COMING SOON IN 2012

A quick glance at what Ken has in the production pipeline.

Re: COMING SOON IN 2012

Postby Ken Penders » Wed Jan 25, 2012 4:58 pm

@Tylinos:

You're going to have to accept that I answer what I can when I can, and can't necessarily go into all the details on any particular topic. Second, when I do answer, it's from a position of knowledge of facts that haven't yet made it out to the public domain, which you can blame on sloppy, inaccurate, and lazy reporting as well as other reasons. What you read in today's article doesn't even begin to cover all the facts of the case, just what someone wants to get out to the public. There's more there than you know. Which goes to the same response that people initially greeted Archie's claims against me when they released the documents for public scrutiny. Go check the lawsuit they filed and they admit those documents are nothing more than copies, yet that fact alone doesn't get anywhere near the amount of discussion that it should in comparison to how much validity people assign those documents when they first read about them. Tell those same people the documents are copies and their next question then becomes "Where are the originals?"

Considering we now are watching the spectacle of the owners of the company suing each other, with each side challenging the credibility of the other, how much of a stretch is it for people to see my fight have more credibility once all the facts are known?
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Re: COMING SOON IN 2012

Postby Tylinos » Wed Jan 25, 2012 5:51 pm

Ken Penders wrote:You're going to have to accept that I answer what I can when I can, and can't necessarily go into all the details on any particular topic.

I know, and that's perfectly fine and reasonable.

Ken Penders wrote:Second, when I do answer, it's from a position of knowledge of facts that haven't yet made it out to the public domain, which you can blame on sloppy, inaccurate, and lazy reporting as well as other reasons. What you read in today's article doesn't even begin to cover all the facts of the case, just what someone wants to get out to the public. There's more there than you know.

I'm sure there is more to it than I know, but that doesn't change the fact that she has indeed been barred from doing anything for Archie at the moment, assuming that article is accurate in that respect.

Ken Penders wrote:Which goes to the same response that people initially greeted Archie's claims against me when they released the documents for public scrutiny. Go check the lawsuit they filed and they admit those documents are nothing more than copies, yet that fact alone doesn't get anywhere near the amount of discussion that it should in comparison to how much validity people assign those documents when they first read about them. Tell those same people the documents are copies and their next question then becomes "Where are the originals?"

Isn't the point of making copies often for in case the originals get misplaced?

Ken Penders wrote:Considering we now are watching the spectacle of the owners of the company suing each other, with each side challenging the credibility of the other, how much of a stretch is it for people to see my fight have more credibility once all the facts are known?

I'm sure it's possible, but the chance you'll win back more than a tiny portion of those you've alienated is highly unlikely.
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Re: COMING SOON IN 2012

Postby Mavrickindigo » Thu Jan 26, 2012 9:33 am

Ken Penders wrote:@Mavrickindigo:

If, for some reason, you do lose, will you provide this content in some free manner, or drop it and work on other projects?


The very fact that I'm working on THE LARA-SU CHRONICLES means I anticipate being successful in my endeavors. I don't do things halfway, as people who have watched me work on other projects such as THE REPUBLIC and THE LOST ONES are well aware.

To answer your question in a manner you would find satisfactory would be counterproductive on so many levels and interpreted by many as an acknowledgement that my case isn't as solid as I claim it is. If you were in my shoes, with the United States Government recognizing you officially own your work, and had taken the measures I had to establish the work belonged to you, you would also not be answering any other way.


It still makes you look arrogant, I'm just sayin'. Looking out for your public image here, man
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Re: COMING SOON IN 2012

Postby SynjoDeonecros » Thu Jan 26, 2012 11:26 am

Yeah, no offense to you, Ken, but I think you burned your bridge with Archie with this lawsuit pretty good, and I doubt they'll want you back even if they survive the fallout with the Co-CEO lawsuit. At the very most, they'll work out a deal with you to make use of your characters in the comic, and that's about it; more than likely, though, they'll just deny you everything you've been asking. If things get really bad, I can even see Sega pull a Konami and yank their license from the company and set up something in-house to reboot the series under their control. I guess we'll just have to wait and see.
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Re: COMING SOON IN 2012

Postby Ken Penders » Thu Jan 26, 2012 1:18 pm

@Mavrickindigo:

It still makes you look arrogant, I'm just sayin'. Looking out for your public image here, man


Anyone who really knows me, knows "arrogant" is not a word used to describe me. If people interpret my direct answers as coming off as such, there's nothing I can do about that. Someone asks a question, then I try to respond as best as I can. Sometimes I'd like to respond, but I can't always given the current situation, and hope people understand.

