Little bit of Lawsuit info. First, the lawsuit has to be filed in the place where the alleged "action" took place or where the defendant resides. So unless you live in upstate NY Loce has to go to whatever state you live in, hire a lawyer and begin by paying someone to handle this for him. Highly unlikely. Second, his exposure, if these are found to be frauds, would likely make him the subject of several other lawsuits. But lets be realistic here. What are your damages for buying a fake poster... and what are his damages in lost sales for being "alleged" to have been outed for selling reprinted posters. I mean has any one ever quantified what one loses in the way of sales of fake posters. Who would be the experts here? Professor fake O ? Is he going to bring someone in from Miramax? Which would mean issuing third party subpeonas, hiring another lawyer in another jurisdiction, retainer!
fees, depositions, court reporters, witness fees, air line costs, overnight costs, etc.... lots of costs in the thousands to prove you've lost a few hundred dollars? I saw him in chicago at the Ray Courts memorabila show, its been a few years but I think he was a long haired hippie freak.... had the pile of inserts from films over a 20 year time period, all printed on the same minty white tyveck like paper.... sets of lobby cards galore printed on the same paper... I bought two sets printed 20 years apart.... turn them over and you could mix them up and not tell one card from the others. Use your own judgement on this stuff.
-----Original Message-----
From: JR <[EMAIL PROTECTED]>
To: [email protected]
Sent: Mon, 26 Jun 2006 03:56:14 -0400
Subject: Re: [MOPO] Lawsuit threatened... again?
He does this every time anyone says anything publicly about him selling his reproductions as originals on eBay. He even scared people into shutting down the Movie Poster Talk Bulletin board last year over this, which is too bad because it just encourages him to keep making these idle threats. But he is talking out of his hat. Oh sure, anybody can file a lawsuit over anything if you want to pay the lawyer and the legal fees to file -- the question is can you win or will the judge just throw out your case as groundless or even decide it is a "nuisance" suit and fine you for wasting the courts time by filing it in the first place?
The key legal point here is that since he is putting the claims about his posters up in public on eBay, that places them "in the public eye" and makes them subject to public comment, negative or otherwise, and leaves him no legal recourse to what might be said about them in public. Otherwise, how could a movie reviewer ever say anything bad about a film in his review? You are merely offering your opinion on a public issue and are entitled to do so. Free country and all that. Interesting to note that he always chooses to threaten to sue someone who challenges the authenticity of his reproductions rather than show us proof they are authentic. And ... yes... they ARE REPRODUCTIONS... and he knows it full well and so do the rest of us.
Care to try and sue me? Bring it on.
-- JR
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