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	<title>Comments on: Harlan Ellison Sues Paramount &#8211; Alleges Unpaid Merchandising Royalties</title>
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		<title>By: frelnc</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-2214069</link>
		<dc:creator>frelnc</dc:creator>
		<pubDate>Sat, 26 Sep 2009 16:07:07 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-2214069</guid>
		<description>A contract is a contract.  He should get paid.  

That said, however, Ellison typifies the very worst &quot;writer as arrogant boor&quot; of the genre.  He&#039;s petulant, deeply self-involved, arrogant, a flagrant misogynist and a bully.  

He&#039;s also a master of his craft.  Since his very young years and his brilliant first novels there&#039;s never been a question that he&#039;s one of the best.  At writing.  

As a human being, however, he leaves much to be desired.  He&#039;s an egomaniac who talks down to and about fans, is grossly inappropriate in his behavior toward women, and sees himself as the be-all and end-all of the craft.  Not so.  There are many others writers in the genre whose work is on a par with and in fact may eclipse his.

His willingness to take on the powers that be may well help other writers in the end, but don&#039;t be too quick to applaud him.  With Ellison you can be certain that altruism was low on his list of priorities when he began his crusade - and in fact the impact on his fellow writers almost certainly was not a motivator.  This isn&#039;t about fairness across the board, nor about breaking new ground in writer&#039;s rights.  Like Ellison himself said - &quot;it&#039;s about the money.&quot;  Take the man at his word.</description>
		<content:encoded><![CDATA[<p>A contract is a contract.  He should get paid.  </p>
<p>That said, however, Ellison typifies the very worst &#8220;writer as arrogant boor&#8221; of the genre.  He&#8217;s petulant, deeply self-involved, arrogant, a flagrant misogynist and a bully.  </p>
<p>He&#8217;s also a master of his craft.  Since his very young years and his brilliant first novels there&#8217;s never been a question that he&#8217;s one of the best.  At writing.  </p>
<p>As a human being, however, he leaves much to be desired.  He&#8217;s an egomaniac who talks down to and about fans, is grossly inappropriate in his behavior toward women, and sees himself as the be-all and end-all of the craft.  Not so.  There are many others writers in the genre whose work is on a par with and in fact may eclipse his.</p>
<p>His willingness to take on the powers that be may well help other writers in the end, but don&#8217;t be too quick to applaud him.  With Ellison you can be certain that altruism was low on his list of priorities when he began his crusade &#8211; and in fact the impact on his fellow writers almost certainly was not a motivator.  This isn&#8217;t about fairness across the board, nor about breaking new ground in writer&#8217;s rights.  Like Ellison himself said &#8211; &#8220;it&#8217;s about the money.&#8221;  Take the man at his word.</p>
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		<title>By: Consumer</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-2179880</link>
		<dc:creator>Consumer</dc:creator>
		<pubDate>Sun, 06 Sep 2009 08:44:47 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-2179880</guid>
		<description>It seems difficult to argue that the studio does not have both means and motive to use high legal transaction costs to prevent Coasian bargaining and thereby externalize a plaugarism cost onto writers (one can find extensive work on this general topic beginning with the foundational article by economist Ronald Coase - 1960). 

-&gt;So what else may be done?

1) Some have alleged that there exists a class of writers who hold contracts similar to H.E.&#039;s contract herein discussed.

2) Further, it has been posited that a verdict in favor of H.E. would set legal precedent(s) that would increase the probable value of the entire class of contracts.

If the above 2 points are true, then it would seem reasonable for the entire group of similarly contracted authors (or any subset of them) to form a class and launch a class action suit against their contractual counterpart(y/ies).

Such a class action suit might benefit the group and be more attractive to potentially allied law firms because the broader variety of claimants and plaintiff-evidences might mitigate the risk of an unprofitable ruling.  The value proposition of revenue-sharing from such a class might even entice law firms to bid for the opportunity to represent the class.

The primary drawback might be that studios would have an enhanced incentive to collude in an attempt to defeat the class and thereby fix writing prices in a monopsonistic manner.  Despite that incentive such an attempt by studios might appear anti-competitive (ergo illegal), hence somewhat unlikely to be overtly manifested.


-&gt;What might the results be?

If such a class action were to meet with success in court or the court of public opinion: Circumstances appear to suggest that the net effect would be a more efficient Coasian outcome that would prevent externalization of plaugarism costs by studios.

-&gt;Who would ultimately pay?