@SynjoDeonecros:

Yeah, no offense to you, Ken, but I think you burned your bridge with Archie with this lawsuit pretty good, and I doubt they'll want you back even if they survive the fallout with the Co-CEO lawsuit.


I always took it as highly unlikely they'd ever want me back ever, but you never know how things go when it comes to business. If there's money to be made, people generally can work out a deal. Most people commenting about the likelihood of anything working out between Archie, Sega and I are basing their assumptions more from a personal perspective, not a business one. I take the position I believe something can be worked out because I'm a reasonable man. That doesn't mean I believe things can or will work out in the end because it takes all parties involved to make it happen. Hence, my going forward with THE LARA-SU CHRONICLES.
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Re: COMING SOON IN 2012

Postby Tylinos » Thu Jan 26, 2012 1:41 pm

Ken Penders wrote:I always took it as highly unlikely they'd ever want me back ever, but you never know how things go when it comes to business. If there's money to be made, people generally can work out a deal. Most people commenting about the likelihood of anything working out between Archie, Sega and I are basing their assumptions more from a personal perspective, not a business one. I take the position I believe something can be worked out because I'm a reasonable man. That doesn't mean I believe things can or will work out in the end because it takes all parties involved to make it happen. Hence, my going forward with THE LARA-SU CHRONICLES.

And you're basing your assumption that Sega would even care at all if you offered them a deal. You're not a publisher. You're some random guy off the street in lawsuits with them. What, does Sega regularly hand over the license over to anyone who comes up to them off the street and says "Hey, I'll make a comic under better terms than you have with Archie,"?
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Re: COMING SOON IN 2012

Postby Antarctic Deity » Thu Jan 26, 2012 1:52 pm

Not even a stranger, the man who sued their last comic into oblivion, and is currently suing them as well. Why would any business want any part of that? Sure, they may make another comic: but there's not even a snowball's chance in Heck that they'd do it with you. That bridge wasn't just burnt, it was nuked.
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Re: COMING SOON IN 2012

Postby SynjoDeonecros » Thu Jan 26, 2012 2:14 pm

And that's my biggest concern with this; even if you do manage to win your copyright case, what makes you think that they're going to make any sort of deal with you with the comic? They could just spite you by killing off all of your characters and boycotting their use in the comic, from then on. And, let's be honest, you're going to NEED their permission to set the Lara-Su CHronicles in the Archie/Sega universe, which is really not likely.

I'm really starting to liken this to the incident with Mega Man's creator, how he left the company on bad terms with Capcom but came back wanting to get them to commission him for the completion of MM Legends 3. It's really a "have your cake and eat it, too" scenario, which is not going to happen, personally or legally.
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Re: COMING SOON IN 2012

Postby BobR » Thu Jan 26, 2012 5:12 pm

Tylinos wrote:Hang on, what? You tell me to go back and read the documents to see that the injunction was unsuccessful, I go back and read them and see they were successful, and you say...what? That the documents you told me to read aren't telling the truth because you personally believe the judge's decision is somehow invalid? Please tell me that isn't what you're saying here.

Okay, I see what's going on here. Tylinos, you and Ken are looking at two different lawsuits. There was an earlier lawsuit under a different judge. Archie's co-ceo wanted the judge to grant an injunction barring Silberkleit from returning to the office and preventing her from representing the company at an upcoming Comic-Con in San Diego. The judge refused to grant that injunction, but worked out a deal where Silberkleit's duties were outlined (basically tying her hands in the company to only certain projects.)

The current presiding Judge, Nancy Kornreich, seems far more sympathetic to Goldwater's pleas. Unfortunately, it appears Archie's good old boys have found ways to punch Silberkleit's buttons, and it appears she's destroying her own credibility by her actions provoked by others. (Let's just say Ken has seen similar attempts at such tactics in the lawsuit against him...fortunately, he's more level-headed with a thicker skin.)

