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Thread: Dark Tower lawsuit claims SK is a plagiarist

  1. #51
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    Quote Originally Posted by herbertwest View Post
    I wonder if there are any public informations about that lawsuit, if it went forward etc
    Not that the person would have gained much given the film results...
    There have been a few developments.

    The plaintiff amended the complaint to add several defendants. He is now suing King, Imagine Entertainment, Marvel Entertainment, Media Rights Capital, Simon & Schuster, and Sony Pictures Entertainment.

    *

    The plaintiff is still acting Pro Se.

    King is represented by:

    Sanford Lewis Bohrer
    Holland & Knight, LLP - Miami

    Vincent Cox
    Leopold, Petrich & Smith, P.C.

    Louis Peter Petrich
    Leopold, Petrich & Smith, P.C.

    Scott D. Ponce
    Holland & Knight, LLP - Miami

    Raymond F. Treadwell
    Holland & Knight, LLP - Jacksonville

    The other defendants are being represented by King's attorneys: Cox, Ponce & Treadwell

    *

    Discovery due by 2/23/2018,

    Dispositive motions due by 3/23/2018,

    Final Pretrial Conference set for 7/18/2018 at 10:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger,

    Jury Trial set for trial term commencing 9/10/2018 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger.

    *

    The plaintiff moved to file under seal. It was denied.

    The plaintiff filed a MOTION for miscellaneous relief, specifically for Witness Tampering and Discovery misconduct sanctions against Marvel. There is a person who does not want to be a witness against Marvel since they are his client and Simon & Schuster is his publisher. He had a casual conversation with a Marvel attorney he knows. That was the supposed tampering. It was denied.

    All defendants have filed answers to the complaint.

    King denies all allegations. He admits some basic facts.

    King Affirmative Defenses


    The plaintiff wanted to file another amended complaint. It was denied.

    Several people have filed declarations including, Stephen King, Colin Shields, Ralph Macchio, Jae Lee, David Bogart, Jonathan Golfman, Adam Bergerman, Nikolj Arcel Akiva Goldsman, Christine Birch, Vincent Cox, and Beverly Vincent.

    King Declaration


    The plaintiff keeps filing various stupid motions. He wanted some of the attorneys sanctioned for suborning perjury. He wanted injunctions. He wanted declarations stricken. The court issued an omnibus order denying a bunch of the motions. It then went on to deny the rest. The court has instructed plaintiff on procedure, but he doesn't seem to get it.
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  2. #52
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    Thanks for that comprehensive update !
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  3. #53
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    Thanks for all the updates, Brian - appreciated! I really enjoyed reading through SK's declaration.


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  4. #54
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    Looks like he's hoping some party among them will say "eh, just cut him a check," and looks like they aren't having it.

    King's declaration seems to indicate that he's had to spend more time on this personally than I'd have hoped.

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    Good for King for sticking up for himself. I did get a chuckle at the Revised Gunslinger improving continuity within the series though.


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    Random thought somewhat related to The Dark TOwer but not the lawsuit : were the last comics released the 5 issues of THE SAILOR from about a year ago?
    Any more planned?
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  7. #57
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    I think there was a post from Furth that said they were on hiatus.


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    I can't wait for the next comic omnibus to be released .
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  9. #59
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    Any new information?

  10. #60
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    Quote Originally Posted by Randall Flagg View Post
    Any new information?
    Dude got a lawyer and successfully argued to get an extension on discovery. The trial has been moved back to December.

  11. #61
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    Apparently there's been a development today, but this is all I can find:

    https://www.law360.com/ip/articles/1...ic-book-ip-row
    Stephen King urged a Florida federal judge on Monday to reject a bid for an early win by the nephew of a comic book writer who claims King ripped off his uncle's “The Rook” time-traveling comic books to create the Roland Deschain character in King’s “Dark Tower” series.

    In a brief opposing a partial summary judgment bid, King, his publishers and three production companies argue that the now-deceased comic book writer William B. DuBay never owned the copyrights to the comic book character Restin Dane, known...
    Then it just cuts off there and you need to register.

  12. #62
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    The Rook seems to owe more to Doctor Who than The Gunslinger owes to The Rook, in my opinion. The "Tower" mentioned in The Rook is actually the time machine that Restin Dane uses to travel through time - TARDIS-like. At least, from my reading of the Wikipedia article.
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  13. #63
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    Quote Originally Posted by mae View Post
    Apparently there's been a development today, but this is all I can find:

    https://www.law360.com/ip/articles/1...ic-book-ip-row
    Stephen King urged a Florida federal judge on Monday to reject a bid for an early win by the nephew of a comic book writer who claims King ripped off his uncle's “The Rook” time-traveling comic books to create the Roland Deschain character in King’s “Dark Tower” series.

