you either don't understand the way the legal system works, or specifically ignored it because filing it would have hurt your case for obvious reasons.
You're outright admitting here that you did this as a play to get around statute of limitations law.
Please tell me this is something other than saying you may possibly re-file before the Archie case ends even though you were basically just told to not do that.
Whatever else you may think, what is going on between me, Archie, Sega and EA is most certainly not a game. I didn't make up the rules to begin with. If anything, I'm the guy who's learning the system as he goes along. Yes, there is a strategy to everything, but that goes for the other side as well.
When the companies file a motion, they're going to phrase everything in a way most favorable to them. Likewise, my attorneys will present the facts from our POV. Then the Judge gets to weigh in, and neither side really knows how that will play out. If it appears I'm the one ignoring what the Judge is saying, I can't help you're not getting the full picture.
As much as I would like to be more informative, that's not the smart play on my part for now. Even if it means you think I'm still in the wrong, I'm not going to say anything that ends ups doing severe damage to my case at this point, even if it does make me look bad to a lot of the fans.
this could be used as an argument against you saying you think your book would succeed based on support emails.
I'm just saying you shouldn't try to argue with imaginary numbers.
What numbers am I throwing out? Success is something that's elusively defined these days. Mitt Romney just won the primary in Michigan, but is he really a winner? The jury will be out on that one for awhile. In terms of comic book sales, back in the 70's, if a book sold under 200,000 copies, it was cancelled. Now if a book sells over 50,000, it's a runaway success. A small independent publisher can build a hit just from selling 1000 to 5000 copies of a book depending on a number of factors. What you think I mean by THE LARA-SU CHRONICLES being a success and what I think are two different measuring units.
Did you mean that its best sales were during the '90s era, and that there was an increase from your last part of time on the book to the start of Ian's time? Or do you mean something about subscriptions?
The sales of the books on the newsstands during the 90's were better than they are now. The sales through the direct market via Diamond Distribution is better now than back then, but it isn't enough to make up for lost newsstand sales. While my guess would be there were more subscriptions back then, I just don't know for certain. The reprint and digital sales are recent components to the sales picture and have plenty of room for growth, so that may make up the difference, but I don't believe we're quite there yet.
So unless Mr. Penders’s contract was wildly different, he signed away those characters before he even created them.
you're purposefully leaving things out to use libel on Ian as a way of proving a point.
I'm not libeling Ian. I'm simply stating he was misinformed. Ian is saying everyone on staff including freelancers signed contracts, which begs the question: How does he KNOW?
Company executives? Can't say I find them an unbiased source of information.
I already have freelancers such as Scott Shaw! submitting declarations they never signed contracts, so unless Ian was either misinformed by company executives or he's aiding and abetting in the propaganda, his initial statement is incorrect. I'm willing to cut slack and believe he was misinformed.
On the other hand, what characters has Ian created, especially during the early years of his run, that warranted concern on his part whether he signed away his rights or not? Scourge? Revamp of my character Evil Sonic. Dark Egg Legion? Ian himself admits its an update of the Dark Legion. (And no, please don't take this as a criticism of Ian because it's not. I'm just asking people to look at the bottom line here.)
Ian's living the dream. Great. But his dealings with the company are totally different from the experiences of others. I would certainly never say my experiences are in any way similar to his. (And I'd think he'd agree.)