Zaentz countersues the Estate

[Nerwen]

Originally Posted by Morsul the Dark

Ah I see where the disagreement is now. I apologize.

The reason I think it'll be hard to beat isn't because its a good defense or even remotely true, however we live in a time where books tend to be pushed aside for cinema and television I sadly think it isn't a far stretch to convince 12 couch potatoes to side with the film company.

But... Morsul, they're not just going to poll a bunch of people on what they like best, books or films, then award the thing accordingly. I'm sorry if that comes across as sarcastic, but, well I don't know what to say– honestly, it is really is sounding like that's how you think it works.

Originally Posted by Beth

Yet they do form literary societies to perpetuate the popularity of books. And many of the societies do have online shops and events where members may buy paraphernalia associated with their author and even engage in a bit of masquerade.

Plus , there's plenty of what I would frankly term junk fiction that has a huge readership. Regrettably so, perhaps– but I think it can be pretty easily proven that many, many millions of people do read books. Often pretty bad books, in my opinion, but that's not the point.

[Morsul the Dark]

Originally Posted by Nerwen

But... Morsul, they're not just going to poll a bunch of people on what they like best, books or films, then award the thing accordingly. I'm sorry if that comes across as sarcastic, but, well I don't know what to say– honestly, it is really is sounding like that's how you think it works.


Plus , there's plenty of what I would frankly term junk fiction that has a huge readership. Regrettably so, perhaps– but I think it can be pretty easily proven that many, many millions of people do read books. Often pretty bad books, in my opinion, but that's not the point.

What I'm saying is it comes down to the jury. If they get a very book friendly crowd the estate will do better if they get a bunch of tv watchers who only read texcts then Zainst has the advantage. Juries are people and people are usually swayed by their preferences. Juries are sort of like polling people, especially in a case of pretty subjective stuff. Are the movies famous because of the books or vice versa of course at the start the movies were made because of the books but after it's a bit more grey....

[Bêthberry]

Do cases like this ever reach the jury stage? Aren't they most often negotiated before trial begins?

That's certainly what happened when the Estate sued an author in the US for using Tolkien as an historical character in his novel. It's jockeying for position rather than raising a legitimate trial.