Diseased #Comicsgate - The Culture Wars Hit The Funny Books!

This is another point I forgot to bring up in my previous post. Can Meyer really get $75,000 in damages from Waid after making over half a million on IndieGoGo, which will most likely come out to well over $75,000 in profit once expenses are accounted for? If anything, it almost seems like Meyer should be giving Waid $75,000 as thanks for Streisanding his campaigns to wild success.

By no means am I arguing that Waid isn't a jerk here, but the more I think of it, the more I feel like this case is a waste of time. Meyer doesn't need the money, and it appears that Waid is wealthy enough that $75,000 won't teach him that much of a lesson.

Waid effectively denied him Retail Distribution and Distribution via the (Monopoly) Comic Distributor Diamond. How much more could he make if his product was actually available on store shelves? The fact that it was a raging firestorm of success via Indiegogo just proves that there was and is a demand for the product. It makes Waid's case worse. Further it damaged future business dealings. Does Meyer have a path to distribution via Amazon/Comixology? waid likely damaged that as well.
 
This is another point I forgot to bring up in my previous post. Can Meyer really get $75,000 in damages from Waid after making over half a million on IndieGoGo, which will most likely come out to well over $75,000 in profit once expenses are accounted for? If anything, it almost seems like Meyer should be giving Waid $75,000 as thanks for Streisanding his campaigns to wild success.

By no means am I arguing that Waid isn't a jerk here, but the more I think of it, the more I feel like this case is a waste of time. Meyer doesn't need the money, and it appears that Waid is wealthy enough that $75,000 won't teach him that much of a lesson.

If I understood Nick Rekieta correctly, the successful IGG in some ways makes it worse for Waid. Because Meyer is spending all his time putting comics in envelopes and mailing them (the job the publisher was going to do for him) rather than writing comics and running more IGGs.

In other words, the fundraiser gives Meyer a way to quantify what his damages were. "I can prove I could be making $x creating comics, but here am I stuffing envelopes."
 
Waid effectively denied him Retail Distribution and Distribution via the (Monopoly) Comic Distributor Diamond

Now that Meyer has started his own imprint (Splatto Comics), I don't see why he couldn't land a distribution deal with Diamond if both parties were interested.

At any rate, I wasn't arguing so much about whether Meyer could sue Waid as I was about whether he should.

In other words, the fundraiser gives Meyer a way to quantify what his damages were. "I can prove I could be making $x creating comics, but here am I stuffing envelopes."

I'd still argue he's making at least ten times $x due to the course of events that led to him stuffing those envelopes.
 
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This is another point I forgot to bring up in my previous post. Can Meyer really get $75,000 in damages from Waid after making over half a million on IndieGoGo, which will most likely come out to well over $75,000 in profit once expenses are accounted for? If anything, it almost seems like Meyer should be giving Waid $75,000 as thanks for Streisanding his campaigns to wild success.

That's not a defense really. In a tortious interference case, Meyer is entitled to whatever additional expenses, including compensation for his time, went into him mitigating his damages from Waid's conduct. That would include any expenses arranging for alternate publication, time and expense spent doing his own distribution and delivery, which also would have been done by Antarctic under the broken contract, etc.

The fact that the public reaction to Waid's disgusting behavior was to support Meyer does not hurt his case, nor does the fact that his product found a market despite being illegally excluded from the Marvel-dominated market. It clearly would have sold even more had it been on shelves.
 
And you know the very first thing in discovery, if this isn't somehow dismissed or settled before then, will include a request to produce all communications, private or otherwise, with other industry participants, including people at Marvel. If they have somehow been blissfully oblivious to any potential liability on their part, this will be a wake-up call. If Disney has somehow just been ignoring this as a spat between some peon comic book nerds, this will also awake the sleeping giant.

Mark Waid will be deposed and will be forced to put his factual claims on the record and answer deep, probing questions about his conduct. Lying will be perjury, and once he's on the record, he can't later change his story without having his deposition thrown in his face.