Given that demand for movies (i.e. luxury goods) is relatively elastic, one would expect the studios (and not the moviegoing public) to bear most of the cost(s) in the form of reduced profit margins.</description>
		<content:encoded><![CDATA[<p>It seems difficult to argue that the studio does not have both means and motive to use high legal transaction costs to prevent Coasian bargaining and thereby externalize a plaugarism cost onto writers (one can find extensive work on this general topic beginning with the foundational article by economist Ronald Coase &#8211; 1960). </p>
<p>-&gt;So what else may be done?</p>
<p>1) Some have alleged that there exists a class of writers who hold contracts similar to H.E.&#8217;s contract herein discussed.</p>
<p>2) Further, it has been posited that a verdict in favor of H.E. would set legal precedent(s) that would increase the probable value of the entire class of contracts.</p>
<p>If the above 2 points are true, then it would seem reasonable for the entire group of similarly contracted authors (or any subset of them) to form a class and launch a class action suit against their contractual counterpart(y/ies).</p>
<p>Such a class action suit might benefit the group and be more attractive to potentially allied law firms because the broader variety of claimants and plaintiff-evidences might mitigate the risk of an unprofitable ruling.  The value proposition of revenue-sharing from such a class might even entice law firms to bid for the opportunity to represent the class.</p>
<p>The primary drawback might be that studios would have an enhanced incentive to collude in an attempt to defeat the class and thereby fix writing prices in a monopsonistic manner.  Despite that incentive such an attempt by studios might appear anti-competitive (ergo illegal), hence somewhat unlikely to be overtly manifested.</p>
<p>-&gt;What might the results be?</p>
<p>If such a class action were to meet with success in court or the court of public opinion: Circumstances appear to suggest that the net effect would be a more efficient Coasian outcome that would prevent externalization of plaugarism costs by studios.</p>
<p>-&gt;Who would ultimately pay?</p>
<p>Given that demand for movies (i.e. luxury goods) is relatively elastic, one would expect the studios (and not the moviegoing public) to bear most of the cost(s) in the form of reduced profit margins.</p>
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		<title>By: Harlan Who?</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1987965</link>
		<dc:creator>Harlan Who?</dc:creator>
		<pubDate>Sat, 04 Jul 2009 01:10:44 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1987965</guid>
		<description>271 - &quot;It pains me greatly to see science fiction fans attacking science fiction authors.&quot;

Perhaps you should read comments Ellison has made about Star trek fans. I seriously doubt he cares what we think of him.</description>
		<content:encoded><![CDATA[<p>271 &#8211; &#8220;It pains me greatly to see science fiction fans attacking science fiction authors.&#8221;</p>
<p>Perhaps you should read comments Ellison has made about Star trek fans. I seriously doubt he cares what we think of him.</p>
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		<title>By: Tribbles creator David Gerrold calls on Trek fans to support Harlan Ellison lawsuit &#124; SpaceChannel.TV &#124; Blog</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1656975</link>
		<dc:creator>Tribbles creator David Gerrold calls on Trek fans to support Harlan Ellison lawsuit &#124; SpaceChannel.TV &#124; Blog</dc:creator>
		<pubDate>Wed, 25 Mar 2009 15:36:08 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1656975</guid>
		<description>[...] Star Trek&#039;s most popular episodes, &quot;The Trouble with Tribbles,&quot; made multiple posts this week at http://trekmovie.com/ coming to the defense of Harlan Ellison, who has taken some Internet heat recently due to his [...]</description>
		<content:encoded><![CDATA[<p>[...] Star Trek&#8217;s most popular episodes, &#8220;The Trouble with Tribbles,&#8221; made multiple posts this week at <a href="http://trekmovie.com/" rel="nofollow">http://trekmovie.com/</a> coming to the defense of Harlan Ellison, who has taken some Internet heat recently due to his [...]</p>
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		<title>By: David</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1649745</link>
		<dc:creator>David</dc:creator>
		<pubDate>Mon, 23 Mar 2009 02:36:25 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1649745</guid>
		<description>From Ellison&#039;s lawsuit;
&quot;26. The WGA told Ellison that the WGA’s own, alleged internal
interpretation of the terms of the WGA narrowly restrict the use of the broad
term publication rights in the MBA only to those circumstances where the
Producers make a virtual word-for-word replication of the teleplay.&quot;
  
 As far as I know ,the WGA has not made any statement concerning Ellison&#039;s lawsuit.</description>
		<content:encoded><![CDATA[<p>From Ellison&#8217;s lawsuit;<br />
&#8220;26. The WGA told Ellison that the WGA’s own, alleged internal<br />
interpretation of the terms of the WGA narrowly restrict the use of the broad<br />
term publication rights in the MBA only to those circumstances where the<br />
Producers make a virtual word-for-word replication of the teleplay.&#8221;</p>
<p> As far as I know ,the WGA has not made any statement concerning Ellison&#8217;s lawsuit.</p>
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		<title>By: Sage Wiseman</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1648911</link>
		<dc:creator>Sage Wiseman</dc:creator>
		<pubDate>Sun, 22 Mar 2009 21:13:02 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1648911</guid>
		<description>Has the WGA made a public statement anent Ellison&#039;s claim? If not, how can you say that the WGA feels Ellison is interpreting the contract too broadly.</description>
		<content:encoded><![CDATA[<p>Has the WGA made a public statement anent Ellison&#8217;s claim? If not, how can you say that the WGA feels Ellison is interpreting the contract too broadly.</p>
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		<title>By: David</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1642776</link>
		<dc:creator>David</dc:creator>
		<pubDate>Fri, 20 Mar 2009 06:12:08 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1642776</guid>
		<description>Considering that the WGA feels that Ellison is  Interpreting the contract too broadly, can anyone site one precedent to back up his claim?</description>
		<content:encoded><![CDATA[<p>Considering that the WGA feels that Ellison is  Interpreting the contract too broadly, can anyone site one precedent to back up his claim?</p>
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		<title>By: Capes</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1642295</link>
		<dc:creator>Capes</dc:creator>
		<pubDate>Fri, 20 Mar 2009 03:03:16 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1642295</guid>
		<description>#377

Anthony, I have enjoyed taking part in this thread, but maybe it&#039;s time to shut it down. I don&#039;t think there is anything positive left to be gained on this topic. Just my opinion. Thanks.