Back in 2009/2010. things were looking good: http://latest-business.com/company-earn ... ntal-boss/ But, the comic book fairs mentioned in that article became a major source of contention between Silberkleit and Goldwater. Goldwater was complaining that Silberkleit had cost the company over $100,000 with her fairs, while generating only about $10,000 in income (I'm sure he'd be singing her praises of those numbers were reversed.) He also claimed she made a deal with a play producer (another of her designated overseen areas), that basically gave away development rights of several Archie characters to the producer. He did not like that at all (and frankly, on that point, I can't blame him. But it was a novice mistake in negotiations of these types, her first.) It was then the fight started in earnest, with Goldwater demanding a role in the approval of any of her projects without subjecting any of his projects for her approval. In other words, he wants to take over control of the entire company with complete oversight and control on Silberkelit. When she pushed back against that, the fireworks started. And he's apparently found a way to manipulate her into being able to do just that.

Silberkleit said about Goldwater, “He has called me ‘stupid,’ a ‘moron,’ and ‘despicable, In the presence of others he has told me to ‘shut up’ and ‘why can’t you be sweet, nice and quiet like a lady?’ ” And having heard several other stories about Jon Goldwater from numerous sources, I believe every word of that statement. Remember, Silberkleit is a third grade teacher. She's anything but stupid or a moron, having received a teaching certificate. Goldwater comes across as a good ol' boy from way back who thinks women should stay home and make babies, or be a secretary at most. A woman in the boardroom?! Unthinkable!! Having heard all this about Goldwater, I can definitely see the source of SIlberkleit's "Penis!" shout. She was being polite, though, calling him a penis. I would've just called him a dick.
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Re: COMING SOON IN 2012

Postby PaulAgnew » Thu Jan 26, 2012 7:50 pm

Antarctic Deity wrote:the man who sued their last comic into oblivion


SEGA had a licensed comic series that Ken worked on before Sonic? :o
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Re: COMING SOON IN 2012

Postby Tylinos » Thu Jan 26, 2012 10:17 pm

BobR wrote:Okay, I see what's going on here. Tylinos, you and Ken are looking at two different lawsuits.

Err, are you sure? I thought Ken already cleared it up after that post that we were talking about the same lawsuit, but just that I was talking about that it passed and he meant that it passed without its original intent.

BobR wrote:Unfortunately, it appears Archie's good old boys have found ways to punch Silberkleit's buttons, and it appears she's destroying her own credibility by her actions provoked by others. (Let's just say Ken has seen similar attempts at such tactics in the lawsuit against him...fortunately, he's more level-headed with a thicker skin.)

Bob, I can see you're just trying to stick up for your friend here, but come on. If you're still trying to claim that Ken is losing credibility because of Archie/Sega/whoever, just think about it for a second. People already siding with Ken don't need more convincing, and people not siding with Ken have their own reasons for being against him, most of which being negative reactions to seeing Ken's words firsthand or seeing his new art and such and reacting quite poorly to it. They aren't going to have their minds changed by seeing you guys claim the same old claims of our opinions being manipulated, because there isn't even a middle ground for most of them to be manipulated by.

Or if you were talking about something completely different, then I apologize and you can ignore that.

BobR wrote:But, the comic book fairs mentioned in that article became a major source of contention between Silberkleit and Goldwater. Goldwater was complaining that Silberkleit had cost the company over $100,000 with her fairs, while generating only about $10,000 in income (I'm sure he'd be singing her praises of those numbers were reversed.)

Well, yeah. He wouldn't have any real need to complain if the fairs were actually making them money. Complaining then would just make him look stupid even if he wanted to complain.

BobR wrote:He also claimed she made a deal with a play producer (another of her designated overseen areas), that basically gave away development rights of several Archie characters to the producer. He did not like that at all (and frankly, on that point, I can't blame him. But it was a novice mistake in negotiations of these types, her first.)

Fair enough on it being somewhat excusable as a novice mistake.

BobR wrote:It was then the fight started in earnest, with Goldwater demanding a role in the approval of any of her projects without subjecting any of his projects for her approval. In other words, he wants to take over control of the entire company with complete oversight and control on Silberkelit.

Oh, I don't doubt he wants complete control of the company. But it's just that at the same time I believe he really does want to look out for the best interests of keeping the company alive as well. Just with him in full control. (Not that I'm saying he should have complete control of it, though.)

