The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

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  • The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

    A blip... I'll repost in a minute below. Something went awry when I edited to add another link.
    Last edited by sc111; 11-27-2010, 02:26 PM.
    Advice from writer, Kelly Sue DeConnick. "Try this: if you can replace your female character with a sexy lamp and the story still basically works, maybe you need another draft.-

  • #2
    Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

    Yes, it is odd, but I'm not sure talking about it here will do any good. Fox is after the person who leaked the script(s), and they figure PJ can point them in the right direction. They're wrong, but they don't give a sh$t.

    From Fox's point of view, it's a win-win. They strike fear into the screenwriting community and whomever leaked scripts, and if they can get information from PJ, that's gravy. PJ's name was attached to one of the largest online databases of scripts, and she used her real name.

    That's all there is to it. Anything else is paranoia and making hay where there is none. Quite frankly the more said about it, the more likely it can be used AGAINST PJ so...

    HH

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    • #3
      Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

      Originally posted by haroldhecuba View Post
      That's all there is to it. Anything else is paranoia and making hay where there is none. Quite frankly the more said about it, the more likely it can be used AGAINST PJ so...

      HH
      How so? What else can they do to her?
      Brown-Balled by the Hollywood Clika

      Latino Heart Project's MEXICAN HEART...ATTACK!

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      • #4
        Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

        Originally posted by umo View Post
        How so? What else can they do to her?
        It's not just her, though, umo. Up to 10 other people could be added to this lawsuit, any of whom could be members of Done Deal.

        INT. PINEAPPLE - DAY


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        • #5
          Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

          Critical review is a fair dealing, that's why Fox hasn't/doesn't sue anyone that writes a review containing spoilers or extracts, which I believe the majority of the links in the OP are.

          My guess about why they decided to sue PJ/Limama is that she's the most public and easily identifiable presence who makes scripts available. It's copyright infringement plain and simple. We've all done it, and Fox is under no obligation to sue everyone or no-one. They can pick the defendant. Best practice would be to send a cease and desist letter but as far as I'm aware there's no legal obligation to do so before commencing proceedings.

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          • #6
            Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

            Originally posted by sc111
            Why did Fox's Law Firm choose to skip serving PJ with the same cease and desist letter they sent others and instead bring a lawsuit against her?
            Don't know if they did or not but it wouldn't surprise me if they didn't. I don't think they are interested in simply having her take the script down. They've found someone to make an example out of and they will likely mercilessly go after her to show others what can happen if they do similarly.

            Originally posted by sc111
            Why did they choose to sue a low-profile individual who keeps a Script Library in a Media Fire Account?
            She isn't low-profile. She is very well-known in the script trading community. The rest of the answer to this is in the next question.

            Originally posted by sc111
            Why did they decide AGAINST suing the high-profile, revenue-generating websites which not only linked the DEADPOOL script, but published spoilers about it which remain online today?
            I can only speculate but here's here's what I think: There's a couple things that have to be kept in mind: 1) Fox isn't after money (they aren't going to make any here); they are simply interested in destroying someone to make a point, so, 2) this is for principle (and of course to stop people from trading this script) than it is for anything else.

            So why go after someone who is well-known and well-like within *this* community rather than a well-known website?

            First, this community is the specific target Fox wants this lawsuit to affect. They aren't concerned about the fans that download one or two scripts for some film released last year because they were a fan of that particular movie. Fox wants to affect those who trade scripts regularly and who have access to scripts for unreleased films.

            The effect of going after a real person, who is not a faceless website, who in many ways reflects much of many of us on these boards is going to make the effect of this lawsuit so much more fear-inducing than it ever would be if it was just "corporation vs. corporation." The defendant is "one of us." And could have been anyone of us. Or at least that is the effect that this type of lawsuit is trying to have and drive home by picking someone like PJ.

            Of course, everything I've just said is only relevant IF they chose not to sue other websites, which they may do. Nothing would prevent that from happening.

            That's my take on it, for what's it's worth.

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            • #7
              Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

              If Fox doesn't want people from trading their scripts then they should stop their employees from leaking them. If law enforcement agencies had the same policy they would be busting users for small quantities of drugs and ignoring the suppliers. Except in this case the supplier is the law enforcement agency.

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              • #8
                Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                There are some very interesting issues here.

                For a start, it has been publicly acknowledged that many details are 'leaked' online deliberately as part of a marketing campaign. During the Viacom .v. Youtube lawsuit Viacom admitted that they did exactly this.

                So when an individual is given a script (or other titbit) on the understanding that it should be made public .. how does the individual know if it is an approved/semi-approved part of the marketing effort or if they'll end up being sued without warning for millions?

                Mac
                New blogposts:
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                • #9
                  Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                  Originally posted by blue439 View Post
                  If Fox doesn't want people from trading their scripts then they should stop their employees from leaking them. If law enforcement agencies had the same policy they would be busting users for small quantities of drugs and ignoring the suppliers. Except in this case the supplier is the law enforcement agency.
                  It's not necessarily Fox employees who are doing the leaking. Scripts are sent to agents to send to to their clients, assistants get them...


                  To be 100% clear again - sucks that this is PJ. She's awesome.

                  But I get it why they did this instead of sending another C&D letter. Because C&D letters are a game of whack a mole. Website gets C&D letter. Takes down script. Puts up next one. Gets C&D letter. Wash, rinse, repeat.

                  And I understand the instinct for people to blog this, repost it, urge others to get the word out and rally people to PJ's cause... But that is exactly what Fox wants. Everyone who's running around spreading the word is playing right into their hands. Nikki Finke runs with it? What a coup. In a week or two, every screenwriter who trades scripts will know that someone just got hit with a fifteen million dollar lawsuit for doing so, out of the blue, no warning.

