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teh*darkness

Joined: 16 Feb 2007 Posts: 588
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Posted: Wed Nov 12, 2008 4:49 pm |
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| Kruszer wrote: | | kokuryu wrote: | | Mmm, more edited anime to come then... That's too bad... I was hoping it would just simply fade away... |
Umm....what are you on about? I'm sorry, but this statement just makes no sense whatsoever. Geneon has never ever edited any of their anime for stateside release. Very few companies ever do that these days.  |
Didn't you know? kokuryu is one of those "pro-free anime, anti-legitimate R1 industry" trolls. Just ignore their posts. They're usually inflammatory for no good reason.
| Colonel Wolfe wrote: | Calculus, what I'm saying, in the simplest terms is that Universal Japan would not be under any legal obligation to honor the agreements that Geneon had with Funimation under their distribution deal since those deals/discussions were made prior to Universal acquiring a majority ownership in the company.
Put it this way: if I had acquired Geneon and decided that I was going to change the name of the company into a new brand name and Geneon had made agreements with Funimation prior to my acquiring the company then I would not be under any legal obligation to honor those agreements.
If I decided to honor the base groundwork of the original agreement then I would decide on opening dialogue for a new agreement since Funimation would need to re-discuss the agreements since a new owner of the company is now involved. |
Um, so technically what you're saying is that if Geneon USA had randomly decided to change their name, that they could claim they didn't have to honor contracts because they were a different company now? The owner of the company doesn't matter, especially if the contracts specifically state that Funimation has a contract with "the owner of these licenses... currently to be Geneon USA" . If NBCU is now the owner of those licenses, they would still be covered by the contract. You can't claim something you don't know. It's all theory right now... stop arguing about it. Geez... buncha armchair lawyers. What's the point? So if you're right, are you gonna wave your e-peen around and brag about it? I'm more worried about WB getting seriously into the anime market. Thanks to their horrible dubtitling on Ex Machina, I'm not gonna be buying that movie. Even if NBCU decided to actually get into the anime market in Japan or the US, I kinda doubt they'd change everything around rather than just let the people in place continue their business as usual. |
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CCSYueh

Joined: 03 Jul 2004 Posts: 1913 Location: San Diego, CA
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Posted: Wed Nov 12, 2008 5:27 pm |
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1-The deal is complete in Feb 2009. We can assume things will continue as the are until then.
2-You don't buy a name brand & gut it immediately. There's usually a period where the new people are figuring out the company. Announcements of store closings, etc usually take a couple months because things need to be assessed as to where there's duplication. Apparently one plus for Universal is Geneon has been distributing their titles in Japan for about 9 months. Maybe this is what they wanted out of the deal.
3-Universal does get their titles distributed in the US on a regular basis, thus it is possible they'll dissolve the distribution deal with Funi. However, they may also not mind the deal Funi has. Geneon's biggest issue was apparently massive returns & if Funi's dealing with this in a responsible manner (i.e.-not flooding the market with dvds no one wants) Universal may choose to keep the deal in place, particularly with the year lag we've already had.
4-you do realize Geneon USA had it's share of live-action movies. During the Geneon sales they always had plenty of documentaries, British horror flicks, & the Judy Garland tv show. It sounds as if Geneon Japan has a similar assortment of anime & live action.
5-Usually in times of change companies do their best to assure their current customers things will continue as usual. It isn't really in Universal's best interest to cease distribution of these products considering there's already been one delay unless they are planning to cancel them forever. I remember when Snapple was sold they did their best to assure customers the quality would remain. Just because KFC & Taco Bell have the same owner doesn't mean either has been influenced by the other restaurant. The owner keeps it separate (although I know of 2 locations in town where both restaurants operate under the same roof). KFC isn't selling Volcano tacos & Taco Bell isn't selling hot wings.
I was going to wait for another Geneon sale at Right Stuf, but I think I'm pre-ordering the last KKM, Shonen Onmyoji 5 & the 3rd Saiunkoku set now. Who knows if Universal as the new owner will run sales & it's safer to try to secure them now. |
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Colonel Wolfe

Joined: 05 Aug 2004 Posts: 356
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Posted: Wed Nov 12, 2008 5:47 pm |
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CCSYueh has it right. When the merger deal is complete between Universal Japan and Geneon they'll more than likely reabsorb all deals that were previously made with Funimation and release those titles themselves.
Since the licenses for the Geneon titles are still owned by Geneon that means that those licenses will transfer to Universal Japan. As far as the agreement with Funimation, Universal will, more than likely, dissolve those agreements. If they decide that they'll try to keep the agreements with Funimation then new agreements as well as payment terms for releasing those titles will be reworked. In the end, the law is on the side of Universal and with the bankroll that Universal has, I wouldn't look for Funimation fighting that.
Remember, Funimation doesn't have the license for the Geneon titles, only an agreement to distribute their titles. |
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hikaru004

Joined: 15 Mar 2004 Posts: 1832
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Posted: Wed Nov 12, 2008 5:51 pm |
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I don't see how this could be bad for Geneon. Universal has a better distribution arm including theatricals if any are in the Geneon wings to come over.
As long as the titles keep coming, I won't mind one bit if it's Universal helping them out. I just hope that the remaining staff keep their jobs. |
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analogk37
Joined: 12 Jul 2005 Posts: 11
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Posted: Wed Nov 12, 2008 7:05 pm |
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| Yes, this is Geneon in Japan, but I do wonder since NBCU is ultimately involved if Hulu.com isn't a player in this as well. I'm always curious when a big company like NBCU/GE is involved just how much leveraging is going to take place... |
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Colonel Wolfe