BobR wrote:Silberkleit said about Goldwater, “He has called me ‘stupid,’ a ‘moron,’ and ‘despicable, In the presence of others he has told me to ‘shut up’ and ‘why can’t you be sweet, nice and quiet like a lady?’ ” And having heard several other stories about Jon Goldwater from numerous sources, I believe every word of that statement. Remember, Silberkleit is a third grade teacher. She's anything but stupid or a moron, having received a teaching certificate. Goldwater comes across as a good ol' boy from way back who thinks women should stay home and make babies, or be a secretary at most. A woman in the boardroom?! Unthinkable!! Having heard all this about Goldwater, I can definitely see the source of SIlberkleit's "Penis!" shout. She was being polite, though, calling him a penis. I would've just called him a dick.

Basically, they both called each other names. I doubt either of them are outright lying on any of the things they've claimed about each other, but that both are at times using hyperbole. (To be fair, Goldwater isn't exactly the first person to call someone an idiot when they aren't, as a way of showing annoyance at them for something they did, and not everyone who does so does it to be offensive in the way Silberkleit suggests.) But to be clear on the "PENIS" thing, didn't the reports on the matter say she interrupted the meeting and yelled that at each of the men in the room, not just Goldwater? Goldwater saying sexist comments to her may be inexcusable, but it doesn't really mean she should do similiar to him and others in return.
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Re: COMING SOON IN 2012

Postby Mavrickindigo » Fri Jan 27, 2012 9:48 am

Ken Penders wrote:@Mavrickindigo:

It still makes you look arrogant, I'm just sayin'. Looking out for your public image here, man


Anyone who really knows me, knows "arrogant" is not a word used to describe me. If people interpret my direct answers as coming off as such, there's nothing I can do about that. Someone asks a question, then I try to respond as best as I can. Sometimes I'd like to respond, but I can't always given the current situation, and hope people understand.

In the world of entertainment, it's not who knows you personally who matters, its the people who know you by the things you say in public that matters. It doesn't matter if your close friends know that you're a saint, if the majority of potential buyers know you as an arrogant egoist, they won't buy your stuff.
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Re: COMING SOON IN 2012

Postby Ken Penders » Fri Jan 27, 2012 11:58 am

@Mavrickindigo:

It doesn't matter if your close friends know that you're a saint, if the majority of potential buyers know you as an arrogant egoist, they won't buy your stuff.


That's not true at all. People buy lots of products - books, films, comics, etc. - produced by arrogant jerks with no regard for the person who created the work simply because they're interested in the product itself. Does the fact that William Shatner has been called an arrogant egotist by every one of his co-stars prevent me from enjoying STAR TREK? Not at all, because what the man does as William Shatner offscreen is of no concern of mine. That's just one example. I could go into a lot more.

It's been my experience that it's only the vocal minority - whether for or against - that express their opinions online, so while their feedback good or bad can be helpful, it's never been the basis for either going forward or the alternative with any project I've engaged in.

The very purpose of this board was to give people a venue to express themselves positive or negative about my work. I never expected people to simply say great things about it. If anything, I was and am more interested in the comments that enable me to improve on what I do.

I know what the intent of my comments are, and I don't respond in a manner that insults or belittles the other person. I simply try to give honest, direct answers to the extent I can. I can't be held responsible for how others interpret them, as misunderstandings on these forums can occur at the drop of a hat.
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Re: COMING SOON IN 2012

Postby jameygamer » Fri Jan 27, 2012 12:43 pm

It's been my experience that it's only the vocal minority - whether for or against - that express their opinions online, so while their feedback good or bad can be helpful, it's never been the basis for either going forward or the alternative with any project I've engaged in.[quote]
Ehh, I am going to have to disagree with you on the vocal minority thing. I have been on the Internet for a while, and one thing I have learned is that the Internet is now one of the most powerful tools to communicate your message with. This "vocal minority", along with those web companies, is the reason the SOPA bill was shelved. And there are fandoms on the web that you can cater to your advantage. If you tick them off, they are ravenous.
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Re: COMING SOON IN 2012

Postby BobR » Fri Jan 27, 2012 12:45 pm

Tylinos wrote:
BobR wrote:Okay, I see what's going on here. Tylinos, you and Ken are looking at two different lawsuits.

Err, are you sure? I thought Ken already cleared it up after that post that we were talking about the same lawsuit, but just that I was talking about that it passed and he meant that it passed without its original intent.

Well, I could have been mistaken, but it sure looked like you were referring to similar but different lawsuits, the first, under a different judge, definitely not being granted.

Tylinos wrote:
BobR wrote:Unfortunately, it appears Archie's good old boys have found ways to punch Silberkleit's buttons, and it appears she's destroying her own credibility by her actions provoked by others. (Let's just say Ken has seen similar attempts at such tactics in the lawsuit against him...fortunately, he's more level-headed with a thicker skin.)

