 2015 6:00 pm Reply with quote
I feel bad for the position Jones out himself in but I'd be kidding myself if I thought he screw himself out of the offer. He made the offer public as well as several documentations (Even his address and phone number) thinking that could be fine. While I wish this would get settled already, I can see why TPCi redacted the offer. Jones needs to stop engaging in social media about this and focus on the inevitable court case to come.
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 6:01 pm Reply with quote
...also, I just read his Gofundit page, which essentially says "I am a cafe worker who thought it would be fun to throw a Pokemon party for my friends because we're all fans, but then Pokemon came out of nowhere, said we couldn't and sued me for 4000 dollars."


And this guy is saying he never "badmouthed" TCPi or misrepresented the case? Wow.
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Amara Tenoh



Joined: 22 Mar 2014
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PostPosted: Tue Oct 06, 2015 6:03 pm Reply with quote
Another good question, what happens to the $4,000 that was crowd funded? Will it he refunded to the donations or will Jones hold onto it?
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Megiddo



Joined: 24 Aug 2005
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PostPosted: Tue Oct 06, 2015 6:14 pm Reply with quote
It will likely be used for court costs since the initial offer has been rescinded and so the money cannot be applied to what it was intended.

Adamanto, can you explain what was misrepresented? Did the Pokemon Company provide a warning? The article fails to mention this if so.
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 6:27 pm Reply with quote
Megiddo wrote:

Adamanto, can you explain what was misrepresented? Did the Pokemon Company provide a warning? The article fails to mention this if so.


Here's a more truthful rewrite of the above.

"I am a bar owner, and me and my friend's company have been throwing adult Pokemon events at my bar for hundreds of people for four years now, obviously without TPCi's approval, where I have been charging entrance fees, selling Pokemon-themed alcoholic drinks and given out cash prizes. TPCi put a stop to it and were going to take us to court for willful copyright infringement, but offered to let us get away with a settlement of 4000$ in legal fees. Can you Internet people pay that for us?"

Looks a bit different now, doesn't it?
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Megiddo



Joined: 24 Aug 2005
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PostPosted: Tue Oct 06, 2015 6:35 pm Reply with quote
It sounds like the hundreds of BarCraft events that go on in the world, where people gather at bars and watch StarCraft (though with StarCraft's dropping popularity it has probably switched over to Dota 2 or League by now).
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Nacirema



Joined: 21 Mar 2015
Posts: 58
PostPosted: Tue Oct 06, 2015 7:06 pm Reply with quote
Megiddo wrote:
It sounds like the hundreds of BarCraft events that go on in the world, where people gather at bars and watch StarCraft (though with StarCraft's dropping popularity it has probably switched over to Dota 2 or League by now).

Those events sound like informal gatherings where the goal isn't to make any money. Jones, created a company, Ruckus Production to do business with Pokemon ip which unlike StarCraft target a kid demographic. Also if one company is lenient doesn't mean that all companies going to be/should be. It there ip, they can do whatever they want with it and can determine how to deal with people who using it without their permission.
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Gasero



Joined: 24 Jul 2009
Posts: 939
Location: USA
PostPosted: Tue Oct 06, 2015 7:23 pm Reply with quote
I do not support someone generating revenue from someone else's protected properties without permission. The party planner was told to not do this in the past and the the parties continued despite TPC's permission.

It is tough for me to feel sorry for the party host, and I do not understand why people donated money to a Go Fund Me campaign when the host should have been punished for his actions.

They don't seem like a responsible production company at all.
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 7:47 pm Reply with quote
Gasero wrote:

It is tough for me to feel sorry for the party host, and I do not understand why people donated money to a Go Fund Me campaign when the host should have been punished for his actions.


The way he worded his campaign makes it seem like he's a minimum wage worker who was going to hold a private house party with a handful friends and a mean corporation heard about it and showed up on his door with a $4000 lawsuit because he drew a Pikachu on the party invitations. That's why people are "supporting" him. They're not connecting his story with "paid admission bar event with alcohol sales for hundreds of people".
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