It's very likely to take most of a day, or perhaps even multiple days depending how hardball plaintiff's counsel wants to play, and give Mark Waid some quality time to contemplate the true level of his liability.

What we probably see first is an attempt to dismiss this on procedural or substantive grounds. The most I see possibly getting dismissed is the defamation claims, but I don't see that either. The tortious interference claim is clearly a colorable prima facie claim that can survive a motion to dismiss. If the facts are as Meyer says they are, the claim is valid. It is unlikely to be dismissed on 12(b)(6) for failure to state a claim.



If Mark Zaid is competent, he will tell Mark Waid not only to STFU immediately, but tell his idiot minions to quit making things even worse by publicly posting even more evidence proving elements of the claim against him. Whatever fucking idiot leaked that Kickstarter insider information just fucked Waid good.

One thing to keep in mind. We use Marvel and Disney interchangeably. But it is not quite accurate. Marvel Entertainment is an independently operated but wholly owned subsidiary of Disney. Chances are Disney is only just now finding out about this shitshow. Ike and Marvel aren’t always the most talkative with the House of Mouse. Things won’t go up the chain until they become an actual liability.

You will practically be able to tell the day that Disney’s lawyers find out. Waid will be instantly shitcanned. Regardless of politics, the Mouse is all about protecting the Mouse. They have clear and publicly available Standards of Business Practice that apply to Employees and Contractors. There is no question he violated those. Disney will not take on any liability for this idiots actions. They will say “thank you for letting us know. We have a clear policy against this sort of thing (see TWDC SAP chapt 5 page 27) we have terminated the contractor in question for violating Disney policies.”

What kinda time frame are we looking at here? Months? Years?
Also this is gonna go down in a Texas court, right?

Given the attorney Waid got (despite the ridiculous name), I can't imagine he isn't being backed. This is a guy that sues countries, you're telling some comic book guy, no matter how much tenure he has, could afford that?

Federal actually moves fairly quick. Initial meetings within weeks. Probably on the docket by spring.

Per EVS, Waid has a net worth somewhere north of $1m. Not Trump levels of opulence, but enough to afford a decent lawyer for a while.

Waid also owns several creator owned IP’s. The Irredeemable and Uncorruptable universe and characters. Not to mention anything he holds from Malibu etc. IP’s have decent real value, so you can option them or take loans out against them.
 
I doubt that. If it had been on shelves it arguably wouldn't have made much of a name for itself. It was this shitshow that brought it attention and publicity.

That’s not how a court or jury will view it. He was denied the primary channel of distribution and had to resort to direct sales to individuals. The Judge will view that that was an unquestioned success as an indicator of demand or market interest. And the defendant interfered with that. Yeah he might say “no harm done”. Or more likely he might apply a multiplier to the direct sales and assume retail might have been 2x direct? 3x etc. the wild IGG success will more likely than not increase the judgement.
 
I doubt that. If it had been on shelves it arguably wouldn't have made much of a name for itself. It was this shitshow that brought it attention and publicity.

And not to be pedantic, but there's a big difference between buying a comic via indiegogo for $35 and being able to pick it up at a comic book store for $10. I'm sure there are a lot of fence sitters (such as myself) who wouldn't waste $35 on Zack's homoerotic GI Joe fanfic, but might give it a chance if they see it on the shelf when they're picking up the latest issue of Doomsday Clock.
 
I doubt any of us are shocked by the (alleged) news that Kickstarter rejected Jawbreakers on the flawed premise that the project itself promoted racism.
View attachment 556045 https://twitter.com/rpace/status/1046641252131729408
(https://archive.li/34aAT)

The wording isn't clear on how he received the screenshot:
View attachment 556047
:story: They really are so dumb they don't realize they're helping D&C prove his claims of collusion.
So....they're admitting they have insiders at Kickstarter who are falsely rejecting projects? And they think this makes Zack look bad?
It's like they're idiots that don't know what they're doing.
Kickstarter has no problem allowing scammers on their platform that steal thousands and never deliver a project.