Bob, I can see you're just trying to stick up for your friend here, but come on. If you're still trying to claim that Ken is losing credibility because of Archie/Sega/whoever, just think about it for a second. People already siding with Ken don't need more convincing, and people not siding with Ken have their own reasons for being against him, most of which being negative reactions to seeing Ken's words firsthand or seeing his new art and such and reacting quite poorly to it. They aren't going to have their minds changed by seeing you guys claim the same old claims of our opinions being manipulated, because there isn't even a middle ground for most of them to be manipulated by.

Or if you were talking about something completely different, then I apologize and you can ignore that.

Heh, I'll ignore that. I'm not talking about public manipulation. I'm talking about pressure brought to bear against Ken personally through various statements and threats of actions. None of those were acted upon, btw (or haven't been yet), so the only intent I could see about bringing them up was to goad Ken into taking some stupid action. Which, apparently, Silberkleit has done, unfortunately.

Tylinos wrote:
BobR wrote:But, the comic book fairs mentioned in that article became a major source of contention between Silberkleit and Goldwater. Goldwater was complaining that Silberkleit had cost the company over $100,000 with her fairs, while generating only about $10,000 in income (I'm sure he'd be singing her praises of those numbers were reversed.)

Well, yeah. He wouldn't have any real need to complain if the fairs were actually making them money. Complaining then would just make him look stupid even if he wanted to complain.

But that's the point. Instead of taking Silberkleit by the hand and guiding the neophyte through the intricate realms of businesses, he basically throws her to the wolves and then bitches when she stumbles. He displays no leadership ability at all. Like the play negotiations, he just dumps the whole process, berates Silberkleit, and demands that he be included in all future negotiations. A true leader would've taken her in, explained the problem, offer to work with her to iron them out, let HER take the initiative to correct the situation, and offer advice for future negotiations.

Tylinos wrote:But it's just that at the same time I believe he really does want to look out for the best interests of keeping the company alive as well. Just with him in full control. (Not that I'm saying he should have complete control of it, though.)

Well of course he wants to keep the company alive. You don't slaughter the cash cow for hamburger.

Tylinos wrote:Basically, they both called each other names. I doubt either of them are outright lying on any of the things they've claimed about each other, but that both are at times using hyperbole. (To be fair, Goldwater isn't exactly the first person to call someone an idiot when they aren't, as a way of showing annoyance at them for something they did, and not everyone who does so does it to be offensive in the way Silberkleit suggests.) But to be clear on the "PENIS" thing, didn't the reports on the matter say she interrupted the meeting and yelled that at each of the men in the room, not just Goldwater? Goldwater saying sexist comments to her may be inexcusable, but it doesn't really mean she should do similiar to him and others in return.

Agreed. it definitely sounds childish on both their parts. But I think it stems from plain arrogant and manipulative maneuvers on the part of the male Archie executives and frustration by Silberkleit.
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Re: COMING SOON IN 2012

Postby Mavrickindigo » Fri Jan 27, 2012 2:45 pm

Ken Penders wrote:@Mavrickindigo:

It doesn't matter if your close friends know that you're a saint, if the majority of potential buyers know you as an arrogant egoist, they won't buy your stuff.


That's not true at all. People buy lots of products - books, films, comics, etc. - produced by arrogant jerks with no regard for the person who created the work simply because they're interested in the product itself. Does the fact that William Shatner has been called an arrogant egotist by every one of his co-stars prevent me from enjoying STAR TREK? Not at all, because what the man does as William Shatner offscreen is of no concern of mine. That's just one example. I could go into a lot more.

It's been my experience that it's only the vocal minority - whether for or against - that express their opinions online, so while their feedback good or bad can be helpful, it's never been the basis for either going forward or the alternative with any project I've engaged in.

The very purpose of this board was to give people a venue to express themselves positive or negative about my work. I never expected people to simply say great things about it. If anything, I was and am more interested in the comments that enable me to improve on what I do.

I know what the intent of my comments are, and I don't respond in a manner that insults or belittles the other person. I simply try to give honest, direct answers to the extent I can. I can't be held responsible for how others interpret them, as misunderstandings on these forums can occur at the drop of a hat.

