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NEWS: Pokémon Party Planner: Settlement Offer Rescinded


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RoverTX



Joined: 17 Dec 2008
Posts: 424
PostPosted: Tue Oct 06, 2015 3:38 pm Reply with quote
Streisand Effect

Talk about making a mountain out of a mole hill. I know the guy was in the wrong but come on.
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KH91



Joined: 17 May 2013
Posts: 6176
PostPosted: Tue Oct 06, 2015 3:38 pm Reply with quote
We will never forget this TPCI.
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WashuTakahashi



Joined: 18 Mar 2015
Posts: 415
Location: Chicago, IL
PostPosted: Tue Oct 06, 2015 3:42 pm Reply with quote
He was going to give them the 4k...They should have just taken it and let it rest :/ They're probably mad he crowdfunded it Razz
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Kougeru



Joined: 13 May 2008
Posts: 5527
PostPosted: Tue Oct 06, 2015 3:45 pm Reply with quote
It's really unprofessional to even talk about an on-going case like this, so I'm less on his side than I already was after he revealed they basically offered to let him go after paying the 4k court fees.
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 4:01 pm Reply with quote
I have this suspicion the offer was redacted because the guy went crying on the Internet and managed to get people to give him the 4000$, thus letting the guy get off scott free while punishing other completely innocent people. Not exactly the message they want to send here.
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Snakebit1995



Joined: 25 Apr 2015
Posts: 842
PostPosted: Tue Oct 06, 2015 4:06 pm Reply with quote
I feel like there might by something more we don't know.

Why did they rescind the suit on one guy but not the other? To me that's the biggest question.

The article says that the defendants run a "Production company" yet they don't have 4000 dollars available for legal fees? One of the lessons I learned in basic Financial accounting courses is that businesses should always set money aside for potential legal suits.

Something about this whole thing feels off, Nintendo is know for not really understanding internet culture, but they don't seem so petty that they'd sue a party. Parties like these happen all the time and this is the only one I've heard get in trouble.
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mgosdin



Joined: 17 Jul 2011
Posts: 1302
Location: Kissimmee, Florida, USA
PostPosted: Tue Oct 06, 2015 4:10 pm Reply with quote
<SIGH> Bad publicity, a few sales lost here and there. Adds up after a while.

And attorneys earn how much per hour?

Don't see any upside to this, no winners only losers of varying degree.

Mark Gosdin
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BodaciousSpacePirate
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Joined: 17 Apr 2015
Posts: 3017
PostPosted: Tue Oct 06, 2015 4:12 pm Reply with quote
Dear Mr. Jones:


It doesn't matter that you didn't make any money on your parties. That just means you are a poor businessman in addition to being a thief.

It's time to hire a lawyer. If you had when this all started, he would have told you, day one, not to publicize the terms of your settlement agreement before they had been finalized. He would have told you not to crowdfund money for a settlement that the judge hasn't signed off on. He would have told you to shut your damn mouth until all of this blew over, because a judge isn't going to find any of your behavior amusing.

All you've done is make it easier for the judge to not take you seriously when you show up in front of him with no legal counsel. It doesn't matter whether the internet think you are in the right or not. If this goes before a judge, you will lose.
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 4:13 pm Reply with quote
Snakebit1995 wrote:

Something about this whole thing feels off, Nintendo is know for not really understanding internet culture, but they don't seem so petty that they'd sue a party. Parties like these happen all the time and this is the only one I've heard get in trouble.


There's a couple details you seem to have missed, yeah.
1) The party was paid admission
2) The party had prizes, both cash and other
3) It was an adult party where alcohol was being sold. Not even served, sold by Mr. Non-Profit here.
4) It was advertised as a "Pokemon party" and used Pokemon imagery in this advertisement
5) The guy is a repeat offender who has been doing this for years


This wasn't some random dude throwing a 3DS Pokemon tournament with his drinking buddies in his apartment, and going "I wasn't making money off this, I was just selling these Pikachu's Thunder Vodka drinks at high markups so I could afford the cash prizes for my paid admission video game tournament" isn't exactly making him LESS likely to get in legal trouble.