Odd how many of these scammers believe in diversity and social justice....Kiva bay and Zoe Quinn to name a few.
Pace really shouldn't be throwing those stone from his glass house, he's 5 years late on his own KS.
 
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Who in the blue hell are you?
 
Here if you want to look into his work.
http://comicbookdb.com/creator.php?ID=1050

He's a fucking Letterer! Wow! I've been reading comics since 1974. I have collected thousands. I don't think I have EVER paid attention to who the Letterer is. Nor cared. I understand it is an important job, but so is the receptionist and Janitor. I don't need to know who they are, nor will I ever seek out their work. (Well maybe the Janitor, cause Carlos just leaves that 3rd floor mens room extra sparkly!)
 
He's a fucking Letterer! Wow! I've been reading comics since 1974. I have collected thousands. I don't think I have EVER paid attention to who the Letterer is. Nor cared. I understand it is an important job, but so is the receptionist and Janitor. I don't need to know who they are, nor will I ever seek out their work. (Well maybe the Janitor, cause Carlos just leaves that 3rd floor mens room extra sparkly!)

Make sure to thank him be leaving one helluva surprise inside the crapper awaiting him when he makes his daily rounds.
 
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This suit was very much needed given how retarded these clowns are. They seem unable to get that all this does is give more evidence to the tortuous interference claim when all of the "professionals" close ranks like this.

Good thing they're all too childish to understand what precident this makes, since they won't learn from Mark the Manchild's example.
 
The beatings will continue until morale improves:
Captain Marvel to Get New Comic Series Ahead of Big-Screen Debut
By George Gene Gustines Oct. 2, 2018 (https://archive.fo/IjkCo)
02marvel-item_art1-articleLarge.jpg

In this penciled and inked page from Captain Marvel No. 1, which will publish in January, the writer Kelly Thompson and the artist Carmen Carnero show how the hero’s look has evolved over the years. Marvel Entertainment
Captain Marvel, one of the formidable heroines of the Marvel universe, will be getting a hero’s welcome in a new comic-book series that begins in January. The series, which will be written by Kelly Thompson and drawn by Carmen Carnero, returns Captain Marvel to New York City after a stint in space as the first line of defense against alien threats.

The spotlight on the female superhero, and her alter ego Carol Danvers, precedes her debut on the big screen in “Captain Marvel,” starring Brie Larson, which arrives in theaters in March.

“I think the character is incredibly important, maybe now more than ever,” Ms. Thompson said.

Ms. Thompson and the rest of the comic’s creative team, which also includes the colorist Tamra Bonvillain and the editors Sarah Brunstad and Wil Moss, will be balancing the expectations of different audiences.

“You really want her to be accessible to new and younger audiences who are going to see the movie, fall in love and want to seek out other Captain Marvel stories,” Ms. Thompson said. “But you really want to respect the fans who have loved the character for decades. I think there’s a razor’s edge there.”

Carol Danvers, like many comic-book characters who have been around for decades, has accumulated a complex back story. She was introduced in 1967 as an Air Force officer who assisted an alien hero known as Captain Marvel, the male character who originally went by that name. Almost 10 years later, she received her own series as Ms. Marvel, sporting a variation of the hero’s costume (while his covered him from head to toe, hers showed off her midriff and legs). A story published in 1980, in which Ms. Marvel was abducted, mind controlled and impregnated, was criticized as a depiction of rape. She would eventually confront the Avengers about some of the events. Later, she temporarily lost her powers; in finding herself again, she became the heroine Binary and eventually Warbird, while also struggling with alcoholism.

“Carol, unlike a lot of other heroes, is incredibly human and flawed, which makes her relatable,” Ms. Thompson said. “She’s incredible but she struggles.”