The difference between you and most other people is that most people who see your work will see your bridge-burning with Archie and SEGA. They'll see Knuckles recolors and not something original. The majority of the people who will be exposed to your work are those who are following the news. Sonic fans, those who mostly don't like what you're doing.
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Re: COMING SOON IN 2012

Postby Tylinos » Sat Jan 28, 2012 5:30 am

BobR wrote:Heh, I'll ignore that. I'm not talking about public manipulation. I'm talking about pressure brought to bear against Ken personally through various statements and threats of actions. None of those were acted upon, btw (or haven't been yet), so the only intent I could see about bringing them up was to goad Ken into taking some stupid action. Which, apparently, Silberkleit has done, unfortunately.

Ah, alright. My mistake, then. Sorry about that.

BobR wrote:But that's the point. Instead of taking Silberkleit by the hand and guiding the neophyte through the intricate realms of businesses, he basically throws her to the wolves and then bitches when she stumbles. He displays no leadership ability at all. Like the play negotiations, he just dumps the whole process, berates Silberkleit, and demands that he be included in all future negotiations. A true leader would've taken her in, explained the problem, offer to work with her to iron them out, let HER take the initiative to correct the situation, and offer advice for future negotiations.

Point taken.

BobR wrote:Agreed. it definitely sounds childish on both their parts. But I think it stems from plain arrogant and manipulative maneuvers on the part of the male Archie executives and frustration by Silberkleit.

Yeah. Both sides have made their mistakes.


At this point, maybe this topic should be split up into seperate topics? There's two discussions going on in it right now, and neither of them are the original one this topic was started for.
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Re: COMING SOON IN 2012

Postby Julie-Su Fan » Sat Jan 28, 2012 9:40 am

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Re: COMING SOON IN 2012

Postby Tylinos » Sat Jan 28, 2012 10:32 am

Yeah, Ken mentioned that a few pages ago. Though now I'm a bit confused as to why he said it was a good thing for him when it seems like the only two outcomes from this would be "Ken loses" or "Trial happens anyway".
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Re: COMING SOON IN 2012

Postby Ken Penders » Sat Jan 28, 2012 3:31 pm

@Tylinos and Julie-Su Fan:

the only two outcomes from this would be "Ken loses" or "Trial happens anyway".


To begin with, I've been ready for trial since we were supposed to go on October 31. Without revealing any inside information, the fact is that neither side can agree on what constitutes a reasonable settlement in this case, which means absent that a trial is necessary to resolve this. Regarding the other aspect of the equation, TSSZ News is merely reporting whatever facts they can publicly access in the Court filings system, which don't necessarily go into the nuances of the case itself. Thus, while they are reporting what is on the record, there are many details that aren't on the record at this time, so what seems to read more dire to my side by the average Sonic fan is not the full story that I'm actually living.

When I say I believe I will be vindicated in the end, it's because I'm in the middle of a legal process, which must be adhered to if the full details of both sides are to be presented and fought over. There are innumerable details that have yet to surface to the public, and when they do, I think many people will be surprised and amazed. At the very least, if they knew what I and my attorneys do, they would agree I had no choice but to engage in the course of action I have. Even the people that disagree with me would probably change their minds if they were in my shoes.

And with that, I'm getting back to the drawing board. Stay tuned for the latest update sometime later this coming week and see which character's new look is revealed.
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Re: COMING SOON IN 2012

Postby Tylinos » Sat Jan 28, 2012 4:20 pm

Ken Penders wrote:There are innumerable details that have yet to surface to the public, and when they do, I think many people will be surprised and amazed. At the very least, if they knew what I and my attorneys do, they would agree I had no choice but to engage in the course of action I have. Even the people that disagree with me would probably change their minds if they were in my shoes.

Even if there was some shocking revelation about the secrets of the running of Archie Comics at the end of all of this, it still wouldn't change many people's opinions on the whole thing. Again, a lot of those against you are because they don't like how you've been acting, not because they think Archie's some perfect company that can do no wrong, or even because you're simply doing this at all. (Though that's what got a lot of them started at being annoyed.) And honestly, what could possibly be as shocking as you're implying? Did Archie CEOs murder some baby seals and use their remains to print the books with?
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Re: COMING SOON IN 2012

Postby SynjoDeonecros » Sun Jan 29, 2012 11:36 pm

Ken, you can babble on about how "we don't get the nuances" and how "we'd be cheering for you if we were in your shoes", but ultimately, it doesn't matter; what matters is what goes into the official record, and the official record says you are losing this case. We HAVE to get our facts from the official record, because that's all that matters in the end; what it says in there. That is the final word from the courts, and it's a legal, binding statement that we cannot ignore simply because you say "oh, it's not like that at all". For all we know, all of your blubbering is just that, blubber, and Archie is in the right with this. We don't know, because it's not in the official record, and there's no reason for ANY of the evidence you claim will "shock and amaze" us will be put into that record; companies as big as Archie HAVE suppressed public knowledge about the evidence in a legal case in the past.