                  And that's all they want.

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                  • #10
                    Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                    Originally posted by Mac H. View Post
                    There are some very interesting issues here.

                    For a start, it has been publicly acknowledged that many details are 'leaked' online deliberately as part of a marketing campaign. During the Viacom .v. Youtube lawsuit Viacom admitted that they did exactly this.

                    Mac
                    This has been going on for a long time. Hence, the success of movies like THE BLAIR WITCH PROJECT and PARANORMAL ACTIVITY. All hype, zero substance.

                    Not to get off on a tangent, but damn people, PARANORMAL ACTIVITY? The only thing worse was PARANORMAL ACTIVITY TWO. Was plot point one when the guy in the pool said in passing "We may have a ghost."

                    Have horror movies gotten so bad that this is somehow acceptable by the masses?

                    I guess by the box office numbers... sadly true.

                    Jeff Shurtleff
                    "Some men see things the way they are and say why? I see things that never were and say, why not?"

                    http://www.facebook.com/profile.php?...4669871&v=info

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                    • #11
                      Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                      Originally posted by JeffLowell View Post
                      It's not necessarily Fox employees who are doing the leaking. Scripts are sent to agents to send to to their clients, assistants get them...


                      To be 100% clear again - sucks that this is PJ. She's awesome.

                      But I get it why they did this instead of sending another C&D letter. Because C&D letters are a game of whack a mole. Website gets C&D letter. Takes down script. Puts up next one. Gets C&D letter. Wash, rinse, repeat.

                      And I understand the instinct for people to blog this, repost it, urge others to get the word out and rally people to PJ's cause... But that is exactly what Fox wants. Everyone who's running around spreading the word is playing right into their hands. Nikki Finke runs with it? What a coup. In a week or two, every screenwriter who trades scripts will know that someone just got hit with a fifteen million dollar lawsuit for doing so, out of the blue, no warning.

                      And that's all they want.

                      Yes -- I'm sure that's what they want. No doubt in my mind that's why the NY Post, owned by the same Fox parent company, showed up on her doorstep the day after she was served. Coincidence? I don't think so. No other paper has contacted her.

                      But she still needs to defend herself. She's still burdened by the legal costs.

                      So what are her options - lay low, deal with this alone, to deny Fox the press they seek?

                      Honestly -- I have only one goal, to help her raise money for her defense and hopefully attract a lawyer who will want the PR a landmark case will garner.

                      I personally don't trade scripts. But the lawsuit includes scripts to many produced films - some 10-15 years old - if this case sets precedent, anyone who ever wants to read a produced script for learning purposes - let's say - Lethal Weapon - will be breaking copyright law. If people don't think that's kosher, they should donate to PJs fund because this is going to be the test case. (Paypal: [email protected] )

                      As for Nikki Finke, et al ... Fox can leak it to her whenever they want to strike fear in the industry.
                      Advice from writer, Kelly Sue DeConnick. "Try this: if you can replace your female character with a sexy lamp and the story still basically works, maybe you need another draft.-

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                      • #12
                        Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                        Does anyone really think that Fox is concerned about the actual source of the leak? As far as I can remember, they were never that concerned about who leaked the workprint of WOLVERINE, just in suing some schmuck who torrented it.

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                        • #13
                          Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                          Originally posted by sc111 View Post
                          But the lawsuit includes scripts to many produced films - some 10-15 years old - if this case sets precedent, anyone who ever wants to read a produced script for learning purposes - let's say - Lethal Weapon - will be breaking copyright law
                          Again, I think this is really the heart of the lawsuit. With Iphones, Droids, Blackberrys, Tablets, I Pads, and other digital devices all having the ability to read E-books, Fox is just trying make an example of someone and let everyone know that if you want to read the script "JAWS", you're going to pay for it.
                          "Some men see things the way they are and say why? I see things that never were and say, why not?"

                          http://www.facebook.com/profile.php?...4669871&v=info

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                          • #14
                            Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                            As anyone can see I hardly ever post in this specific sub-forum. But I recall when the John August/Scriptshadow debate exploded on Done Deal, I found it odd that some members were villifying Scriptshadow and at the same time, some of the same posters, were rationalizing that what goes on in this sub-forum is "... not the same. Not a problem. Don't worry about it."

                            I also recall posting about my concerns and I was told no one cares about individuals collecting scripts. I was told studios are only concerned about bad reviews of scripts in production, reviews like the ones Scriptshadow does. And it's sad that this community - especially the folks who frequent this subforum - created a false sense of security for someone like Limama.

                            And now she's in the crosshairs of a mega-corp looking to use her as a warning to others. Like putting her head on a stick at the gates of the electronic frontier - BEWARE.

                            She needs help now - donate!
                            Advice from writer, Kelly Sue DeConnick. "Try this: if you can replace your female character with a sexy lamp and the story still basically works, maybe you need another draft.-

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                            • #15
                              Re: The FOX Script Trading Lawsuit against one of our own: PJ McIlvaine

                              i wouldn't hire a lawyer. they can't get what i don't have and i don't have $15 million. put all her assets (her home, her car, her children) in someone else's (not legally related to her) name.

                              i'd just show up to court and say, "what?"

                              or do what the salahi's did (they're the couple that crashed the white house state dinner) and just take the 5th. they're not in prison and have never been charged with a crime even though what they did was criminal.

                              but that's just me.

                              sorry limama, you were a great "educational" source and we all loved you for it.

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