Forum - View topicNEWS: Pokémon Party Planner: Settlement Offer Rescinded
|
Goto page Previous 1, 2, 3, 4, 5 Next Note: this is the discussion thread for this article |
| Author | Message | |||
|---|---|---|---|---|
|
AbZeroNow
Posts: 519 |
|
|||
|
To paraphrase Shirou in the latest version of UBW: Pokemon Company may be correct in what they are doing, but that doesn't make it right.
I'm going to remember this. Guess they don't really want my money playing Pokemon Go after all. |
||||
|
||||
Amara Tenoh
 Posts: 333 |
|
|||
To be fair, Jones wasn't making all the right decisions himself. |
||||
|
||||
Mr. Oshawott
 Posts: 6773 |
|
|||
So I suppose you're okay with anyone trying to use an IP of another company to promote his/her party for profit while associating it with alchoholic drinks? Besides, this guy has been hosting these parties for four years. The Pokémon Company has warned Ramar Jones several times to abandon his copyright-infringing party and he ignored them every single time, thus forcing the them to file the $4,000 lawsuit. Had they just let him slide, they would risk losing their IP and they would potentially find themselves on their receiving end of a flurry of lawsuits from angry parents for [indirectly] using Pokémon to promote drinking. So yes, The Pokémon Company [and the fans] had plenty to lose by letting him continue the run of his party scot-free. |
||||
|
||||
Foxaika
 Posts: 365 Location: Columbus, Ohio |
|
|||
I'm kinda confused. Is he actually making any profit? Everything I've read(which admittedly isn't everything) says that he wasn't profiting from the party, but he did collect revenue that was reinvested into the party. I thought he was throwing the party at a loss. Do we know he gained, or is that just speculation? I also thought he hadn't received any cease or desist prior to the lawsuit. Don't get me wrong, I am not saying he's in the right or anything, but I am reading multiple stories saying contradictory things here. |
||||
|
||||
Gasero
 Posts: 939 Location: USA |
|
|||
|
Whether the party is profitable or not doesn't matter. The issue is with commercializing a property without permission. That means any revenue generated as a result of using the Pokemon property is liable for litigation.
I would find it odd for the Pokemon Company to reference multiple requests to cease using the pokemon property for these parties. The same production company has commercialized multiple pokemon parties according to their own admission. If they were just having their own personal parties without permission there wouldn't have been an issue, but these parties seemed to be a yearly commercial event. |
||||
|
||||
|
Mr. Oshawott
Posts: 6773 |
|
|||
|
It's time that I corrected myself.
It turns out that, according to The Pokémon Company, that $4,000 lawsuit settlement actually never happened. The Pokémon Company is actually suing Ramar Jones for $5,400 ($5,000 for attorney fees, $400 for court costs). |
||||
|
||||
|
Adamanto
Posts: 146 |
|
|||
He's twisting the truth so hard in his various statements I wouldn't be surprised to learn he actually meant he was currently in the red because the party hadn't happened yet so he had currently only received money from ticket sales, not from the drink sales at the party itself, and that he hadn't received any C&D this year, the fifth one in a row he's doing this. Companies don't waste time and money on going to court over things like these unless they have to due to C&Ds just getting ignored. Regardless of what he claims, it's extremely likely he's received multiple such orders he's ignored. |
||||
|
||||
|
Foxaika
Posts: 365 Location: Columbus, Ohio |
|
|||
So what you're saying is that we don't know? That's all I really wanted to know, if these supposed details people were posting were more than just speculation.
I know. I am asking for clarification on what is going on, not whether or not he should be in the clear. Different question. As I said, I've seen several different posts saying contradictory things. I'm just asking for details rather than speculation, to clarify. Last edited by Foxaika on Tue Oct 06, 2015 11:20 pm; edited 2 times in total |
||||
|
||||
TarsTarkas
 Posts: 5825 Location: Virginia, United States |
|
|||
You are only punished during criminal proceedings, not civil ones. It doesn't matter where the money comes from, as long as it is paid to the claimant. Crowd funding or a rich benefactor could legally pay everything to the claimant to settle the civil action. As to why people donated money, that is an easy one. Pokemon's company is never going to have Pokemon beer themed parties. So they are supporting those that are willing to do so. I am sure there are plenty of anime themed social parties that happen below the radar. These guys just went a bit too far. - Civil proceedings against you by a giant company almost demand a lawyer to take care of all the actions that are required. I wouldn't assume he didn't have a lawyer, unless the host actually says he didn't have one. But as others have said, he shouldn't have said anything until after the settlement had been carved in stone. Then he could have done the crowdfunding to cover the settlement's cost. |
||||
|
||||
BodaciousSpacePirate
 Subscriber Posts: 3017 |
|
|||
It looks like that's the case here; the documents that the article links to (which Jones publicized himself) state that Jones has not retained a lawyer. |
||||
|
||||
WashuTakahashi
 Posts: 415 Location: Chicago, IL |
|
|||
|
People keep mentioning that the guy has received multiple C&D over the years...is there any proof of this? I haven't seen anything of the sort.
|
||||
|
||||
Kadmos1
 Posts: 13555 Location: In Phoenix but has an 85308 ZIP |
|
|||
|
If this was Disney, I wouldn't be surprised if they went after if the guy after he did it the first time.
|
||||
|
||||
Wandering Samurai
 Posts: 875 Location: USA |
|
|||
Agreed. Schools actually have to obtain permission from Disney to show any Disney movies. He was getting off easy with $4000. Then he wanted to be an idiot and blab online like every not-so-smart individual tied to social media. I don't really feel sorry for him. Disney would not have stopped at $4000 if he had been doing a Disney themed party. |
||||
|
||||
|
Akko Anime
Posts: 3 |
|
|||
|
Honestly, people don't seem to quite get what is happening here.
What TPC is asking for is the $5,000 in attorney's fees and $400 in court costs. What they are asking for is to recover the cost of getting him to stop. $5,000 is probably between 10 and 15 hours of an attorney's time to gather evidence, prepare a case, and draft documents. All of which need to happen before filing something in court. What TPC is NOT seeking is damages. Under the copyright law, they'd probably be able to ask for anywhere between $200 (for the "I didn't know" type) to $150,000 for willful infringement for a commercial purpose. Honestly, the're being really nice, only asking for what it cost them to make him stop using their property. He instead tried to paint himself as the victim, making things much worse for himself. Now, if he goes to court he will lose. He has no real defense - any defense at this point is only trying to reduce the amount of damages he has to pay. He will STILL have to pay for attorneys fees, which will be far more than 10-15 hours, probably running into the tens of thousands of dollars. AND he will probably have to pay money in damages. |
||||
|
||||
|
AbZeroNow
Posts: 519 |
|
|||
I didn't say I was OK with Jones using Pokemon's IP. I said that they were correct in this regard(and again, they are within the law to do what they did). I haven't seen a source that TPC sent a single C&D. If they do produce just one to prove that they had sent one(and you're wrong about Jones being the one to organize this for the previous years. This year was his first time doing the party.), then I can see why they went to court. Look, Jones got the money to pay them. Pokemon Company should have just taken the money and dropped the lawsuit. Any bad publicity would have went away. Now, since they went nuclear, I want this show of bad faith on Pokemon Company's part to go viral, and I hope they lose millions in boycotts. |
||||
|
||||
 |
All times are GMT - 5 Hours |
|
|
|
Powered by phpBB © 2001, 2005 phpBB Group