    In a brief opposing a partial summary judgment bid, King, his publishers and three production companies argue that the now-deceased comic book writer William B. DuBay never owned the copyrights to the comic book character Restin Dane, known...
    Then it just cuts off there and you need to register.
    This is all part of the legal wranglings that have been going on for months. "MEMORANDUM in opposition re104 Motion for partial summary judgment". There've been over 15 such motions and responses since June.

  14. #64
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    Quote Originally Posted by Bev Vincent View Post
    Quote Originally Posted by mae View Post
    Apparently there's been a development today, but this is all I can find:

    https://www.law360.com/ip/articles/1...ic-book-ip-row
    Stephen King urged a Florida federal judge on Monday to reject a bid for an early win by the nephew of a comic book writer who claims King ripped off his uncle's “The Rook” time-traveling comic books to create the Roland Deschain character in King’s “Dark Tower” series.

    In a brief opposing a partial summary judgment bid, King, his publishers and three production companies argue that the now-deceased comic book writer William B. DuBay never owned the copyrights to the comic book character Restin Dane, known...
    Then it just cuts off there and you need to register.
    This is all part of the legal wranglings that have been going on for months. "MEMORANDUM in opposition re104 Motion for partial summary judgment". There've been over 15 such motions and responses since June.
    The plaintiff moved for a partial summary judgment. He wants the court to rule that he owns the rights to The Rook. (That's far from certain.)

    King is arguing that Dubay doesn't own the rights he's claiming to own.

    Discovery showed that an assignment of the registered rights - from the publisher who owned the rights to Dubay's father - that Dubay had been relying on was a forgery.

    Dubay hasn't shown he owns the registered rights. He's trying to claim some abstract rights to the creative process.

    The court could grant Plaintiff's Motion for Partial Summary Judgment. I highly doubt that it will since the facts are disputed and Plaintiff's position is far from a slam dunk.

    It's more likely that the court says the case needs to go to trial. It's also possible that the court could rule the Plaintiff doesn't have standing to proceed to trial.
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  15. #65
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    Quote Originally Posted by Br!an View Post
    It's more likely that the court says the case needs to go to trial. It's also possible that the court could rule the Plaintiff doesn't have standing to proceed to trial.
    The defense attorney also argued that the plaintiff's request for summary judgement of certain facts completely misinterprets the concept of summary judgement. I think the latter above is a strong possibility.

  16. #66
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    There's a chance this actually goes to trial?

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    Quote Originally Posted by mae View Post
    There's a chance this actually goes to trial?
    There's a chance -- I expect there will be a defense motion for summary judgement at some point. It will then be up to the judge. I'd be surprised if it goes that far, but stranger things have happened.

  18. #68
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    Quote Originally Posted by Bev Vincent View Post
    Quote Originally Posted by Br!an View Post
    It's more likely that the court says the case needs to go to trial. It's also possible that the court could rule the Plaintiff doesn't have standing to proceed to trial.
    The defense attorney also argued that the plaintiff's request for summary judgement of certain facts completely misinterprets the concept of summary judgement. I think the latter above is a strong possibility.
    "The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."

    No doubt the Plaintiff's motion doesn't fit the definition.
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  19. #69
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    Quote Originally Posted by Bev Vincent View Post
    Quote Originally Posted by mae View Post
    There's a chance this actually goes to trial?
    There's a chance -- I expect there will be a defense motion for summary judgement at some point. It will then be up to the judge. I'd be surprised if it goes that far, but stranger things have happened.
    The finding in Discovery that the primary assignment is a forgery precludes the possibility of the Plaintiff prevailing with his complaint as it now stands. The Plaintiff has already amended his complaint and will need to do so again if he hopes to succeed in his suit.

    I also expect a defense motion for summary judgment at some time.
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  20. #70
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    Copied from Random Comments.

    Quote Originally Posted by peripheral View Post
    This is interesting and seems legit? Source: Blog "20th Century Danny Boy", entry dated 7th Jan 2019.

    A few months back I posted the deposition of Jim Warren. He was desposed in the still running case brought by Ben DuBay, the nephew of Bill DuBay claiming horror author Stephen King lifted concepts and the general storyline of his Dark Tower series from DuBay’s own series, The Rook, which Bill DuBay created with Budd Lewis, in particular, DuBay’s character, Restin Dane, directly influenced King when he created his own character Roland Deschain.