As I said before, you are sounding very much like someone who is desperately trying to garner any support he can to back up a claim that is known to be a tad misguided, at best, and dubious at worst. This is not the sound of a man who is on the verge of winning the biggest case of his career, this is the sound of a man who is trying to put on a brave face and ignore the fact that he's losing a case that will ultimately not matter much to the comic, in the long run. What's going to happen if you lose? YOur characters get used however the writers feel like using them, big whup. YOu've already got a couple of other projects in the works to fall back on, Sonic is NOT the only source of income you have going for you. If you win? You get your characters back, but you'll never be able to use them because, after this incident, I can't imagine Archie or Sega would ever want to have anything to do with you or your projects, and you won't be given permission to use their world for your projects. You'll have to change everything around, and then Sega and Archie could turn around and sue YOU for using concepts too similar to the Master Emerald et all, and you're right back in court.

I get it, you want recognition for your work, but honestly, you're fighting a losing battle, here, and your attitude toward it and the fans for criticizing you over it is rubbing people the wrong way and not making you any friends. You're exposing your glaring flaws and trying to twist them into virtues or ignore them altogether in order to garner new support, and it's not happening, because people can see through the veneer. Honestly, I don't think you're going to win this, and to be frank, at this point, I don't think I'm going to shed any tears for you if you don't.
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Re: COMING SOON IN 2012

Postby Ken Penders » Mon Jan 30, 2012 2:02 am

@SynjoDeoncros:

and the official record says you are losing this case.


Really? Where does it say that? Last time I checked, I still own the Copyrights to all of my works published in the various SONIC titles. That is a fact and a check with the US Copyright Office website will verify this. There has been no legal decision made in Archie's favor that I'm aware of.

companies as big as Archie HAVE suppressed public knowledge about the evidence in a legal case in the past.


Yeah, well, that's if there's a settlement between the parties in which a gag order is agreed to. Absent that, once this case goes to trial, should it go to trial, everything becomes public knowledge. No one on either side can suppress anything at that point.

You get your characters back, but you'll never be able to use them because, after this incident, I can't imagine Archie or Sega would ever want to have anything to do with you or your projects, and you won't be given permission to use their world for your projects.


THE LARA-SU CHRONICLES doesn't require either Archie's or Sega's participation or permission to go forward. The next character will be revealed later this week, and it won't be long before I start releasing previews of the actual story.

I get it, you want recognition for your work, but honestly, you're fighting a losing battle, here, and your attitude toward it and the fans for criticizing you over it is rubbing people the wrong way and not making you any friends.


The problem I have with statements like this is that anyone posting statements like this seems to believe they represent the majority of the fans who would be interested in what I'm doing if it weren't for the fact I'm claiming ownership of my characters, which for some reason they seem to know actually belong to Archie and Sega yet they have no proof of anything that legally entitles Archie and Sega to my characters, concepts and stories.

If I do end up losing in the long run, and from my perspective that's a pretty big IF, I'd rather go down swinging than walk away with regrets. However, this isn't a television episode, and there's a long way to go before any of this is resolved.
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Re: COMING SOON IN 2012

Postby Tylinos » Mon Jan 30, 2012 6:35 am

SynjoDeonecros wrote:You'll have to change everything around, and then Sega and Archie could turn around and sue YOU for using concepts too similar to the Master Emerald et all, and you're right back in court.


See, this is something that I've been really curious to see how Ken handles, whether he completely changes the Island and Emerald concepts to the point that it isn't even like the original story anymore, or he keeps it as-is. If the concepts are completely changed, it leaves the problem that it isn't even like a continuation of the same story. If they stay the same, then even as "unoriginal" as the idea of a floating island powered by a mystical object is, it's still a blatant taking of Sega concepts far more blatant than the claims of the Dark Brotherhood being a ripoff of the Dark Legion. It's a problem either way he does it. Unless, of course, he doesn't mention that they're on a floating island or show the Emerald, which seems like it'd be really weird to work around in a story generally focused on guarding the island and its Emerald.

