Re: Another recaster, and i think this time, I'm done..
That email from the lawyer could be fake but using the name of Marvel's real lawyer. That'd be icing on the cake as wouldn't it be ID theft?
Kind of what I was thinking. Several reasons.
1) Tracking down a lawyer that represents Marvel online. Not what I would hire Matlock for.
2) A lawyer that actually (apparently) referenced DC works when he is a representative of Marvel? Seriously? That is the absolute LAST THING a lawyer representing Marvel would ever do. It creates liability,
especially in an email. But I'll get to that.
3) Emails may be used as evidence (legal documentation) with corroboration (proof of origin, etc) in court. Can C&Ds get sent via email? Yes, definitely so. But I also get spammed for Viagra and Bed Bath and Beyond everyday, and I haven't pissed either of those groups off.
4) Who (outside of Dave) has actually talked to Pan/Marvel/Lawyer (see what I just did there)? First of all, Marvel is
billions of dollars by now, through rights and representation. You will
never, I repeat
neverevevervevrvevrrer get a lawyer to call you back, much less get him on your complaint call. Are you kidding me? I live in a town of 2000 people. I still have to deal with Greta for 20 minutes before I get my lawyer,
who I am paying.
5) And the last. A C&D is what you get before court action is taken. So 2 options here.
1) Dave was served a legitimate C&D, and he's chosen to (quite obviously) keep marketing in places that a trained chimp with internet access could find. If so, OK. A C&D is issued to an entity or an individual. He can definitely pursue sales under other guises. But seriously? A Cease and Desist is only enforceable by the court anyways. And let's not forget, a C&D is exactly what it sounds like: It is a request (or order) to halt activity and
also not pursue that activity at a later date (hence desist). A C&D is what you get
before you are taken to court, it's a shot across the bow. Going under other guises and names (especially with the amazing transparency shown here if accurate) is really.... just..... stupid....
2) Dave is full of ****. Dave has not talked to Pan, or anyone else. Did Dave did get an email, or some kind of contact from someone portraying themselves as a Marvel rep? OK. Who cares?
In the end, he stole RMX's work. He also did not follow through with a lot of sales. He
also said that he would be busy anyways until after Halloween, I'm remembering that, right?
So..... Everybody come to your own conclusions. I don't think I stretched
at all on anything I said above, but hey I've been wrong more than a couple times. But this debacle pissed me off enough that I swore
twice above and didn't edit it out (sorry RPF mods, it added 'weight' though, you know? I will C&D from now on
)
edit-the automated RPF gurus already took my swearing out----
