[Herm the Germ]

Can't he, I'unno, just fall back to Star Trek or some such, like he used to?

[Sonic Warrior TJ]

What fine print does this dribbling idiot think he's reading that says he's the sole owner of somebody else's characters? What part of "work he made during his time at Archie is totally SEGA's property" does he just not understand?

This post has been edited by Sonic Warrior TJ: 02 December 2011 - 10:18 AM

[Candescence]

Oh, for fuck's sake. This is just becoming increasingly retarded.

[Kampfer]

This is silly and frivolous. I have not read the whole topic (so correct me if I'm misstating anything), but basic copyright/agency law wins the day here. When you create content for a corporate principal, for profit, typically there is an express or implied understanding that you are making content for the principal and not for yourself. Therefore, you have no rights to the content once you break ties. If you don't want your creative freedom taken away, either don't leave the company or don't work for it to begin with. His actions after his leaving of Archie also breaks basic agency law. When you leave employment from a principal, there is typically no duty not to compete (IE: he can make other comics as far as the day is long). However, you also have a duty not to mess with the business of your former principal by afterwards by doing things like stealing trade secrets or sabotaging your former employer's goodwill, and here by trying to take back IP that was never his, he's creating problems for his former employer to carry out its business

Any court will see he's acting in bad faith. His lashing out won't get him far.

[Metal Man88]

So far it seems like Ken is just becoming more and more delusional.He should realize that he could have probably created his own original series by now, made it heavily like the old without infringing copyrights and just continue on with his life.

But instead he has to have those specific characters and as such is headed for a brick wall.

[Tylinos]

So, another new claim from Penders regarding why he's suddenly doing this:

Quote

The Federal Government recognizes the documents I have, therefore I have standing. ACP is not suing me for the copyrights because they have no standing in that regard, which is where a lot of people get confused over this matter.

Let me make this explicitly clear: ACP does not, has never and will never own anything published within the covers and pages of any SONIC or SONIC-related comic except for the actual books themselves. They have no claim to any of the characters, concepts and stories that the fans enjoy. There is no © Archie Comics anywhere on any of those books for precisely that reason.

As for why now, let's just say we're at a stage where I'm confident I will prevail moving forward with my work.

A reply from someone else:

Quote

If you want Archie to stop using your stuff like your characters and concepts and whatnot and have the authority to do such a thing, I ask you, as a fan, to at least let them come up with a good way to write those concepts out of the story, finish up storylines, complete character arcs, stuff like that.

Ken again:

Quote

I don't have a problem with that, but ACP would have to pay me for the right to do so, otherwise they would have no choice but to cease using everything I created immediately. That's what the current litigation is all about. Unless BOTH parties are willing to arrive at a solution, it ain't gonna happen otherwise.

I'd love to reply asking him about this, because it seems he's claiming Archie Comics has already said that he's the rightful owner of the characters he's claiming, but it really looks like I've been banned from posting there. (Which is weird considering the only thing I ever did there was have a short argument with the guy regarding James Bond over a year ago. And this inability to post didn't start until just recently.) Anyone else want to ask him about it?

[Vinchenz]

If I understand this correctly, Archie doesn't own Sonic, the characters, or the stories that happen in these comics.

So I wonder when SEGA will come in and bitch slap Ken Penders for infringing on THEIR property that Archie has permission to use?

[Andlabs]

He probably hasn't actually done anything until now, meaning there's no base for Sega to sue over other than falsifying a claim (which probably gets them less money than an actual infringement — note I am not a lawyer). Anyone notice how this hole thing has stayed dormant until now? :/

Does anyone have a Justia account so we can find out the status of the lawsuit(s)? Or should I do it myself? :/

This post has been edited by Andlabs: 02 December 2011 - 04:59 PM

[Sodaholic]

Why is a full grown adult man acting like a little bitchy child over these characters? The Chris-Chan comparison really does have merit.

[ICEknight]

The current situation feels like a parody of itself... I find it surprising to see some fans supporting him on this, but I suspect they might be too young to know what's really going on.

[Aquaslash]

Quote

Let me make this explicitly clear: ACP does not, has never and will never own anything published within the covers and pages of any SONIC or SONIC-related comic except for the actual books themselves. They have no claim to any of the characters, concepts and stories that the fans enjoy. There is no © Archie Comics anywhere on any of those books for precisely that reason.

As for why now, let's just say we're at a stage where I'm confident I will prevail moving forward with my work.

No freakin slag, Sherlock. It only says in every friggin issue that SEGA owns everything in the book. I like how he thinks he can produce this work with these blatant Sonic the Hedgehog characters. I wish SEGA would just lay down the law already and get this over with.

[MastaSys]

Wow the man is desperate to destroy what's left of his professional life.
Jeez if I was on his position of "if I REALLY wanted to use the characters and setting" I just would create expys of my own to use them as I liked without any problems.

But really now I find Sonic Live! a good sample of his personality.

This post has been edited by MastaSys: 02 December 2011 - 07:28 PM

[muteKi]

The Lara-Su image pretty much ties it all together. Penders has unlocked big-head mode.

[Lanzer]

Can't wait for SEGA to trample all over this guy. He should just move on from this all together before that happens.

[Mercury]

If he wants to write about the characters so much, he could get a "real" job to support himself and just write fanfiction... it seems like the best thing to do when one wants to use someone else's characters.