This is just a mini-update, stay tuned later today for more (OMG, what a cliffhanger!).

Fox and WB are working on a settlement over the Watchmen case, and have requested a conference with the judge at 3:30 today.

WHEREAS, the parties are continuing to address a few remaining settlement issues; THEREFORE, the parties, through their respective counsel of record, jointly request as follows:
1. The parties request a hearing on January 15, 2009 at 3:30 p.m. (preferably in chambers) to report on a final resolution or, alternatively, to discuss how to proceed on January 20, 2009. [court papers, via IESB]

Sounds like they’re close to a deal, but we’ll have to wait until later today to find out.  They claim to have been working out a settlement since December 29th.  How could it possibly take them this long?  I’ll bet anything that the lawyers are in a room somewhere taking bong rips and playing Smash Bros while they see how many hours they can bill.  “Okay, I’m back with the chicken wi– hey! Bob, did you steal my seat?”  “Sorry, dude, section 69 of the bro code says you have to call ‘Golden’.  Pound the rest of your beer.  And another one for chiefing me yesterday when my shoes were clearly off.  Not cool, dude, not cool.”

Sources familiar with the dealmaking say Fox and Warner are close to a settlement over the rights to Watchmen, according to the Hollywood Reporter.  WB had originally requested this Friday’s injunction hearing be moved up to Monday, but then changed their minds when negotiations between the two companies began going well.  It now seems likely that the March 6th release will move forward as planned.

I bet how this went down was that the two lawyers were all up in each other’s faces and the WB lawyer was all like, “We made this movie! All you care about is making money!” and the Fox lawyer was all like, “It was our movie! You had no right to make it!” and then the WB lawyer was all, “I can’t even look at you!” and Fox was like, “I hate your guts!” and then all of a sudden they both throw down their briefcases and start making out and tear each other’s clothes off right there on the conference table.  And then the judge would come by to see how things were going and the windows would be all fogged up and he would just look at the camera and go, “Huh, guess I’d better come back later.”  I don’t about you guys, but I have a huge boner right now.

Read the rest of this entry »

The latest news on the Watchmen suit is that Judge Feess will meet with the principles tomorrow to decide whether the hearing will take place on the 20th, as originally scheduled, or Monday as WB has requested.  The hearing will determine whether to grant Fox’s request for an injunction to block release of the film.

Warners cites a precedent-setting decision involving eBay that says a plaintiff in a copyright-infringement case must, among other things, prove that it will be irreparably harmed without an injunction and that money damages will not be an adequate remedy. Fox claims that the eBay case does not apply in this instance and that Warners’ infringement of its rights entitles it to stop the release.

If the injunction is granted, Warners would be barred from releasing the film, though it likely would appeal immediately [Appeals = more trials and hearings, movie probably not coming out for some time]. Feess has encouraged the parties to settle the dispute. [THR]

Meanwhile, WB put out this new featurette about The Minutemen.  They’re just like the border-vigilante Minutemen, except they wear costumes and don’t hate Mexicans.  Coincidentally, Minute Man is also my girlfriend’s nickname for me.  I think it’s cuz I’m her superhero!

[More pictures at TotalFilm]

The latest development in the Watchmen case is an agreement by both sides to limit the next step of the case to the question of whether Fox has the right to block the release of the movie, to be decided by Judge Gary Feess.

If Fox were to prevail, the film would likely not be released without a settlement or action on appeal. The current date for the next hearing is set for January 20th, but Warner Bros., citing the urgency of resolving the matter, has asked for it to be moved up to next Monday, January 12th. –Newsarama

It would seem that Fox wouldn’t stand to gain from actually blocking or delaying the release of the film, but if the judge gives them the right to, it would be a hell of a bargaining chip in their negotiations for a settlement. And though it’s still in Fox’s interest that the movie make the most money possible, who knows how long it could take them to come to an agreement.  What we really need is Matlock.  He could come in wearing his seersucker suit and put a Fox Exec’s niece on the stand.  She’d look all sad and suddenly there’d be a human face on all this legal mumbo jumbo.  Without high-falutin’ talk or a fancy law degree, he’d use his folksy wisdom to make us realize that it’s the shining faces of all the nieces and nephews out there that really matter.

*puts on suspenders and green visor*
Okay, so the last we heard on the Watchmen suit was that the judge had ruled that Fox is entitled to “at the very least, the right to distribute the ‘Watchmen’ motion picture,” and was trying to urge both sides towards a settlement.  Today, WB issued this statement:

“We respectfully but vigorously disagree with the court’s ruling and are exploring all of our appellate options. We continue to believe that Fox’s claims have no merit and that we will ultimately prevail, whether at trial or in the Court of Appeals.”

It’s important to note that if WB goes the appeal route rather than trying to work out a settlement with Fox, this process will take forever. However, most observers say both sides are just talking tough in order to get more favorable terms in the settlement. Judge Feess says he will still hold a trial January 20th to determine damages, how far Fox’s rights extend, and – THIS IS KEY – whether to block the release of the movie.  WB claims it’s an opportunistic suit by Fox, Fox claims WB has a history of playing fast and loose with the rights to film properties, and countless lying sluts have alleged that I’m a premature ejaculator.  Bottom line, the longer this bullshit takes, the less money there’s going to be for them split up when everyone gets tired of hearing about this and stays home from the theater.

SEMI UPDATE: If I read another “Fox is trying to delay Watchmen!” headline I’m going to punch a baby.  Just to clarify, Fox is NOT trying to delay the release.  The judge has ruled Fox owns a piece of it. Therefore, it’s in Fox’s best interest that it be released on time since they will be making money on it.  Key piece of the article:

Monday’s events seem to be a speed bump to a costly settlement, with the hardline postures likely a strategic move for both sides more than anything else. Fox, which finally snapped a long box office losing streak with “Marley & Me,” gains most with a settlement, not a blocked release. [THR]

[Sources: THR, DHD, NY Times, Tammy]