Hello everyone,
I imagine some of you heard late last year that the Estate was involved in legal action against Warner Bros. and Saul Zaentz Co. regarding the production of
The Lord of the Rings-themed digital products, with the particular sore point apparently being gambling machines. Well apparently Zaentz et al have decided to respond in kind, issuing a counterclaim of their own:
http://www.wired.com/underwire/2013/...slot-machines/
http://www.icv2.com/articles/news/24963.html
Now normally I'd consider this to be part of the regular back-and-forth that might happen in these kinds of situations. What's particularly egregious about it, however, is this assertion from Zaentz Co. (quoted from the ICv2 article):
Quote:
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"Zaentz admits that The Lord of the Rings and The Hobbit (and associated and proprietary characters, elements and markes) are among the most famous and valuable marks in the world," the response said, "and that an excellent reputation and highly valuable goodwill has been developed... Zaentz denies that this is the result of Plaintiffs’ efforts; rather, the fame and good will developed in these marks, products, goods, and services is largely the result of the dedicated efforts of Zaentz and its licensees (including Warner Bros.) over the past four decades."
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Now while this is a truism when it comes to merchandise and what not which must have its origin in these corporate entities it almost seems as if they're claiming that they are responsible for the success of
The Hobbit and
The Lord of the Rings in general: "associated and proprietary characters, elements and marks". As far as I'm aware such a claim is not so much disputable as demonstrably wrong; Professor Tolkien's work was a massive success before these rights ever came into play, which has certainly not been happening in any noticeable way for as long as forty years - perhaps more like twelve when the films were getting going. I don't see Zaentz doing much for the "marks" between the time of their acquisition in 1976 and the release of New Line's adaptation of
The Fellowship of the Ring in 2001 apart from the animated adaptations and some role-playing material which surely does not account for the majority of the "fame and good will developed in these marks" between those years.
Never have I seen the horrible corporate notion of "We made Tolkien better and are owed for it" made more apparent. I am reminded somehow of a similar claim which was also of dubious validity:
"I am the Elder King: Melkor, first and mightiest of all the Valar, who was before the world, and made it. The shadow of my purpose lies upon Arda, and all that is in it bends slowly and surely to my will."
So my question is this (for those who might be knowledgeable in such lore): is a claim of "four decades" remotely justifiable?