I know someone bought it. Lucky!

Sent from my iPhone

On Apr 20, 2012, at 7:16 PM, lovenoir2 <[email protected]> wrote:

> In his latest response, Dave brought up one question that I am sure
> have had many who have looked at the MPE site wondering:
> 
> What happened to to the Metropolis 3 sheet poster listing and why was
> it removed? (Is it no longer available?)
> 
> It isn't in the 'Sold Archives' section, so presumably, it hasnt sold
> (or has it?)
> 
> And best of luck, too, once the auction portion goes live.
> 
> -Kerry
> 
> 
> 
> 
> On 4/20/12, David Kusumoto <[email protected]> wrote:
>> 
>> 
> 
>> * Sean - That was a very thorough and well-written e-mail.  Thanks.  I hope
>> this is the last e-mail I have to write about this subject.
>> 
>> * Cut to the chase:  GavelSnipe's terms and conditions were modified
>> yesterday as a result of recommendations by ME (via another MoPo pal) to Jim
>> Halperin, who is Heritage's co-chairman (whom I've met and know personally).
>> Visit http://www.gavelsnipe.com/policy_terms.php - and please note the new
>> paragraph that was added during the last 24 hours.
>> 
>> * As to my involvement, people keep focusing on the errant impression that
>> GavelSnipe is being used nefariously.  That wasn't my original "angle."  It
>> evolved and "turned" that way after I was hit with a lot of private e-mails
>> after my first post, including one from within Heritage itself.  As Kirby
>> noted, any automated proxy system is subject to abuse under certain
>> circumstances.  I think Heritage is an honest company and I myself have no
>> concerns about being "run up" on a sale.
>> 
>> * I just think that it looks better if an auction house partners with a
>> third party sniping company than owning one outright.  You yourself,
>> although you glaringly did not mention it - know that "one of many reasons"
>> you and Peter chose NOT to own a sniping company - and went with GavelSnipe
>> for your MoviePosterExchange.com site - is because you guys wanted to ensure
>> your customers would know "that there would be no funny business."  In my
>> view, you made the right choice going "third-party."  For me, it's all about
>> transparency and removing the "appearance" of potential impropriety.  I may
>> have arrived six years "too late" to this, but news is still "new news" - if
>> information previously undisclosed by GavelSnipe - is revealed for the first
>> time to most consumers.
>> 
>> * If I was a true detractor of Heritage, I could've easily pored through its
>> 10K and 10Q filings online with the SEC to find more dirt.  I've already
>> gotten e-mails (remember, every reporter's best sources are "disgruntled
>> employees and disgruntled ex-spouses") - which suggest how Heritage might
>> use the info it gathers from GavelSnipe, which is run "in-house" - and that
>> its chief runner is a guy named Ryan Sokol, who's on the Heritage payroll -
>> with a dedicated Heritage e-mail address and phone.  Information IS/WAS
>> being shared.  I just have to be careful and "vet things out" because I
>> require more proof, e.g., specific incidents with dates, lots and - the
>> names of department personnel who've allegedly visited GavelSnipe and come
>> out with sheets filled with "intel," e.g., "reports" which reveal which
>> items will go "big" and which bidders spend more.  The competition between
>> departments is a little intense and the culture is loose, perhaps too loose
>> for a publicly traded company.
>> 
>> * I'm 100% sure that if I carried a grudge, I could still make the
>> relationship between the two entities - front-page news based on the
>> information that has poured into my damn e-mail box since my first post the
>> other day.  But I'm not the same rabble-rouser who routinely took down the
>> NY and London auction houses a few times, armed with my list of national and
>> international editors.  I'm pretty persuasive because I think like a news
>> guy and they all know it.  I know how to package stories.  This is what I do
>> for a living.  I'm generally a civil guy who's in an ugly business.  I could
>> have a lot of fun, for example, with how your $850,000 "Metropolis" was used
>> by you guys as a publicity stunt - and explore why it's no longer plastered
>> on your website for sale.  Without the lure of "Metropolis," there would be
>> no stories in the Hollywood Reporter or elsewhere.  You'd be buying ads
>> instead.  As far as Heritage, a big reason why I haven't moved forward (and
>> won't unless the chatter continues or someone gets in my face), is because I
>> personally LIKE Grey and Jim Halperin.  That makes a huge difference - and
>> reveals why I went after FedEx, Sotheby's and Christie's "back in the day."
>> In those cases, I didn't like their people and their attitudes toward
>> "non-VIPs."  So I went after them.
>> 
>> * Finally, you rhetorically ask why a nearly billion dollar company would
>> risk so much by doing something small - that's exponentially more harmful?
>> In my view, that's a little naive.  History is strewn with the carcasses of
>> people whose reputations have been ruined - because of "minor infractions"
>> in gigantic companies.  Specific to auction houses, all I have to do is to
>> cite the price-fixing and collusion convictions that sucked Sotheby's and
>> Christie's into a whirlpool of unwanted media attention - leading to firings
>> - and jail sentences - for Sotheby's majority owner Alfred Taubman and CEO
>> Diana Brooks, the latter who avoided prison by testifying against Taubman.