John Capes</description>
		<content:encoded><![CDATA[<p>#377</p>
<p>Anthony, I have enjoyed taking part in this thread, but maybe it&#8217;s time to shut it down. I don&#8217;t think there is anything positive left to be gained on this topic. Just my opinion. Thanks.</p>
<p>John Capes</p>
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		<title>By: Paul B.</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1641246</link>
		<dc:creator>Paul B.</dc:creator>
		<pubDate>Thu, 19 Mar 2009 18:04:22 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1641246</guid>
		<description>379 -- Thanks for providing the link to the story about the accused child molester. And yes, it makes a difference when someone is only accused as opposed to convicted--at least it does in the America where I live.

Kramer, the accused, has been under house arrest since 2000, and the case is finally going to trial this May. So, an accused man has been under arrest for NINE YEARS without a trial--and you think that&#039;s okay? 

You think it&#039;s wrong for Ellison, a friend of Kramer&#039;s for 30 years, to defend the man? I don&#039;t get it...

This idea that an accusation is enough to condemn a person goes against everything the American legal system is built upon. The same goes for your dismissal of Blake&#039;s acquittal; that&#039;s the way the system works. Innocent until PROVEN guilty. 

I fail to see how it&#039;s wrong for someone to defend a person they believe is innocent.  I guess you don&#039;t like the fact that Americans are guaranteed a jury trial, legal defense, and the right to face their accusers--after all, defending an accused person is wrong, isn&#039;t it?</description>
		<content:encoded><![CDATA[<p>379 &#8212; Thanks for providing the link to the story about the accused child molester. And yes, it makes a difference when someone is only accused as opposed to convicted&#8211;at least it does in the America where I live.</p>
<p>Kramer, the accused, has been under house arrest since 2000, and the case is finally going to trial this May. So, an accused man has been under arrest for NINE YEARS without a trial&#8211;and you think that&#8217;s okay? </p>
<p>You think it&#8217;s wrong for Ellison, a friend of Kramer&#8217;s for 30 years, to defend the man? I don&#8217;t get it&#8230;</p>
<p>This idea that an accusation is enough to condemn a person goes against everything the American legal system is built upon. The same goes for your dismissal of Blake&#8217;s acquittal; that&#8217;s the way the system works. Innocent until PROVEN guilty. </p>
<p>I fail to see how it&#8217;s wrong for someone to defend a person they believe is innocent.  I guess you don&#8217;t like the fact that Americans are guaranteed a jury trial, legal defense, and the right to face their accusers&#8211;after all, defending an accused person is wrong, isn&#8217;t it?</p>
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		<title>By: Lobster Johnson</title>
		<link>http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/comment-page-8/#comment-1641233</link>
		<dc:creator>Lobster Johnson</dc:creator>
		<pubDate>Thu, 19 Mar 2009 17:49:20 +0000</pubDate>
		<guid isPermaLink="false">http://trekmovie.com/2009/03/15/harlan-ellison-sues-paramount-alleges-unpaid-merchandising-royalties/#comment-1641233</guid>
		<description>372: My interest was piqued by Mulan&#039;s claims so, not being a lazy bones, I did a little spelunking on the interwebs all by myself. Turns out  Mulan was right about the child molester. Sorry, &quot;accused&quot; child molester.

http://atlanta.creativeloafing.com/gyrobase/the_wizard_of_dragon_con_stands_trial/Content?oid=7799 

Yeah, and Robert Blake was &quot;acquitted&quot;. Just like Michael Jackson and OJ (the first time). That doesn&#039;t make anyone defending them less wrong.</description>
		<content:encoded><![CDATA[<p>372: My interest was piqued by Mulan&#8217;s claims so, not being a lazy bones, I did a little spelunking on the interwebs all by myself. Turns out  Mulan was right about the child molester. Sorry, &#8220;accused&#8221; child molester.</p>
<p><a href="http://atlanta.creativeloafing.com/gyrobase/the_wizard_of_dragon_con_stands_trial/Content?oid=7799" rel="nofollow">http://atlanta.creativeloafing.com/gyrobase/the_wizard_of_dragon_con_stands_trial/Content?oid=7799</a> </p>
<p>Yeah, and Robert Blake was &#8220;acquitted&#8221;. Just like Michael Jackson and OJ (the first time). That doesn&#8217;t make anyone defending them less wrong.</p>
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