Through all the twists, she continued to persist, and by 2012 she had adopted the name Captain Marvel along with a new costume, designed by Jamie McKelvie, that drew on past versions of her uniform and also played up her military background.

Mr. McKelvie said in an interviewat the time. “I think we, as an industry, are getting better at it though, which is heartening.”

Captain Marvel’s stature as a feminist hero and her encouragement of other women is something Ms. Thompson will draw upon, and is one of the elements that unifies the Carol Corps, the character’s dedicated fan base.

“This first arc has some female guest stars in an unexpected way,” Ms. Thompson said. The first issue also includes some “costume weirdness,” she hinted: “It’s a little bit of a risk, but I think people are going to respond to it.”

For those keeping count, this is the 7th relaunch of this character (without counting one-shots/tie-ins):
https://www.marvel.com/comics/issue/42671/captain_marvel_2012_1
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https://www.marvel.com/comics/issue/49018/captain_marvel_2014_1
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https://www.marvel.com/comics/issue/56583/captain_marvel_2016_1
RCO001_1469302980.jpg
https://www.marvel.com/comics/issue/61426/the_mighty_captain_marvel_2017_1
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https://www.marvel.com/comics/issue/64961/the_mighty_captain_marvel_2017_125
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https://www.marvel.com/comics/issue/69730/the_life_of_captain_marvel_2018_1
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Now:
capmarv2019001_cvr.jpg
 
The thing I’m really really curious about is if Ya Boi Zack is willing to forego a definite settlement in the hopes of getting that discovery phase & potentially blowing up the whole industry & exposing everything. Does he just cash in or does he go for digging into that goldmine & hoping that he finds something even bigger?
I guess he'd be ok with a settlement as long as there's a public apology from Waid. The optics are about the same, he doesn't need to wait up to a year for it, and it would probably be pretty harrowing to get dragged into a lawsuit featuring big company Marvel (and by extension Disney).

I suspect Zach is suing to send a message rather than monetary gain since he's doing great business putting out comics and having the "pros" sperg out on him. The suit lists damages as more than $75k but that's apparently due to procedural reasons and it's not certain he'd be awarded that amount even if Waid gets smacked down on all points.

If Waid's lawyer is connected to Disney as many has speculated, I suspect that as soon as there's the slightest risk of this affair getting Marvel involved Waid will be persuaded to sign whatever groveling apology is demanded. Waid has long since stopped being an asset to Marvel and is now nothing but a huge potential liability.
 
I guess he'd be ok with a settlement as long as there's a public apology from Waid. The optics are about the same, he doesn't need to wait up to a year for it, and it would probably be pretty harrowing to get dragged into a lawsuit featuring big company Marvel (and by extension Disney).

I suspect Zach is suing to send a message rather than monetary gain since he's doing great business putting out comics and having the "pros" sperg out on him. The suit lists damages as more than $75k but that's apparently due to procedural reasons and it's not certain he'd be awarded that amount even if Waid gets smacked down on all points.

If Waid's lawyer is connected to Disney as many has speculated, I suspect that as soon as there's the slightest risk of this affair getting Marvel involved Waid will be persuaded to sign whatever groveling apology is demanded. Waid has long since stopped being an asset to Marvel and is now nothing but a huge potential liability.
I said this before in the thread on the case but I'm not entirely sure Waid could apologize. Keep in mind how anti-Meyer people in the industry are to the point that Quesada came out with the usual talking points. A Waid who apologizes is a a Waid who gets tons of "Mark Waid is now Comicsgate" articles and never gets to write a comic again. Also unlikely he'd be able to keep his mouth shut and even then, he'd get the harpies.

He's still fucked either way but not backing down means he keeps "acceptance" from his peers which apparently is the most important thing in the industry. I could see him preferring to go out like that rather than getting fucked by the monster of the industry's own creation.

Only outcome that works for him is winning the case.
 
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