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'Watchmen' to get its day in court

Sep 3, 2008, 02:58 PM | by Jeff Jensen

Categories: 'Watchmen', Movie Biz

Watchmen_l Watchmen fans, the clock is now ticking — and that’s a good thing. A Jan. 6 trial date has been set for Warner Bros. and Fox to duke it out over what’s basically a very expensive unpaid toll ticket. To wit: Did Warner Bros. and producer Larry Gordon move on Zack Snyder’s $100 million adaptation of Alan Moore’s dark, revisionist superhero saga without first properly buying out Fox’s stake in the film? Regardless how the question is answered, the Jan. 6 court date would seem to all but assure that Watchmen will be released on March 6. For all you furious anti-Fox geeks who bought crayons to make Wolverine pickets, we hope you kept the receipt.

Parsing U.S. District Court Judge Gary Allen Feess’ edicts on this matter has become great entertainment blogger sport — so let’s play! With a trial looming, and with the judge stating the case is too “complex” for him to grant Fox’s request that he block Watchmen’s release, pressure is on both parties to settle the dispute before one of them emerges a big loser. As some armchair analysts have pointed out, arguments will likely center on whether or not a 1991 payment to Fox effectively renders this whole business moot, or if a subsequent 1994 agreement between Fox and Gordon (who has been trying to mount a Watchmen movie for many years with several different studios) kept that option open. In papers filed prior to the Labor Day weekend, Warner Bros. put forth the fanciful notion that Fox doesn’t deserve squat because they sat on their hands for years and did nothing to make the movie or even prevent others from doing so. Fox’s counter-argument: BWAHAHAHAHAHAHA! Such kidders, you Warner Bros. people are! Even if that’s true — so what?

You’d think Warner Bros. would want to pony up some cash just to make this stupid thing go away — that is, after milking it for all the PR it’s worth, given how much everyone is all "Watchmen this" and "Watchmen that" these days. Seriously, I should have “Zack Snyder’s $100 million adaptation of Alan Moore’s dark revisionist superhero saga” programmed into a default setting on my computer by now. If there was ever any worry that this “obscure” comic was going to have to deal with an awareness/relevancy problem with mainstream moviegoers, that concern has now been alleviated by a factor of 37.98%, according to the Crackpotatron we keep in the EW bloggercave — and that number is growing larger every day.

Of course, increased recognition and increased commercial potential also favors Fox, if Fox is going to insist on profit participation in worldwide theatrical revenues and aftermarket stuff like DVDs licensed products.

Then again, with all of us talking about this all the time, thus raising the stakes of humiliation for both studios, maybe there’s equal pressure on both sides to settle this thing and seal the resolution air tight to avoid the risk of getting a big fat egg — or several thousand small ones — splatted across the face.

This is all to say that I really have no damn clue, but I think it would be fair to say the following:

1.    Hollywood is slimy.
2.    Fox may get some money, and if they have the stones to actually go to trial and fight for what’s right instead of just a check, even get what they legally deserve... but man, are they losing the PR war with fans. Threatening to take Watchmen away from geeks has unleashed some truly venomous blather toward Fox and its moviemaking upper management — residual bitterness from adaptations of Daredevil, Elektra, Fantastic Four, The League of Extraordinary Gentlemen, and the first and third X-Men movies. Never mind that most, if not all of these films were varying degrees of “successful.” Those guys at the studio know what they’re doing, but the hardcore fanboys sure don’t like the way they creatively do it.
3.    Fox probably doesn’t really care much about point No. 2.
4.    Fanboys are probably stung to hear point No. 3.
5.    But they’ll totally get over it when Watchmen opens on March 6, 2009.*

*Pending future developments that make us change our mind.


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Mary Thu, Oct 2, 2008 at 09:17 AM EST

This isn't really about Watchmen, this is about Batman. Check into it.

Dave Da Man (no relation to Stan) Fri, Sep 5, 2008 at 07:55 PM EST

There is a online boycott calling for people to boycott Fox over this issue. To that I say "Why?!?" Recently they've only turned out crap anyway. The fans won't have to boycott them to hurt them - They continue to beat themselves up! They'll be out of business within ten years if they don't turn things around and that looks doubtful considering the recent track record. All we have to do is wait and eventually we'll all have a beer and a good chuckle when Fox is in the grave in a decade or so.

rockgolf Thu, Sep 4, 2008 at 09:38 AM EST

Warner's argument that Fox sat on their hands too long is legally sound. It's called "laches" and what it boils down to is that if Fox wanted to assert their rights they had to do so BEFORE Warners spend $100 million or so on the project. By waiting, they left Warners in a worse position than when the claim should have been made. My bet is the judge awards Fox one dollar.

t3hdow Thu, Sep 4, 2008 at 08:19 AM EST

With that said, Fox is cruel for holding the copyright infringement suit until the film's almost completed. It's unfair to the people who worked on the film, having Fox suddenly appear and decide its fate. This infringement suit should have been started and finished either in pre-production or shortly after filming started.
True, it's not even close to the evils of Nazis, but it's still underhanded and irresponsible of Fox to do this.

