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And Back To The Ellison/City Lawsuit...

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Admiral Buzzkill

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I thought there was an old topic concerning this but if so it's fallen off the edge of the Earth and would constitute necroposting (or I don't know how to use the "Search" function. One or the other).

Anyway, posted by Ellison as of Tuesday the 16th here:

Second "May You Live In Interesting Times" event. Tomorrow, at about 8:30 AM, Susan and one of my attorneys, John Carmichael (he of the successful AOL lawsuit, & others), will go before a judge of the California Superior Court for a preliminary conference hearing on my litigation against Pocket Books, Simon & Schuster, Sony, Paramount, STAR TREK, and about a dozen editors and apparatchiks thereto owing allegiance, in the first large step to making the gigantor ST franchise pay me what they owe me for using the elements of my CITY ON THE EDGE OF FOREVER story and teleplay. In the offing, if they choose to continue to be arrogant and non-responsive, is a Federal Suit that will make it possible for ALL past Star Trek writers--such as, notably, David Gerrold--to seek substantial reparations for 40 years' worth of pillage and greed by Paramount, et al.

Watch this space. I'm old, but not yet senile or frightened.

Harlan
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Say, how does Ellison pay his lawyer when he loses? Granted that's real infrequent...
 
So, if I read that right, this all happened yesterday? If so, was there anything on what went down?
 
Not that I can find, yet. In fact, I'm mildly surprised that this hasn't been reported more widely. Posting articles about Ellison stirring stuff up seemed as of recently to still be good for some site hits and links.
 
It will be interesting to see how this plays out and find out exactly what the terms were between Harlan Ellison and Desilu concerning "The City of the Edge of Forever" script.

What I don't understand is why Harlan is filing suit now 40 some years after he wrote this script. Plus, there is a legal concept known as laches that may cause Ellison's case to be thrown out of court. Where was Ellison's law suit when they first broadcast "Yesteryear" in 1973? Sorry, you cannot wait 40 years after Star Trek has become a multi-billion dollar franchise and the parties to the contract have passed on to claim this infrigement.
 
I followed this story on Ellison's website when the Crucible books were being published. If I remember correctly, Ellison claims that his contract gave him exclusive rights to the character of Edith Keeler as well as the Guardian of Forever. If that's the case, I hope he is successful in getting what is rightfully his. I don't mean to slight Pocket Books in any way. I read the Crucible trilogy and thought it was great, especially Crucible: McCoy. However, this might have all been avoided if someone had just contacted Ellison and asked for his blessing. Contrary to what some may think, Harlan Ellison can be a reasonable man. He just wants what is entitled to him, be it credit and/or money. I'm interested in what effect this may have for other contract writers who worked in television at the time. My understanding is that writers basically surrendered their creations to the studios at that time. Did Ellison have something other than a standard contract? If not, and he is successful in his suit, what are the repercussions?
 
Herbert said:
Sorry, you cannot wait 40 years after Star Trek has become a multi-billion dollar franchise and the parties to the contract have passed on to claim this infrigement.
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I guess that's part of what we'll find out.

It's why lawyers are able to make their living. :lol:
 
Ward Fowler said:
I followed this story on Ellison's website when the Crucible books were being published. If I remember correctly, Ellison claims that his contract gave him exclusive rights to the character of Edith Keeler as well as the Guardian of Forever. If that's the case, I hope he is successful in getting what is rightfully his. I don't mean to slight Pocket Books in any way. I read the Crucible trilogy and thought it was great, especially Crucible: McCoy. However, this might have all been avoided if someone had just contacted Ellison and asked for his blessing. Contrary to what some may think, Harlan Ellison can be a reasonable man. He just wants what is entitled to him, be it credit and/or money.
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But where was he back in 1973 when "Yesteryear" was first written and broadcast which was the time of the first infringement?
 
Herbert said:
What I don't understand is why Harlan is filing suit now 40 some years after he wrote this script. Plus, there is a legal concept known as laches that may cause Ellison's case to be thrown out of court. Where was Ellison's law suit when they first broadcast "Yesteryear" in 1973?
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Not to mention Yesterday's Son, Time for Yesterday, The Devil's Heart, Imzadi, First Frontier, Federation, The Q Continuum, Preserver, Millennium: The War of the Prophets, Engines of Destiny, "Mind-Sifter" in Star Trek: The New Voyages, "Devices and Desires" in Constellations, eight SNW stories, and a few comics stories.
 
Paramount may throw him a few bucks to make him go away, but other than that I doubt he'll be particularly successful in this. Then again, I'm not a lawyer, so who knows?

Also, how did Gerrold's name get dragged into this? Does he have some gripe as well about Paramount using tribbles or something?
 
I agree that it's curious that he is only now claiming his supposed right to the characters. However, he has a pretty good track record of winning these sorts of cases, which means he usually knows what he's talking about.
 
Also, how did Gerrold's name get dragged into this? Does he have some gripe as well about Paramount using tribbles or something?
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That may relate back to Gerrold's role in the creation of Star Trek: The Next Generation and the various WGA claims made thereto.
 
I am all for artists being fairly compensated for their work, but it seems as though Harlan's experience with "City on the Edge of Forever" has led him on a life-long crusade against Star Trek.
 
Starship Polaris said:
I thought there was an old topic concerning this but if so it's fallen off the edge of the Earth and would constitute necroposting (or I don't know how to use the "Search" function. One or the other).
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IIRC that thread was either in General Trek or the TOS forum and not in TrekLit.
 
Ward Fowler said:
I agree that it's curious that he is only now claiming his supposed right to the characters. However, he has a pretty good track record of winning these sorts of cases, which means he usually knows what he's talking about.
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He does, doesn't he?


Herbert said:
...it seems as though Harlan's experience with "City on the Edge of Forever" has led him on a life-long crusade against Star Trek.
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No.

As for what's "fair," I guess a court will determine that.
 
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