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Border Model's Statement Regarding Lancaster Legal Issues


LSP_Kevin

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30 minutes ago, monthebiff said:

Radu, I agree, you know the industry and how it works but you don't know WnW payment terms with their supplier do you? Or do you? So therefore quite a lot of work could well have been done which equalls tens of thousands of dollars of work done in advance of payment which never materialised? Happens all the time in business doesn't it, a customer keeps placing orders and have paid their invoices before but but then things start to go wrong and suppliers not getting paid until they are screaming and putting accounts on hold. Maybe WnW were spreading their mold tool work around quite heavily for this very reason. Maybe I'm wrong but look at the Dr.I?

 

Regards. Andy 


Well, I can turn all of these questions right back at you. :D 
Yes, there are “dodgy dealers” in this industry, and maybe WNW is one of them. I don’t know that, but I doubt it. If WNW owed me money I would Google “law firms in New Zealand” and ring the first number that pops up. I am sure that there are law firms in New Zealand that would cherish the chance to take a swing at Peter Jackson. 
Of all the options available to the workshop, selling the moulds was the worst choice. 
Radu

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How relevant is what happened/ what isn’t going to happen in China if it’s a no go zone for IP and international law. 
Isn’t the main battleground going to be PJs lawyer’s ability to stop them exporting to any other country making it financially unviable for Chinese or other countries to do this to WNW kits without their say so? So successfully threatening distributors and eBay etc.

 

Just my layman’s read of it

Edited by Pup7309
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5 hours ago, Radub said:

However, as Border explained in their post at the top of this thread, the workshop did not complete the work and sold the mold before they finished the work that they were contracted to do. Border explained in great detail that they had to finish the work.

It’s difficult to finish the work when the entire team behind the design gets fired. From the standpoint of the tooling shop there was and is zero prospect that WnW would re-engage to finish the tooling, in which case they would be out for tens if not hundreds of thousands for work done.

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1 hour ago, Radub said:

I don’t know that, but I doubt it. If WNW owed me money I would Google “law firms in New Zealand” and ring the first number that pops up. I am sure that there are law firms in New Zealand that would cherish the chance to take a swing at Peter Jackson. 
Of all the options available to the workshop, selling the moulds was the worst choice. 
Radu

Google “Donald Trump lawsuit,” the guy would use his lawyers to deny and delay until the suing firm, and there were hundreds of contractors he stiffed, either gave up or, often, went out of because because of the unpaid bills. Filing suit against Peter Jackson, one of the richest people in New Zealand carries the same risk for anyone without very deep pockets and the willingness to likely wait years for a resolution.

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3 hours ago, Radub said:

No single workshop in the whole wide world would even contemplate starting the work on a tooling without an advance payment. 

Radu 

Obviously, but without the final payment, the company contesting the work owns precisely zero of the finished tooling.

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4 hours ago, DrewH said:

None, but that isn't the real issue. In my opinion, WNW legal is buying time to take the mold manufacturer to court in an attempt to deem the sale wrongful to stop Border

PJ doesn’t want to stop Border because he’d then still have to pay for the tooling and WnW is no longer a going concern to produce the kit. He wants a share of the sales of the kit. This is about money he thinks he’s owed.

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2 minutes ago, VMA131Marine said:

Obviously, but without the final payment, the company contesting the work owns precisely zero of the finished tooling.

So for the layman it’s like buying a house or anything, you can ‘buy’ it but if you don’t make payments it gets repossessed. Except this has some degree of IP which as established don’t mean squat there. But does to the places potentially exported to

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4 minutes ago, VMA131Marine said:

PJ doesn’t want to stop Border because he’d then still have to pay for the tooling and WnW is no longer a going concern to produce the kit. He wants a share of the sales of the kit. This is about money he thinks he’s owed.

So Border will realised they are blocked and might as well pay him off rather than get involved in big law suit. 

So best case for WNW no one makes it without consent or if not they pay for it. 

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If this does go to court, there will be no winners, the costs will only be added to the kit,which may not ever be released. Then there's the appeal process to consider, too. Knowing the actors in this, I'm almost inclined to buy a kit out of support for Border. But then, I'd want to add a crew, too. Good bye close to 1k in model budget.

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2 hours ago, VMA131Marine said:

PJ doesn’t want to stop Border because he’d then still have to pay for the tooling and WnW is no longer a going concern to produce the kit. He wants a share of the sales of the kit. This is about money he thinks he’s owed.


I doubt that SPJ is concerned about the cash, he’s got more cash than one could reasonably expect to spend on hookers and coke in a lifetime, but he does have an ego to protect, he commissioned the R&D  on the Lancaster, a pet project of his, so I’m not surprised that he wants to defend his IP.

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Wow.  Ten pages in three days.  You'd think it was about a new Tamiya release!!  But after wading through this lot, I'm mostly confused as to who did what, owns what, and have no idea as to the likely outcome.

 

But I don't care as I was never going to buy one anyway.  Just thought I should say something on this, as everyone else has. :lol:

 

 

Cheers,

Michael

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