Joined: 05 Aug 2004 Posts: 356
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Posted: Wed Nov 12, 2008 7:29 pm |
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| I doubt it. If Universal is planning on putting the Geneon anime on Hulu, they're going to need to get a separate license for that from the originating anime licensor for that series in Japan. |
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Kruszer

Joined: 19 Nov 2004 Posts: 3496 Location: Duluth, MN
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Posted: Wed Nov 12, 2008 9:47 pm |
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| Quote: | Didn't you know? kokuryu is one of those "pro-free anime, anti-legitimate R1 industry" trolls. Just ignore their posts. They're usually inflammatory for no good reason.
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Yes, I sorta put 2 and 2 togher, but I do feel that correcting ignorance is a much more productive solution....then comes the open scorn/taciturn brush-off.  |
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R315r4z0r

Joined: 30 Aug 2007 Posts: 141
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Posted: Wed Nov 12, 2008 10:19 pm |
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So what exactly does this mean for us? Does it mean that 'Geneon' will continue their business licensing and distributing anime? And does that mean out of the country releases too? Like in North America?
Can we expect them to, for example, distribute When they Cry 2 (Higurashi no Naku Koro Ni Ki) in North America? |
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GATSU
Joined: 03 Jan 2002 Posts: 8415
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Posted: Thu Nov 13, 2008 1:09 am |
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| I don't buy that changing the name of one of the business partners changes the legal binding of the deal. If that were the case, then CPM wouldn't have any legal standing for keeping its yaoi line. More likely, this will just affect future negotiations. |
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Top Gun

Joined: 28 Sep 2007 Posts: 1194
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Posted: Thu Nov 13, 2008 2:42 am |
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| I think it's kind of pointless to speculate on this news until we learn anything about how (or if) this affects Geneon USA's dealings with FUNi or its back-titles that aren't being distributed. There really isn't much to go on. |
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Colonel Wolfe

Joined: 05 Aug 2004 Posts: 356
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Posted: Thu Nov 13, 2008 5:58 am |
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You're missing the point. Geneon USA is a subsidiary of Dentsu. When Dentsu decided to withdraw from distributing and producing anime DVD's for the US this effectively shut down Geneon USA which shut down the company.
Soon after, Geneon/Dentsu signed an exclusive agreement with Funimation for Funimation to distribute the titles that were already produced as well as continue to finish publishing the rest of the series to those that hadn't been completed.
Since that deal was inked and done prior to Universal engaging in talks with Dentsu/Geneon Japan, this means (for Geneon USA) that whether Universal Japan (which is a subsidiary of NBC UNiversal, that all of Geneon USA's assets are also part of the deal, that any agreements Geneon had with Funimation would be rendered inactive or they would be voided.
When a company or corporation decides to acquire/purchase another company, they are not bound to honor any contracts that were previously agreed upon as they were not agreed upon by the new company. Now, while the new company has the right to grandfather those agreements, they most likely won't because money exchanged hands between Funimation and Geneon as part of the original contract. If Universal decides that they'll keep the contracts, Funimation may have to ink a new deal with the new company.
In either event, if this webt to court, Funimation would lose because Universal Japan would not be legally bound to honor those agreements. It's the same with industry jobs. If a steel manufacturer acquired a smaller steel manufacturer, the company that acquired it would be under no legal obligation to keep those workers. They have the right to replace those workers with their own employees. This is the way the business works.
And this will definitely have an impact on the agreement between Geneon USA and Funimation. |
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ikillchicken
Subscriber

Joined: 12 Feb 2007 Posts: 2513 Location: Vancouver - Go Canucks Go!
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Posted: Thu Nov 13, 2008 6:47 am |
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| Yeah, you've said that. You've said the exact same thing several times actually. That really doesn't make it true though. I'm not necessarily saying it isn't. However you really have offered any proof. Is there some sort of source or anything you could site to show that it works this way? I can see where that might be tricky but you're not really going to convince anyone by just repeating yourself. If all you've really got is your own knowledge then I think you ought to just accept that people don't believe you and move on. |
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Mindless Watcher
Joined: 17 Oct 2006 Posts: 68
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Posted: Thu Nov 13, 2008 7:25 am |
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This is (or would be) a typical example of a contract at the expense of a third party which is void under civil law under almost all circumstances.
Basically, Geneon cannot sell what they do not own, i.e. whatever rights Funimation has under the contracts they made with Geneon.
I'm asking everybody to imagine what would happen if that wasn't the case. Nobody would do business anymore because whatever the benefits of a contract are they might become void overnight. Last time I checked, they were still doing business in Japan.
Colonel Wolfe, please cite the relevant parts of Japanese law you're basing your claims on.
Last edited by Mindless Watcher on Thu Nov 13, 2008 7:31 am; edited 1 time in total |
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Colonel Wolfe

Joined: 05 Aug 2004 Posts: 356
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Posted: Thu Nov 13, 2008 7:30 am |
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Maybe you go back and read what I've said because everyone is acting ignorant.
I'm simply saying that when the Universal deal goes through, unless there is a grandfather clause written into the contract between Dentsu and Universal, that Universal is not legally bound to honor those contracts that Geneon held with Funimation.
If Funimation wants to keep the current contracts then they would be required to hammer out a new agreement with Universal after the merger is complete. |
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Colonel Wolfe

Joined: 05 Aug 2004 Posts: 356
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Posted: Thu Nov 13, 2008 7:45 am |
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Mindless, what I'm referring to is U.S. Law. When the merger between Universal Japan and Geneon Japan is completed, Geneon USA would be absorbed along with the merger since Geneon USA is part of the Dentsu/Geneon Japan business arm.
Mindless, after the merger happens, Universal Japan will be under no obligation to honor those contracts ... a new one would need to be drawn up. |
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