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20
(Source: adamjury.com) The Hollywood Reporter broke the news on January 14th that LucasFilm was suing Gen Con, LLC. This news didn’t make it to the gaming world until a few days ago in February, when GamingReport picked it up and other sites began discussing it.
Unfortunately, The Reporter’s summary of the lawsuit [which was filed on January 8th, 2008] was a little terse, and various postings around the ‘net have distorted the case and claimed false things — all of which could be avoided if people had actually read the brief complaint. A fair number of people are saying that Gen Con owes $1,000,000 to Make-a-Wish foundation, and no reading of the lawsuit bears that to be true.
As I read it [and I bounced the complaint and the bullet points over to a legal pal of mine for clarification — thanks Daniel!], the complaints levied against Gen Con LLC are pretty simple:
* Gen Con LLC entered in an agreement — the “Fan Convention Agreement” — to run Star Wars Celebration IV in May 2007. They paid a non-refundable advance, but Lucasfilm alleges that they did not follow through with proper quarterly accounting statements nor payment, and Lucasfilm is seeking approx. $500,000 in compensatory damages plus interest.
* Gen Con LLC entered in a second agreement — the “Auction Agreement” — in which Lucasfilm agreed to provide items to the auction, with the proceeds of the auction going to the Make-a-Wish foundation. It is not entirely clear from the lawsuit if all of the auction proceeds or just those from the Lucasfilm archives were intended for Make-a-Wish.#1 Lucasfilm is seeking approx. $150,000 in compensatory damages, plus approx $150,000 in pecuniary restitution, plus interest on both. In other words: they want the money that would have gone to Make-a-Wish foundation, and they they want to be paid for the merchandise that Gen Con allegedly auctioned off inappropriately.
* Lucasfilm is further asking for punitive damages to be proven at trial.
* Lucasfilm is also seeking pre-judgement interest plus the cost of the lawsuit.
* Lucasfilm has asked for trial by jury on all claims that may be tried by a jury. My understanding is that this is done because a jury trial is more expensive, and thus more likely to force Gen Con to settle, and due to the nature of the donations — the average person isn’t going to look kindly on anyone ripping off a major charity.
That’s the skinny: approx $800,000 in various damages, plus potentially more.