MGM Faces Class Action Over James Bond Box Set Missing Two B

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MGM Faces Class Action Over James Bond Box Set Missing Two B

PostSun Apr 09, 2017 9:19 pm

http://www.hollywoodreporter.com/thr-esq/mgm-faces-class-action-james-bond-box-set-missing-two-bond-films-992172

MGM Faces Class Action Over James Bond Box Set Missing Two Bond Films

April 07, 2017 3:09pm PT by Eriq Gardner

The packaging said: "All the Bond films gathered together for the first time."

In what will surely be the most entertaining class-action lawsuit filed this year, MGM Studios and 20th Century Fox Home Entertainment must contend with a James Bond completist upset with the DVD box set she purchased.

In Washington, Mary Johnson is suing on behalf of herself and others similarly situated who bought the box set upon packaging that stated "All the Bond films gathered together for the first time" only to be disappointed by the absence of Casino Royale (1967) and Never Say Never Again (1983).

Those two films, of course, have a special place in Bond lore.

Casino Royale, the original one, was actually a spoof starring, among others, Woody Allen, Peter Sellers and Orson Welles. It was a Columbia Pictures film, not a 007 flick produced by either Eon Productions or MGM.

The story of Never Say Never Again is even more intricate, the result of a thorny rights dispute between MGM and Danjaq LLC on one side and the estate of Kevin McClory on the other.

McClory, a screenwriter who worked with Bond author Ian Fleming in creating Thunderball, which then became a Fleming novel, later claimed co-authorship and the creation of characters and elements. McClory then wanted to make his own Bond films, and in 1983, a London court allowed him to do so. So as Octopussy, starring Roger Moore came out, McClory's company was able to release Never Say Never Again, which in a twist, starred Sean Connery reprising the role that made him famous.

In 2013, the long fight over Bond rights was settled, but not in time for the 50th anniversary DVD box set titled Bond 50, Celebrating Five Decades of Bond 007, which Johnson purchased for $106.44.

According to Johnson's complaint, removed to federal court on Friday, the Bond franchise has generated close to $3 billion in sales from home entertainment, but her lawyers have identified an alleged violation of Washington's Consumer Protection Act and a claimed breach of warranties.

Maybe analogous to the recent class action against Wise for allegedly underfilling potato chip bags, Johnson says she "did not receive the product she was led to believe she purchased. The representations that Defendants make on the James Bond sets are false, mislead consumers (and Plaintiff in particular), and constitute unfair and deceptive business practices in violation of applicable law."

It's not just that the box set is missing two films.

"Despite representing that the Sets contain EVERY charismatic star, David Niven, the 'charismatic star' of Casino Royale is missing from the Sets," states the complaint. "David Niven was James Bond creator Ian Fleming's first choice to play James Bond in the James Bond movies."

MGM now owns distribution rights to Casino Royale and Never Say Never Again, according to the complaint.

Attorney Alexander Kleinberg at Eisenhower Carlson is handling the proposed class which demands actual damages, punitive damages and more. John Devlin is representing the defendants.

In a statement to THR, MGM says, "The James Bond DVD and Blu-ray collections, which clearly list the included films, have been enjoyed by millions of satisfied consumers around the world. We intend to vigorously defend against these frivolous claims."

From the court papers, here's a picture of the box set's promotion:
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostSun Apr 09, 2017 10:27 pm

Vexatious litigation.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostSun Apr 09, 2017 10:52 pm

If I bought that set and found out 2 films were missing the pain and suffering I would feel would be agonizing. I probably would never be able to ever work again. In fact, just thinking about it is causing me deep emotional injury. I better call Saul.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 5:43 am

Obviously the person filing the lawsuit doesn't know her movie history.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 6:06 am

Effects would include loss of consortium and flatulence.

Bob
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 7:43 am

And people say the courts are clogged up with pointless lawsuits.

Lucky she didn't find out about OPERATION DOUBLE 007 aka OPERATION KID BROTHER aka OK CONNERY, she'd be even madder.

I'd say to her, why let a little setback like this knock The Living Daylights out of you? Sure, life is a real Thunderball, but the way I see it, You Only Live Twice, so Live and Let Die. Or at least Die Another Day. Then again, Tomorrow Never Dies.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 8:05 am

The Blackbird wrote:Lucky she didn't find out about OPERATION DOUBLE 007 aka OPERATION KID BROTHER aka OK CONNERY, she'd be even madder.

Yeah, she'd miss out on a great theme song by Ennio Morricone! And more Daniela Bianchi is never a bad thing...

(But the movie does stink on ice.)
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 8:11 am

s.w.a.c. wrote:
The Blackbird wrote:Lucky she didn't find out about OPERATION DOUBLE 007 aka OPERATION KID BROTHER aka OK CONNERY, she'd be even madder.

Yeah, she'd miss out on a great theme song by Ennio Morricone! And more Daniela Bianchi is never a bad thing...

(But the movie does stink on ice.)


Ironically, I kind of like it better than a lot of the "real" Bond films....
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 11:36 am

I bought that set and I was upset it didn't include Get Smart and Man From UNCLE
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 11:47 am



This kinescope from the Climax TV series also was not included. Yes, that is Peter Lorre.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 10, 2017 10:18 pm

The trial is shaping up to be quite interesting. She's hired Derek Flint and Matt Helm to represent her, while MGM is represented by Jim West and Artemus Gordon. Diabolik is the presiding judge, Remo Willimas is the court clerk, they've called Adam Chance (Agent for H.A.R.M.), Bart Fargo (from DANGER DEATH RAY!) and Secret Agent Super Dragon as character witnesses, and the jury consists of Napoleon Solo, Illia Kuryakin, Jim Phelps, Cinammon Carter, Rollin Hand, Barney, Willie, Paris, Dan Briggs, Dana Lambert, Lisa Casey and that guy Yul Brynner played in THE DOUBLE MAN.
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostMon Apr 17, 2017 10:56 am

Alternate jurors? Ernst Stavro Blofeld and John Drake.
CURSES!
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostThu Apr 20, 2017 6:14 pm

And now it looks like the next big legal battle will be over who gets to make the next James Bond film: http://www.screendaily.com/news/five-studios-competing-for-james-bond-rights/5116971.article
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Re: MGM Faces Class Action Over James Bond Box Set Missing T

PostSun Apr 23, 2017 5:59 am

Some people just want the world, but The World Is Not Enough.
Sounds like they need to send in Daniel Craig to "clean house." Class dismissed!

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