Ken Penders wrote:The problem I have with statements like this is that anyone posting statements like this seems to believe they represent the majority of the fans who would be interested in what I'm doing if it weren't for the fact I'm claiming ownership of my characters, which for some reason they seem to know actually belong to Archie and Sega yet they have no proof of anything that legally entitles Archie and Sega to my characters, concepts and stories.

The thing is that neither side has outright proven who owns what yet. Just as much as people have acted like Archie/Sega's already won, you've acted like you've already won. Yes, positive attitude, I know. But the same could be said for the other side; It's just taking a positive attitude to the side they prefer.

Ken Penders wrote:If I do end up losing in the long run, and from my perspective that's a pretty big IF, I'd rather go down swinging than walk away with regrets.

Well, that much I can respect, at least.
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Re: COMING SOON IN 2012

Postby SynjoDeonecros » Mon Jan 30, 2012 12:37 pm

Ken Penders wrote:Really? Where does it say that? Last time I checked, I still own the Copyrights to all of my works published in the various SONIC titles. That is a fact and a check with the US Copyright Office website will verify this. There has been no legal decision made in Archie's favor that I'm aware of.


That's not what I've been hearing, but I forgot, "you know more about the case than any of us, do, so we have no room to post our opinions on it", right?

Yeah, well, that's if there's a settlement between the parties in which a gag order is agreed to. Absent that, once this case goes to trial, should it go to trial, everything becomes public knowledge. No one on either side can suppress anything at that point.


Really? I hate to disagree with you on this, but I highly doubt that; we don't know everything about the Konami/UDE lawsuit, for instance, even though no gag order was issued to my knowledge, so don't think that EVERYTHING will be disclosed.

THE LARA-SU CHRONICLES doesn't require either Archie's or Sega's participation or permission to go forward. The next character will be revealed later this week, and it won't be long before I start releasing previews of the actual story.


Um, yes, it does, because it's entirely based in the Sonic universe unless you systematically change and edit out everything Sonic related in the series. You even admitted that you'd have Rotor with Cobar in the story, if you could, so don't you dare tell me that "it doesn't require either Archie's or Sega's participation or permission to forward", because right now, IT DOES; the designs, the setting, everything is owned by Sega and Sonic. You'll need to completely redesign EVERYTHING in order to keep Sonic and Sega from being involved, otherwise it would be like me trying to publish my Circuits, Crossed storyline, and I've seen proof positive of someone who got a cease and desist order from a company for using their characters or similar designs in a way they don't like. I lived with a guy whose original character was forbidden for him to be used by him thanks to it being too similar to a character owned by Disney, so believe me when I say, I doubt you can get away with this as-is without a settlement with Archie and Sega, which it sounds like you aren't getting.

And as Tylinos mentioned, if you DO have to change things, you'll likely have to omit the floating island and emerald part to keep from getting sued by Sega and Archie, and that would defeat the entire purpose of the changes, since your entire story is BASED around those two facts. Yeah, you could say it's a "generic" floating island and a "generic" emerald keeping it aloft, but that concept is STILL too similar to the FLoating Island and the Master Emerald to fly with Sega's and ARchie's lawyers. That's probably part of the reason why you can't get a settlement; any changes made other than stripping those two facts out would still make it too similar to what's already in Sonic to work.

The problem I have with statements like this is that anyone posting statements like this seems to believe they represent the majority of the fans who would be interested in what I'm doing if it weren't for the fact I'm claiming ownership of my characters, which for some reason they seem to know actually belong to Archie and Sega yet they have no proof of anything that legally entitles Archie and Sega to my characters, concepts and stories.

If I do end up losing in the long run, and from my perspective that's a pretty big IF, I'd rather go down swinging than walk away with regrets. However, this isn't a television episode, and there's a long way to go before any of this is resolved.


And you're assuming that the majority of the fans following this are FOR you. I'm interested in what you have to write with this, but I'm firmly in the "I don't think you have a snowball's chance in hell" club. No, we don't know everything that's going on, behind the scenes, but as I said, that doesn't matter; what matters is what's on the official record, and the official record, from what I understand, has it in favor for Archie and Sega. Honestly, I'm not sure what you're doing, putting on this brave face and BS your way into the good graces of your fans, because it's pretty clear that most of them are sick of this and have left.
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