Last edited by Adamanto on Tue Oct 06, 2015 4:22 pm; edited 1 time in total
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WashuTakahashi



Joined: 18 Mar 2015
Posts: 415
Location: Chicago, IL
PostPosted: Tue Oct 06, 2015 4:21 pm Reply with quote
If you get the time, I encourage all of you to check out the gofund me. Some of the comments are pretty hilarious. "Rawr rawr! I'm never spending another dime on Pokemon ever again how dare they!" And I can't BELIEVE what some people are donating! There were several 200+ donations, and one for 1k! Wish I had that kind of money to throw around...

Last edited by WashuTakahashi on Tue Oct 06, 2015 4:24 pm; edited 1 time in total
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Aster Selene



Joined: 15 Jul 2009
Posts: 68
PostPosted: Tue Oct 06, 2015 4:21 pm Reply with quote
I'm not claiming to know a lot about how business or legal things work, and I'm most definitely not claiming that TPCi can only make sound business decisions or that it can do no wrong. But I definitely cannot shake the feeling that there's something we don't know about this situation.

Going to court is messy and takes up lots of time, money, and hassle, and I know oftentimes companies prefer to settle things even if they'd be likely to win a court case because the amount they'd lose on settlement is less of a cost than the whole hassle of going to court. I can maybe believe that TPCi wants $5k for settlement fees in terms of legal damages even if it's something small, but going straight to court over an issue that - if the party host is to be believed - they wouldn't even have lost much money or brand value over, and would damage their PR more deeply to pursue than to just send a CoD and drop it?

In addition, while it may not quite be "defamation", you definitely should not be publicizing the terms of a settlement because that is a bad idea on all counts. And there's something bothering me about that so-called 45-day time limit that's not mentioned in the settlement...I don't want to accuse the host of being a liar, but I could easily see TPCi considering making up something like that and poising yourself as a helpless victim against a bully company as defamation. Slight exaggeration aside.

Something's up. There's got to be something we're not being told. There's something bothering me about the so-called 45-day time limit that's not mentioned in the letter, the unexplained reason why TPCi dropped the charge on one host and not the other...we're not being given all the sides of the story, that's what I'm feeling.


Last edited by Aster Selene on Tue Oct 06, 2015 4:25 pm; edited 1 time in total
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Megiddo



Joined: 24 Aug 2005
Posts: 8360
Location: IL
PostPosted: Tue Oct 06, 2015 4:24 pm Reply with quote
BodaciousSpacePirate wrote:
He would have told you not to crowdfund money for a settlement that the judge hasn't signed off on.

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?

Also, why were the charges dropped for one of the co-organizers and not for the other? That doesn't make any sense.


Last edited by Megiddo on Tue Oct 06, 2015 4:28 pm; edited 2 times in total
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maximilianjenus



Joined: 29 Apr 2013
Posts: 2862
PostPosted: Tue Oct 06, 2015 4:25 pm Reply with quote
thanks, that really puts this on perspective, I was already not on his side by teh badmouthing/crowdfunding.
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Aster Selene



Joined: 15 Jul 2009
Posts: 68
PostPosted: Tue Oct 06, 2015 4:28 pm Reply with quote
Megiddo wrote:
BodaciousSpacePirate wrote:
He would have told you not to crowdfund money for a settlement that the judge hasn't signed off on.

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?


The point of a settlement is to avoid taking it to trial, not to court. I think it's technically possible to settle without a court order, but generally it's not advised.

(Though feel free to correct me if I'm wrong, I'm not really an expert in law)
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Adamanto



Joined: 07 Aug 2011
Posts: 146
PostPosted: Tue Oct 06, 2015 4:30 pm Reply with quote
Also,

Aster Selene wrote:
I can maybe believe that TPCi wants $5k for settlement fees in terms of legal damages even if it's something small, but going straight to court over an issue that - if the party host is to be believed - they wouldn't even have lost much money or brand value over


It's fairly obvious that some guys starting a drunken brawl at this "Pokemon party" and the press reporting that would have hurt TPCi. The party host is painfully naive is he can't see that.
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