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Matt Hawes
Byrne Robotics Member
Joined: 16 April 2004
Location: United States
Posts: 16464
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| Posted: 11 June 2013 at 11:57am | IP Logged | 1
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Here's the scoop:
Click
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Luke Styer
Byrne Robotics Member
Joined: 20 April 2004
Location: United States
Posts: 1515
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| Posted: 11 June 2013 at 12:42pm | IP Logged | 2
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I read the opinion, as linked in the article, and all it does is revive the case. Granting that the opinion construes all disputes of fact in the light most favorable to the party who didn't move for summary judgment, it looks like the agreement on which summary judgment was granted was pretty ambiguous.
On the other hand (and this time based on a portion of the opinion in which facts were construed against Friedrich), it also looks like Marvel has some pretty decent arguments to throw at Friedrich should this case actually end up in front of a jury.
Just having the case reinstated, though, might lead to some kind of settlement.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005
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| Posted: 11 June 2013 at 2:24pm | IP Logged | 3
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As big a supporter as I am of creator's rights, it's very hard to make a case for Ghost Rider being a completely original character, created solely by Freidrich. Marvel already had a Ghost Rider, and a good case could be made for the motorcycle riding demon being nothing but a modernization (and literalization) of the original Western character.That's how I'd read it, anyway.
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Brian Peck
Byrne Robotics Member
Joined: 16 April 2004
Location: United States
Posts: 1709
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| Posted: 11 June 2013 at 3:01pm | IP Logged | 4
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Isn't this just another work for hire case like Kirby and Marv Wolfman, both
lost in court?
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Ted Pugliese
Byrne Robotics Member
Joined: 05 December 2005
Location: United States
Posts: 7984
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| Posted: 11 June 2013 at 6:38pm | IP Logged | 5
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I agree with John. A good case could be made. In fact, I
always saw it this way.
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Brian Hague
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Joined: 14 November 2006
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| Posted: 11 June 2013 at 6:54pm | IP Logged | 6
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Much like the use of "Puck" as a name, the term "Ghost Rider" pre-dates Marvel's usage of it. A counter argument could be that the character references the common use term rather than his Marvel Comics western forebear. Does this make it a hu-uge coinidink then that two unrelated Ghost Riders wound up at Marvel? Not if Marvel bought Friedrich's with the idea of tying the two together at some point. Not that I can say for certain either way, or care to take sides, but the argument can be made.
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Brad Hague
Byrne Robotics Member
Joined: 19 December 2006
Location: United States
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| Posted: 11 June 2013 at 7:02pm | IP Logged | 7
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Now that Ghost Rider is no longer "super hot", in fact I do not believe he even has his own title at the moment, why does this guy even care anymore? Did Marvel purposely tank Ghost Rider so that the property has much less value in case they lost?
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Jason Mark Hickok
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Joined: 08 February 2009
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| Posted: 11 June 2013 at 7:27pm | IP Logged | 8
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I wouldn't think Marvel would be tanking a property in which they just
got the movie rights back. I would assume it would be quite the
opposite. This is a character that needs to be built up for the movie
relaunch!
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Brian Peck
Byrne Robotics Member
Joined: 16 April 2004
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| Posted: 11 June 2013 at 7:29pm | IP Logged | 9
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Brad,
Because he owes Marvel $17K (or something like that) since he has been
selling prints and other items with the Ghost Rider image on it and not
paying Marvel who considers themselves the rightful owner of the character.
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John Byrne
Grumpy Old Guy
Joined: 11 May 2005
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| Posted: 11 June 2013 at 8:24pm | IP Logged | 10
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Did Marvel purposely tank Ghost Rider...?••• Yes, and White Star Lines deliberately sank the Titanic as an insurance scam.
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Greg McPhee
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Joined: 25 August 2004
Location: United Kingdom
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| Posted: 12 June 2013 at 12:01pm | IP Logged | 11
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Ian't this a contentious issue. There are the stories about how much Gary Friedrich created the character and how much Roy Thomas and Mike Ploog contributed.
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Brad Wilders
Byrne Robotics Member
Joined: 15 December 2008
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| Posted: 12 June 2013 at 12:06pm | IP Logged | 12
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Yes, if you read the Second Circuit opinion, the dispute over who created what parts of the character, and most importantly when, is central to the case. Because Friedrich gives one version of events and Marvel's witnesses another, a jury has to decide who to believe.
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Topic Closed)