t3hdow Thu, Sep 4, 2008 at 08:15 AM EST

I don't see the big deal with the word geek. Yeah, it has some negative connotations, and yes, sports culture tends to get less flak than geek culture. Trust me. As the video game playing/anime watching older brother of a high school basketball star that embodies the cliches that comes with it, I see how both groups are treated and perceived. But life is too short to worry about all that crap. If you enjoy delving into comic book/sci-fi/video-game/etc., you shouldn't be ashamed of it. Besides, it's not jocks are free of ridicule. You also never hear about comic book fans committing vandalism after a hockey/soccer game or receiving DUIs from getting drunk after watching a game. Jensen didn't mean any harm with the term geek. Fanboys, I do have an issue with, but it's because they often prove to be close minded people that repel any criticism with the thing they love. After dealing with the stubborn Star Wars fanboys in the Clone Wars blog, I prefer distancing myself from them.

Chesca Thu, Sep 4, 2008 at 12:42 AM EST

WATCHMEN KICKS ASS!!!

Hope Persen Wed, Sep 3, 2008 at 08:29 PM EST

@Jazmine

No joke, man! Us FANGIRLS are going to take over the intertubes if we can't see this one (holla if you love hot men playing superheroes!!)

Jazmine Wed, Sep 3, 2008 at 06:46 PM EST

I agree with Tym. And if you're going to call us "fanboys" at least pick a term that includes the ladies.

Sushi Wed, Sep 3, 2008 at 06:30 PM EST

@ Jonan: "Wanted" is not a Fox release, buddy. The other comic book movie listed are, hence their relevance and inclusion in the article.

jonan Wed, Sep 3, 2008 at 06:07 PM EST

i think that in the list of movies that are creatively crapwad Wanted should be added to electra daredevil,xmen 1 and 3 etc and LXG. seriously the fact that i have such a problem with is the way that Hollywood has such an ego with the way they treat any source materials something that automatically needs to be revised /updated/fixed to the extent that they bear no resemblance to source material and the only reason they use the names are to take advantage of the hype. (i'm mostly talking about LXG and Wanted) things like fatastic four and X men were just poorly done. that happens all the time. of course the holy grails of comic book adaptations are sin city and 300. we should at least trust zack shnyder. Fox is being obnoxious. but at least they aren't making the movie.

AV Wed, Sep 3, 2008 at 06:03 PM EST

Couldn't agree with Jeff more. Anyone who dresses up in ridiculous costumes, whether it's sports fans or comic fans, are up for ridicule. That whole high school comment can be applied to the same people making it. Yeah, so the jocks were jocks in high school, get over it. Being sour about something in your teens is just so... high school. That's what sites like JoeSportsFan, Deadspin, and Kissing Suzy Kolber are for, to mock the absurdity of sports and those jocks. And just as jocks easily spite fanboys and geeks, fanboys and geeks spite the jocks. It comes hand in hand, why not take it easy and just enjoy both?

Jeff Jensen Wed, Sep 3, 2008 at 05:23 PM EST

Rufus, you are speaking nonsense with that Nazi stuff. Please. Mike, sorry I abused the word "frak;" it won't happen again. And Tym, I hear what you're saying, but you're wrong about sports fans: those cheeseheads in Green Bay and Raider Nation folks in Oakland have been plenty mocked and continue to be so in the culture. I think you and I and our fellow fanboys/geeks can afford to have a sense of humor about ourselves.

fecalito Wed, Sep 3, 2008 at 04:31 PM EST

Fox shows its true colors every night on cable. No difference in this arena. Only Tom Cruise seems further out (and probably upset he was not cast in the "Watchmen" lead).

Tym Wed, Sep 3, 2008 at 03:38 PM EST

Jeff, I respect your LOST columns, but I disagree with your general outlook on this.

"Fanboy" and "Geek" are lazy cliches that always dismiss a rich culture of smart and creative people. When sports fans paint their faces, yell vicariously at physical events, and remember stats, no one calls them geeks; they're rewarded by the culture as Men. When fans of smart literature, imaginative films, advanced design, and creative clothing support and even create their passions, they are dismissed by jockhead spite. Enough High School, let's grow up now.

"Spider-Man" and "Dark Knight" are massive successes because they finally respected the great material and the fans who knew that all along. "Watchmania" is not a hype, it's the genuine excitement of twenty years anticipation being finally rewarded. FOX said nothing while it was being filmed, then only steps forward when they smell money.

Why insult the fans, who know a quality movie and a greedy swipe when they see it? Fight the real enemy.

mike Wed, Sep 3, 2008 at 02:49 PM EST

"Such kidders, you Warner Bros. people are! Even if that’s true — so frakking what?" It's called "laches" and it probably means Fox is mostly dead in the water.
PS
Even as a completely unashamed geek-fanboy I have to say use of the word "frak" just serverly damaged my respect for you Mr. Jensen (seriously, when ALF was popular were you going around saying "ha I kill me"?). If it weren't for those damn good Lost columns you write I'd think you were such a tool right now.

RUFUS1133 Wed, Sep 3, 2008 at 02:41 PM EST

fOX SUCKS. First they destroyed the media and news in general. now they are trying to destroy the movie business. Why? they are nazi's. Rather than burning books they remove material. same concept differant method


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