>> 
>> * I didn't want to be involved in this.  I've got better things to do.  But
>> because of my relationship with Grey and Jim - I'd rather things be "cleaned
>> up" - so that shit NEVER hits the fan.  This is why yesterday, my
>> recommendations - which are designed to help put Heritage in a "less"
>> vulnerable position - were provided to Jim Halperin - and the first steps
>> aimed at shoring up the walls between GavelSnipe and Heritage - are being
>> made as we speak. -d.
>> 
>> Date: Fri, 20 Apr 2012 20:23:08 +0000
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest? Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> When
>> Peter and I (who by the way are the sole owners of
>> MoviePosterExchange.com) were first talking about adding a sniping
>> capability to our website we investigated and contacted several
>> companies to see if we could find a good fit. One of the first things we
>> found out was that most companies had no interest in adding any
>> affiliates (certainly not JustSnipe that David mentioned), and those
>> that would still charged members for their services (either by way of
>> monthly/yearly fees or by purchasing snipe bids in bundles).  We were
>> determined to keep costs as low as possible for our customers and were
>> not satisfied with these answers.
>> Then we talked with GavelSnipe.
>> The
>> GavelSnipe story as we understand it is that they were a company
>> offering eBay snipes and struggling to stay afloat finding affiliates to
>> work with when Heritage stepped in with some needed capital and
>> partnered with them to offer exclusive sniping capabilities for
>> Heritage’s auctions (and this happened 6 years ago, certainly a very old
>> story for newshound David Kusomoto to finally dig up).
>> To me this makes Heritage more transparent rather than less.
>> Would
>> you rather Heritage offer sniping capability in-house? Would it make
>> you feel better entering your snipes directly on Heritage’s website? Or
>> perhaps they should have partnered with one of the dozens of companies
>> that has gone out of business in the past few years? How would it look
>> to their 700,000+ members to tell them they are changing sniping company
>> affiliates again? Of course it is better for them to partner with a
>> company and have stability in this area.
>> The
>> issue of Heritage peering into your high-bids and shilling you up to me
>> is a non-issue. Nearly all of Heritage’s most expensive items are
>> offered in their signature auctions – which you CAN’T snipe. So it’s not
>> even applicable to a majority of their revenue.
>> Yes,
>> Heritage auctions thousands of items a week through their different
>> divisions. But is the risk/reward worth it to break the law this way?
>> Let’s say you have placed a $250 snipe on an item that would have
>> naturally ended at $200 without shilling. Heritage’s buyer’s premium  on
>> this extra $50 bid is less than $10. The risk? Potential treble damages
>> on a multi-million dollar class-action suit and the loss of license. Is
>> that worth it for a company that does almost a billion dollars a year?
>> My guess is no. But you would have to draw your own conclusions.
>> Remember
>> Heritage is a licensed auctioneer. They are subject to review and
>> regulations. The main reason we have not started auctions on our site
>> yet is that we had to finish the certification required for our state. I
>> believe we are the only company that deals exclusively in Movie Posters
>> that will be a licensed auction firm. To us this is an important
>> distinction. We will be subject to the laws and penalties of the state
>> of North Carolina (which have some of the strictest regulatory laws in
>> the country when it comes to auction houses) and wish to be as
>> transparent as possible in our dealings.  I don’t believe any other
>> weekly poster seller (besides Heritage) can say the same.
>> So
>> for us, partnering with GavelSnipe made good sense. We are branding
>> ourselves with the company that provides sniping service to the two
>> largest movie poster portals in the world (eBay and Heritage) We have
>> paid GavelSnipe to integrate our software with their site and pay them a
>> monthly fee so that we can keep the service free for our customers.
>> Bruce
>> you are correct when you suggest that we would like to shield our
>> customer accounts from Heritage, or any other dealers for that matter.
>> You know this from when you offered to list items on MoviePosterExchange
>> but requested you be allowed to ship directly to the customers. We
>> certainly appreciated the offer of support, but ultimately we chose our
>> customers privacy and security over being able to have your items listed
>> with us, and if we suspect that Gavelsnipe has violated the trust we
>> have placed in them (which we have no reason to believe will happen) we
>> will pursue the matter to the fullest extent of the law.
>> As
>> for the answer to Dave’s final question: “Who signs Gavelsnipe’s
>> paychecks?” I know that the answer to that lately has been that I have.
>> Date: Thu, 19 Apr 2012 00:51:28 -0700
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest?  Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> 
>> 
>> 
>> 
>> Ha-ha, Rich.  In sum - I could be wrong on some of these, but as far as I
>> know:  eBay doesn't own a sniping company.  Sotheby's doesn't own a sniping
>> company.  MoviePosterExchange.com doesn't own a sniping company.  Bonham's
>> doesn't own a sniping company.  Christie's doesn't own a sniping company.
