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Voronwë_the_Faithful
Doriath
Feb 6 2013, 7:01pm
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Lawsuit update
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Here is an update on the situation with the lawsuit filed by the Tolkien Estate and Harper Collins against Saul Zaentz and Company, and Warner Brothers/New Line. Zaentz and WB have responded to the lawsuit by, in addition to denying the allegations, filing counterclaims for declaratory relief and for damages for breach of the implied covenant of good faith and fair dealing inherent in all contracts under U.S. law. I have had a chance to review these documents, and I have to say that it appears that they have a pretty compelling case as the issue of online games (perhaps not so much with the slot machine issue). They cite correspondence going back to 1996 in which with Harper Collins and the Estate's attorney concede that Zaentz has the right to online video games based on The Hobbit and The Lord of the Rings. Perhaps most interesting, they cite a September 2010 "regrant" agreement in which the Estate confirms the rights held by Zaentz, and licenced to Warners/New Line. That must be the agreement that was referred to in Entertainment Weekly back in October 2010, in which Jackson was quoted as saying that one of the issues causing the delay was negotiations with the Estate over rights issues. I think it is likely that I will get a chance to see that agreement (as well as the other documentation that Zaentz and Warners say they have) over the course of the lawsuit, if it reaches the point that motions for summary judgment are filed. It is, of course, possibly that Zaentz and WB are misrepresenting the history and that the true facts will support the position of the Estate and Harper Collins, but right now it looks to me like they are on pretty shaky legal grounds.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
The Hall of Fire
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elevorn
Menegroth
Feb 6 2013, 7:05pm
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would this mean anything for further movie production?//
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"clever hobbits to climb so high!"
Check out my writing www.jdstudios.wordpress.com
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Voronwë_the_Faithful
Doriath
Feb 6 2013, 7:14pm
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Unlike the previous lawsuit, the Tolkien Estate plaintiffs are not asserting that they have the right to revoke the grant of film rights previously sold, so this lawsuit will not affect the production of the Hobbit films (or future films based on LotR or The Hobbit); it is purely about what other rights were sold, particularly rights to things like Middle-earth slot machines and online games (such as LOTRO). I suppose it is possible that a continue rancorous litigation could solidify opposition on the part of Estate representatives to selling additional rights to other material (Silmarillion, UT, CoH, etc.). But that opposition is already so strong, that "solidifying" it shouldn't have much effect.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
The Hall of Fire
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elevorn
Menegroth
Feb 6 2013, 7:36pm
Post #4 of 15
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right, none of that would ever be done in Christopher's lifetime anyway
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"clever hobbits to climb so high!"
Check out my writing www.jdstudios.wordpress.com
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Otaku-sempai
Elvenhome
Feb 6 2013, 9:55pm
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The Early Adventures of Aragorn?
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I'm really starting to see the possibility of a movie about Aragorn's early years: his early adventures as 'Estel' with the sons of Elrond, his first encounter with Arwen, and his discovery of his heritage leading up to his period of "great journeys and errantries." Just that, alone, could probably be split into two or more films. Aragorn's first encounter at age twenty-five with Gandalf the Grey could end the first film, with his adventures in Rohan, Gondor and other lands to follow.
'There are older and fouler things than Orcs in the deep places of the world.' - Gandalf the Grey, The Fellowship of the Ring
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IdrilofGondolin
Nargothrond
Feb 7 2013, 1:37am
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Last Spring I taught an Oral Interpretation of Literature class on Tolkien. The last performance was an hour long reading titled "The Saga of Aragorn Arathorn's Son." We took all the materials from all possible places and tied them together to tell all of Aragorn's Story. We had such a wonderful time. Tolkien loved this story and had his own idea bout putting it together.
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Kassandros
Nargothrond
Feb 7 2013, 2:48am
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I've heard that Disney is thinking of doing this one.
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Once The Hobbit trilogy is done, I believe the rights to make additional movies will be sold to Disney. I think they are definitely interested in this!
all we have to decide is what to do with the time that is given us...
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Otaku-sempai
Elvenhome
Feb 7 2013, 5:23am
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Once The Hobbit trilogy is done, I believe the rights to make additional movies will be sold to Disney. I think they are definitely interested in this!
I'm not necessarily advocating or supporting the idea. However, the fact remains that TSZ Co. does possess the rights to produce derivative works from both TH and LotR. This probably is not the worst way that they could go and it could probably be done with respect towards Prof. Tolkien and his original works.
'There are older and fouler things than Orcs in the deep places of the world.' - Gandalf the Grey, The Fellowship of the Ring
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Kassandros
Nargothrond
Feb 7 2013, 4:45pm
Post #9 of 15
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I wasn't making fun of your post.
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Just having some fun in general. 
Personally, I would very much like for Disney to remain as far away as possible from Middle Earth.
all we have to decide is what to do with the time that is given us...
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Eowyn3
Ossiriand
Feb 7 2013, 4:50pm
Post #10 of 15
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Please keep Disney faraway from Tolkien's works
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I like Disney just fine, and they make good and entertaining movies. However, Disney and Tolkien don't mix.
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Otaku-sempai
Elvenhome
Feb 7 2013, 4:52pm
Post #11 of 15
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I believe you. Although, I did think that you were at least giving me a gentle ribbing. I know that some folks despise the idea of spin-off films such as I suggested (often for good reason!).
'There are older and fouler things than Orcs in the deep places of the world.' - Gandalf the Grey, The Fellowship of the Ring
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Kassandros
Nargothrond
Feb 7 2013, 4:59pm
Post #12 of 15
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Just sounded like the Star Wars spinoff films is all.
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In general, I don't think it'd be a great idea to do such a movie, but I wasn't really trying to mock the idea. Just thought the comparison to the treatmeant of the Star Wars movies was funny.
I would love a Galadriel in the First Age / Silmarillion movie if done well, but, of course, the rights for that are not available. I'm just a bit smitten with Blanchett's Galadriel and would be fascinated to see her take on younger Galadriel. I think Blanchett is ageless enough to pull it off right now, but probably not in five or ten years, so it's kind of a hopeless cause, but I shall still imagine it in my head.
The appendicies material is far more likely since the rights are available, but I'm not too fascinated by the potential stories.
all we have to decide is what to do with the time that is given us...
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Loresilme
Doriath
Feb 8 2013, 1:07am
Post #13 of 15
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Could it have any impact on LOTRO?
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LOTRO is a well-established game now with a very large player base. What bearing does the lawsuit have on it - i.e., what are the estate's goals? To have a share of the financial pie of LOTRO, or to shut the game down, or ? Something else?
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Súlimë
Ossiriand
Feb 8 2013, 2:08am
Post #14 of 15
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I secretly would like to see it, but since most of the material will have to be created by someone rather than Tolkien (and especially if they cannot use anything outside the LotR and Hobbit text), I'm quite dreading how bad it could all turn out
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Voronwë_the_Faithful
Doriath
Feb 8 2013, 2:18am
Post #15 of 15
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in theory, it definitely could be affected
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But I really don't know whether they would try to shut it down.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
The Hall of Fire
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