Universal To Fans: STOP LIKING FIREFLY!! DAMN YOU!!

Ok.



I'm gonna tell you a story.



A couple of years ago, there was a TV show. It was science fiction. It was called Firefly.



Because it aired on a major network, and broadcast execs don't give a damn about SF, they stuck it in a bizarre time slot where it drew essentially no notice at all; then cancelled it after the 12th episode - of 14 - aired.



But there were fans. And they made noise.

So much noise, in fact, and for so long, that the creators of the show were - amazingly enough - able to get funding and support from Universal Studios to make  a feature film from the series.



This just does not happen, folks. A theatrical movie from a TV show cancelled in its first season? Totally unheard of.



At any rate, the movie, "Serenity," was released in theaters, and then on DVD. The fans, the utterly incredible fans, of this "intellectual property," that Universal owns, generated FORTY-FIVE MILLION DOLLARS in ticket and DVD sales for the movie.



They go to conventions.



They run fan websites.



They write fiction.



And, because Universal decided they didn't need the extra money from T-shirt and merchandise sales, they make and sell T-shirts.



All that, however, is going to stop.



Because Universal does not want you to like their movie.



What do I mean by this?



Well, a few weeks ago, the major producer of Firefly / Serenity derivative T-shirts and merchandise, 11th Hour, got notified that Universal was going to pursue copyright actions against them if they didn't stop selling merchandise for "Universal's valuable intellectual property."



Well, that sucks, especially since Universal didn't bother to sell any of it themselves. But, hey, they're right; it's their right to say "you can't do that." So, 11th Hour took down all the "offending" artwork, T-shirts, and merchandise, stopped selling them, and removed all the infringing content from their CafePress shop.



That, apparently, isn't good enough.



Universal is suing them, for $8750 in "retroactive licensing fees," which if I understand the premise of licensing fees, invalidates the rest of their claim, for reasons I will discuss in a minute.



They're also suing for $150,000 in statutory damages - for each item of Firefly / Serenity merchandise sold. That's millions upon millions of dollars. I guess they want to make money on this movie, after all.



But that's not all. They also want the 11th Hour shop closed permanently; all merchandise produced by them to be turned over to Universal; and for 11th Hour to:



"That, no later than close of business on October 30, 2006, 11th Hour Art agree in writing to permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"



Oooooook. So, we're also, as fans, supposed to stop word-of-mouthing your "valuable intellectual property" around, lest we face copyright lawsuits?



Do they honestly not understand that the value of the property lies in how much people will pay for it? If no-one will pay for it - because they've never heard of it - then it is worthless. Universal isn't marketing it; in fact, they've done nearly everything in their power to get rid of it. They canceled the original TV series, refused to market or advertise the movie, and haven't sold merchandise.



ONE HUNDRED PERCENT of the value retained by this brand and franchise comes from the fans and their word of mouth. But now they have to stop talking about it, because Universal doesn't want to make money on it.



But the legal claim is invalid in its totality, based on its first requirement. And I'll explain why.



The bulk of the document refers to requirements that the 11th Hour Art people stop using their property in an unauthorized fashion, which is retarded, but legal. However, since they also ask for licensing fees, they invalidate their own subsequent claims, because the purpose and intent of licensing fees is to ensure that the payer of such fees is entitled to use the property.



That's the whole point of licensing fees.



So, if 11th Hour complies and pays the fees, the rest of the claim should not be (it WILL be, because we don't have judges in this country, regardless of political affiliation, seated in any court of law at any level, at all, anywhere, who deserve to sit at the bench) actionable at all; paying the licensing fees would grant a retroactive title to use the property, specifically for the purpose of selling merchandise for a property of which Universal has washed its hands.



Sadly, the end result will no doubt be that 11th Hour will be put out of business. And Firefly will finally, truly die, not because the fans didn't love it, but because Universal hates the fans.