>> Profiles in History doesn't own a sniping company.  eMoviePoster doesn't own
>> a sniping company.  The reasons are economic - and also because of how it
>> would look to consumers, regulators and politicians.  If ONLY DEALERS have a
>> blind spot about this, I'm not surprised.  Or, shoot, this could all just be
>> a "specific-to-Texas" anomaly.
>> 
>> Date: Thu, 19 Apr 2012 00:30:15 -0700
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest?  Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> 
>> 
>> There's no story here, move
>> along.
>> 
>> Date: Wed, 18 Apr 2012 23:27:52 -0700
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest?  Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> 
>> 
>> 
>> 
>> * My goodness, Dale, there are so many huge holes in your rebuttal that I
>> could fit a freight train through each one without touching any of its
>> sides.  But why bother?  In my view, you need to reboot your writing skills
>> and come up with a debating strategy more substantial than, "what you're
>> writing about is fire and brimstone over nothing and I personally think you
>> just hate Heritage."
>> 
>> * What has Heritage done to me personally that would warrant an accusation
>> like that from you, Dale Dilts, a person I know nothing about, who doesn't
>> register anything on my radar at MoPo - nor do I care based solely on your
>> inability to string words together in a way resembling intelligent thought?
>> Your note does suggest, however, that you're ignorant of what's been
>> published in the business sections of news sites since 2008.  I've already
>> disclosed that I've personally gained as a consignor and buyer of Heritage.
>> I think its movie poster department is run by an a blue-chip, top-flight guy
>> named Grey Smith, who built his operation out of nothing 10 years ago.
>> Unlike Geraldine, I'm not a disgruntled Heritage client in any way.  Or
>> maybe you, Dale Dilts, think it's classier to observe a "gentleman's
>> agreement" about things that seem odd, you know, keep everything under the
>> table where it belongs, and not stir up "trouble" - that we should all just
>> leave things with a "wink," and as you say, "move on."  I hope you're not
>> working in P.R. or in the customer relations operations of any company.
>> Because never in a million years would I hire you.  You're poison.
>> 
>> * BTW, did you know that your last line, "There's no story here, move on,"
>> is the CLASSIC cliché rebuttal that editors mock every day in newsrooms
>> around the world?  When ANY person utters it, it means there IS a story.
>> Didn't you get the memo that I've been on both sides of this ugly business -
>> and have professionally handled "conflict of interest-type stories" as a
>> news guy - and as a P.R. guy?  You really think a story about this - would
>> NOT resonate with a news editor?  Really?  You're the one who's not thinking
>> this through.  And I'm sorry, but your line, "There's no story here, move
>> on" - sounds like famous last words etched on a tombstone.  You sound like
>> Richard Nixon. -d.
>> 
>> Date: Wed, 18 Apr 2012 21:47:32 -0500
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest? Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> OK, I tried to put these mails on auto flush, but come on stick a pin in it,
>> who cares.
>> 
>> Heritage is in the auction business last time I checked. Ebay allows people
>> to use their API to build sniping programs because it makes bidders feel all
>> warm and fuzzy making bids, so why shouldn’t Heritage pilot their own with a
>> smaller user base.
>> 
>> These mails have really  come across to me as you have a chip on your
>> shoulder for heritage plain and simple.
>> 
>> Your second point makes no sense to me at all.  Banks cannot own investment
>> companies, soft drink companies cannot own a snack company. Oh my god,
>> Disney owns ABC and ESPN and don’t forget…. Marvel Comics… the sky is
>> falling.
>> 
>> There is no story here, move on.
>> Date: Wed, 18 Apr 2012 15:26:23 -0700
>> From: [email protected]
>> Subject: Re: Potential Conflict of Interest?  Is Gavel-Snipe owned by
>> Heritage?
>> To: [email protected]
>> 
>> 
>> 
>> 
>> 
>> Thanks, Kerry, for that bit of info below.
>> 
>> * Meanwhile, I'm sorry, but the word, "conspiracy" implies seamy dealings
>> involving more than one person or companies gaming a system or flouting a
>> law.  I haven't suggested that about Heritage.  And as an ex-news guy, my
>> litmus test is to demand things in writing - or to get personal testimonies
>> backed with dates, numbers and other facts - not conjecture.  Every company
>> or person, including Heritage, deserves that.  Kerry's sleuthing shows that
>> Heritage registered the GavelSnipe domain name - but this doesn't
>> necessarily mean it still owns it.
>> 
>> * However, whether Heritage is a "financial backer or an owner" - always
>> matters in the world of business - in the same way that it matters to us
>> that Bank of America owns Merrill Lynch, that PepsiCo owns Frito-Lay, that
>> Disney owns ABC and ESPN, that ComCast owns NBC and that Rupert Murdoch owns
>> the NY Post, Fox

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