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Potentially BIG News Regarding the Tolkien/New Line Lawsuit

Voronwë_the_Faithful
Valinor

Jul 8 2009, 3:56pm


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Potentially BIG News Regarding the Tolkien/New Line Lawsuit Can't Post

New Line has now filed a motion for summary adjudication of the plaintiff's cause of action seeking the right to terminate New Line's future rights to make the Hobbit films (or other Tolkien films). In other words, they are asking to have that claim be dismissed entirely.

New Line asserts three different argument to support this motion, all of which appear to me to have some merit (of course I've only read New Line's argument so far since they just filed the motion; I'll have to see what the plaintiffs' responses are). The first argument is that since the plaintiffs explicitly are only seeking termination of New Line's rights, while leaving the rest of the 1969 agreements intact, what they are seeking is a partial revocation of the contracts, and that is not allowed by law. The second argument is that what the plaintiffs are really seeking to do is to terminate New Line's agreement with third parties (Zaentz and Miramax), and that they do not have standing to that. The final argument is the one that I have been saying all along; that the attempt to terminate the rights is not ripe, because the agreements specifically state that the agreements cannot be subject to termination or revocation until a final determination has been made by a court of competent jurisdiction that a sufficiently significant breach has occurred, and a final determination would not occur until any appeals are finally decided.

I am cautiously optimistic that there is a good chance this motion will be granted, removing the potential obstacle to the Hobbit films, regardless of what happens at trial (if there is a trial). Of course, that optimism might be lessened once I read the plaintiff's arguments. The hearing is scheduled to be heard on September 15.

'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'

www.arda-reconstructed.com

Subject User Time
Potentially BIG News Regarding the Tolkien/New Line Lawsuit Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Jul 8 2009, 3:56pm
    Thanks! Compa_Mighty Send a private message to Compa_Mighty Jul 8 2009, 4:51pm
    Thanks VtF ... Elven Send a private message to Elven Jul 8 2009, 10:38pm
        Let me try to explain further Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Jul 8 2009, 11:26pm
            Thanks for taking us Ataahua Send a private message to Ataahua Jul 9 2009, 12:46am
            Thankyou VtF .. Elven Send a private message to Elven Jul 9 2009, 2:59am
                Don't hesitate to ask more questions Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Jul 9 2009, 3:37am
                    Thanks Voronwe! Jettorex Send a private message to Jettorex Jul 9 2009, 1:56pm
                        You're welcome! And some answers Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Jul 9 2009, 2:28pm
            Thanks so much Voronwe grammaboodawg Send a private message to grammaboodawg Jul 9 2009, 2:20pm
    Thank you very much! Peredhil lover Send a private message to Peredhil lover Jul 9 2009, 5:32am
    .... Pandæmonium Send a private message to Pandæmonium Jul 9 2009, 10:31am
        Language, please entmaiden Send a private message to entmaiden Jul 9 2009, 1:16pm
        I'm not saying I don't think New Line should pay the Estate what it is rightfully owed Voronwë_the_Faithful Send a private message to Voronwë_the_Faithful Jul 9 2009, 3:02pm

 
 
 

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