    The Rook first appeared in March 1977. From that date the character appeared in Warren Magazines such as Vampirella, Eerie and Warren Presents, before being handed its own title. There are enough similarities between The Rook and Dark Tower for Ben DuBay to bring the suit, and as part of the process a few people have been deposed, including Ralph Macchio (the former Marvel editor, not the skinny actor), Jim Warren, film director Bob Gale, Ben DuBay and Stephen King himself.


    Read King's full deposition here...
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  21. #71
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    Quote Originally Posted by Br!an View Post
    Copied from Random Comments.

    Quote Originally Posted by peripheral View Post
    This is interesting and seems legit? Source: Blog "20th Century Danny Boy", entry dated 7th Jan 2019.

    A few months back I posted the deposition of Jim Warren. He was desposed in the still running case brought by Ben DuBay, the nephew of Bill DuBay claiming horror author Stephen King lifted concepts and the general storyline of his Dark Tower series from DuBay’s own series, The Rook, which Bill DuBay created with Budd Lewis, in particular, DuBay’s character, Restin Dane, directly influenced King when he created his own character Roland Deschain.

    The Rook first appeared in March 1977. From that date the character appeared in Warren Magazines such as Vampirella, Eerie and Warren Presents, before being handed its own title. There are enough similarities between The Rook and Dark Tower for Ben DuBay to bring the suit, and as part of the process a few people have been deposed, including Ralph Macchio (the former Marvel editor, not the skinny actor), Jim Warren, film director Bob Gale, Ben DuBay and Stephen King himself.


    Read King's full deposition here...
    Mr. Cook kept intentionally phrasing things inaccurately. Steve and Mr. Cox didn't let Cook get away with much though. Both Cox and King called him on it.
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  22. #72
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    IDK about this lawsuit, but he has "massaged" others ideas before. Pet Semetary, comes to mind first. Poe wrote "The Monkey's Paw", which is basically the same story at its core. Koontz regularly utilized, King ideas in his books as did McCammon once or twice. I guess what I'm getting at is where do you draw the line between rip off and inspiration? That's awfully subjective, no?

  23. #73
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    Quote Originally Posted by Merlin1958 View Post
    IDK about this lawsuit, but he has "massaged" others ideas before. Pet Semetary, comes to mind first. Poe wrote "The Monkey's Paw", which is basically the same story at its core. Koontx refularly utilized, King ideas in his books as did McCammon once or twice. I guess what I'm getting at is where do you draw the line between plagarizing and inspiration?
    Author has no money - inspiration
    Author has money - plagiarism

  24. #74
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    Quote Originally Posted by Earl of Popkin View Post
    Quote Originally Posted by Merlin1958 View Post
    IDK about this lawsuit, but he has "massaged" others ideas before. Pet Semetary, comes to mind first. Poe wrote "The Monkey's Paw", which is basically the same story at its core. Koontx refularly utilized, King ideas in his books as did McCammon once or twice. I guess what I'm getting at is where do you draw the line between plagarizing and inspiration?
    Author has no money - inspiration
    Author has money - plagiarism

  25. #75
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    I am not up on the lawsuit itself, but when it comes to story telling there many ways in which authors gain inspiration. I'll use Merlin's take to illustrate a little more. Yes, Pet Sematary is clearly a "take" on The Monkey's Paw. Keep in mind it's not plagiarism, in fact King even quotes the story at the beginning of Part III, thus cuing his readers into the similarities. It's a homage to a literary form that has been around for a long time. Tales such as The Monkey's Paw owe much to the Adam and Eve story of Genesis, and the tales of Lot and Abraham in the bible as well, Frankenstein even. A Christmas Carol is essentially a retelling of Dante's Divine Comedy. In the 1500s we get the emergence of the Faust figure as a literary tradition, one that has spawned so many iterations, like Clive Barker's The Damnation Game and the Hellraiser series, the second of which is another riff on The Monkey's Paw as well. These tales of temptation are themselves all riffs on Pandora's Box. The lines get so blurred the longer story telling has been around. Does any of this apply to the merits of the lawsuit? I doubt it. I will have to look it up. Thanks for indulging me in my stream of consciousness here.

    As long as were here, I'll leave with the note that if most people agree that there are 7 story archetypes, are all stories a little plagiarized?
    1. Overcoming the Monster.
    2. Rags to Riches.
    3. The Quest.
    4. Voyage and Return.
    5. Comedy.
    6. Tragedy.
    7. Rebirth.
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