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Old 01-30-2011, 04:19 PM   #1141
SaxCatz
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It seems pretty clear that the menu is parody and would be protected as such. Especially since it is on the disc and in no way displayed on the packaging, it would be very tough for MGM to argue that this creates any sort of marketplace confusion. It doesn't seem actionable, but a small operation like Code Red may well have paniced is they received any sort of warning from MGMs legal team. Whether MGM really has a case or not, they could easily bankrupt Code Red (even in MGMs current dispair) just in legal fees.
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Old 01-30-2011, 06:28 PM   #1142
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yeah, it does seem like a smart move on code reds part, if that's the case. no reason for such a small company to risk making an enemy of a larger company.
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Old 01-30-2011, 08:07 PM   #1143
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'HAUNTED' screenshots are up on Code Red's blog.

I think they look marvelous.
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Old 01-30-2011, 10:05 PM   #1144
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It seems pretty clear that the menu is parody and would be protected as such. Especially since it is on the disc and in no way displayed on the packaging, it would be very tough for MGM to argue that this creates any sort of marketplace confusion. It doesn't seem actionable, but a small operation like Code Red may well have paniced is they received any sort of warning from MGMs legal team. Whether MGM really has a case or not, they could easily bankrupt Code Red (even in MGMs current dispair) just in legal fees.
The line between parody and infringement is a touchy issue, especially in courts. Facebook sued Lamebook for example.

MGM would simply have to issue a cease and desist letter to Code Red. If Code Red refused to offer a reply, they could be sued and the court could then grant a possible injunction.

(MGM is fresh out of bankruptcy/debt and have a cool $500 million to spend now. Their current despairs are basically over for now.)

Of course, all of this is just speculation at this point. It might not even be the reason Code Red recalled the release at all...but it certainly seems to be the most likely cause of it.
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Old 01-30-2011, 10:49 PM   #1145
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It does not sound like CR has enough money to justify the kind of lawyers I am sure Warner pays big bucks for. Honestly, I think this is a non issue. At worse, CR get the cease and desist. CR apologizes and does a recall. Frankly, CR could probably get away with selling the rest of their intial run. Warner will not pay thousands to halt the sale of a few hundred copies of a film that is known to very few of us. Hell, I only bought it because of all the people here making a big deal about it.
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Old 01-30-2011, 11:57 PM   #1146
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This controversy could lead to one of the most sought after DVDs in recent memory. Maybe close to the Sleepaway Camp Red Cross edition.
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Old 01-31-2011, 12:30 AM   #1147
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This controversy could lead to one of the most sought after DVDs in recent memory. Maybe close to the Sleepaway Camp Red Cross edition.
YES! I remember that. Once again, I made sure I ran out and bought mine locally, and you know what, it was still selling for a month or so after the issue came up. Future Shop here in Canada was recently bought out by Best Buy at the time. So even though there were no BBs here yet, I went to Future Shop and got my Best Buy exclusive with the bonus 4th disc there. Once again, they were not taken off the shelves. They were clearly able to sell of the remaining stock of the "Red Cross Edition" well after Red Cross took issue with Anchor Bay. So not even Anchor Bay was big enough to be sued over it. Mind you, Red Cross, being the organization that they are, clearly have more important avenues to spend their money than on a copyright related pissing contest.
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Old 01-31-2011, 12:51 AM   #1148
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Well hell, now I have to see this movie and I know nothing about it!
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Old 01-31-2011, 01:18 AM   #1149
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You know what I'd really like to see Code Red put out? Attack of the Beast Creatures. Anyone out there ever see that one? It seems under the radar enough for them to snag.
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Old 01-31-2011, 02:14 AM   #1150
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This controversy could lead to one of the most sought after DVDs in recent memory. Maybe close to the Sleepaway Camp Red Cross edition.
Hehe...
One of the only times that I lucked out and snagged an edition that became desireable. Usually I have the opposite luck.
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Old 01-31-2011, 08:06 AM   #1151
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It does not sound like CR has enough money to justify the kind of lawyers I am sure Warner pays big bucks for. Honestly, I think this is a non issue. At worse, CR get the cease and desist. CR apologizes and does a recall. Frankly, CR could probably get away with selling the rest of their intial run. Warner will not pay thousands to halt the sale of a few hundred copies of a film that is known to very few of us. Hell, I only bought it because of all the people here making a big deal about it.
It's MGM, not Warner.
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Old 01-31-2011, 02:39 PM   #1152
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This controversy could lead to one of the most sought after DVDs in recent memory. Maybe close to the Sleepaway Camp Red Cross edition.
Which is retarded considering it's supposed to be re-released in June. Some dickhead is already selling one on eBay that's up to $41. If I don't get a copy I think I'll survive until June.
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Old 01-31-2011, 07:36 PM   #1153
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Which is retarded considering it's supposed to be re-released in June. Some dickhead is already selling one on eBay that's up to $41. If I don't get a copy I think I'll survive until June.
Ya but it's not the same will be a split cover and a new menu. The big questions are will it get released again and will it have all the same features?
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Old 01-31-2011, 08:43 PM   #1154
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Ya but it's not the same will be a split cover and a new menu. The big questions are will it get released again and will it have all the same features?
Yeah, but who cares about that? I know someone might, but cmon man.

Oh it'll get released again. The amount of poverty crying Bill used to do on this thread - there's no way he's gonna take a bath on this.
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Old 01-31-2011, 09:11 PM   #1155
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Some dickhead is already selling one on eBay that's up to $41.
Pretty sure that's the guy from Diabolik, wonder where he got that from... :/
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