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MGM Sued over Two Films Missing from James Bond Box Set

Sanjuro

Member
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https://www.google.com/amp/variety....-bond-dvd-box-set-mgm-lawsuit-1202515941/amp/

In a victory for James Bond completists, a federal judge has refused to dismiss a proposed class action suit alleging that MGM and 20th Century Fox deceptively marketed a James Bond box set.

Mary L. Johnson, of Pierce County, Wash., purchased one of the box sets from Amazon in February of 2016 for $106.44, only to discover that “Casino Royale” (1967) and “Never Say Never Again” (1983) were not included. She filed a lawsuit in April, accusing MGM and 20th Century Fox Home Entertainment of violating Washington’s Consumer Protection Act and breach of express warranties.

Judge Ricardo S. Martinez issued a ruling on Thursday dismissing parts of the complaint, but allowing the substance of the allegations to move forward. Martinez’s ruling hinges on the claim that the box set included “all” of the James Bond films.

The defendants claim that the word is open to some interpretation, and qualifies as advertising “puffery” which is not subject to litigation. Johnson’s legal team — from the firms Eisenhower Carlson PLLC, of Tacoma, Wash., and Statman Harris & Eyrich LLC, of Cincinnati, Ohio — countered that there is nothing vague or subjective about the word “all.”

“No reasonable person, unless a James Bond expert, would understand that ‘all’ does not mean all, and ‘every’ means only certain films,” the lawyers wrote.

In his opinion, Martinez declined to dismiss the claim at this stage, and said a jury would have to decide whether the term was misleading.

“A jury must determine whether a reasonable person would expect ‘Casino Royale’ and ‘Never Say Never Again’ to be included in a complete set of James Bond films,” Martinez wrote. “From the Defendants’ perspective, this claim will have to ‘Die Another Day.'”

The judge granted a motion to dismiss parent companies MGM Holdings and 21st Century Fox from the suit, and dismissed a claim of breach of implied warranty of merchantability.
 
I mean, yeah they should have included them. I I bought a James Bond box set, I'd expect them.

But it's not like you're missing much.
 

davepoobond

you can't put a price on sparks
thoughts of an English class teaching the legal definitions of simple words is hilarious to me

"All does not mean all"

"every does not mean every"
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
I can see that. Don't say "all" if it's not all. Pretty simple.

“A jury must determine whether a reasonable person would expect ‘Casino Royale’ and ‘Never Say Never Again’ to be included in a complete set of James Bond films,” Martinez wrote. “From the Defendants’ perspective, this claim will have to ‘Die Another Day.'”
you know what never mind fuck this judge
 
The judge granted a motion to dismiss parent companies MGM Holdings and 21st Century Fox from the suit, and dismissed a claim of breach of implied warranty of merchantability.
Unclear on where that leaves the status of the suit. It's just narrowing the defendant list and one of the claims, I guess?
 
I think the idea is all as in with continuity.

If Marvel released a box set saying all the Marvel movies that would be understood to mean the MCU movies and not the X-Men movies for example

Neither movie was made by the production company that did the mainline Bond series...
 

Sephzilla

Member
I mean, doesn't the back of the box list all of the movies included in the set? I'm not at home so I cant check mine
 
I think the idea is all as in with continuity.

If Marvel released a box set saying all the Marvel movies that would be understood to mean the MCU movies and not the X-Men movies for example

Neither movie was made by the production company that did the mainline Bond series...

That would be almost the same issue here, why not just say includes all Marvel Cinematic Universe movies instead of a blanket term meant to deceive?
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
Unclear on where that leaves the status of the suit. It's just narrowing the defendant list and one of the claims, I guess?

seems like it's just saying "you can sue MGM and 20th Century Fox Entertainment specifically, but not the overarching parent companies"
 

Archaix

Drunky McMurder
I think the idea is all as in with continuity.

If Marvel released a box set saying all the Marvel movies that would be understood to mean the MCU movies and not the X-Men movies for example

Neither movie was made by the production company that did the mainline Bond series...


If it says "Every movie ever containing Spiderman" and it included only Homecoming and Civil War, that's a lie. You can't put it on the consumer to know the production background of the movies.
 
I get the complaint but they weren't even "official" EON movies. To me this would be like having all the MCU movies in a collection then being mad that the Raimi Spiderman movies aren't included

Edit - Dammit
 
Uhhh...

Why would a reasonable person expect unofficial Bond films produced by a different studio to be included in the box set?

(yes I know MGM later acquired the distribution rights to both movies)
 

turtle553

Member
I mean, doesn't the back of the box list all of the movies included in the set? I'm not at home so I cant check mine

But you'd have to know the name of every Bond movie to know which is missing. Something you wouldn't expect if it was supposed to have all.
 

driggonny

Banned
I'm not sure it's reasonable to expect people to check the back of the box through the entire list of bond movies to make sure the name of the product isn't a lie
 

ghostjoke

Banned
If you get worked up enough to sue over this, surely you have enough care for the franchise to know that those two films wouldn't be included.
 

collige

Banned
I believe this is the collection in question:
71n22TKr3GL._SX522_.jpg

Obviously, "all" means all, but in my mind at least it's a little bit fuzzier because they also list the (wrong) count of "all" the movies. It's still misleading though.

And again the back of the box would literally list all the movies included so it's not a surprise.

The back of the box isn't on Amazon.
 

Balphon

Member
Can't really argue with that.

You wouldn't. You'd argue they aren't "James Bond" movies because they were produced by different production companies and are markedly different in meaningful respects (e.g. in tone -- Casino Royale is a comedy). As such, they exist outside of the collective perception of the James Bond "canon" and shouldn't have been expected to be included.

Whether or not that argument is compelling is another story.

Regardless, this suit is fundamentally silly and primarily exists so class counsel can bilk money out of MGM.
 
If I'm buying a Bond box set, I would not expect these unofficial films to be there.

If you're buying a complete Star Wars film set, would you expect to see the Ewok movies there? And in that case, those movies are technically official (but not canon, IIRC?).
 

Madao

Member
if it means everyone who bought the set gets these 2 movies for free, i'm in.

otherwise, not much was lost there.

also, don't you have to be pretty into Bond to know there's 2 Casino Royale movies? at that point you'd know why these 2 movies aren't part of the set.
 

Sephzilla

Member
You wouldn't. You'd argue they aren't "James Bond" movies because they were produced by different production companies and are markedly different in meaningful respects (e.g. in tone -- Casino Royale is a comedy). As such, they exist outside of the collective perception of the James Bond "canon" and shouldn't have been expected to be included.

Whether or not that argument is compelling is another story.

Regardless, this suit is fundamentally silly and primarily exists so class counsel can bilk money out of MGM.

It's really not. It's a box set that says it includes all of the James Bond films but doesn't actually include all of the James Bond films. If you're going to use "they're different in tone" as an excuse to say one film is a Bond film and another one isn't a Bond film then explain to me why the Craig films are included when they're pretty tonally different from the Roger Moore era
 

Starviper

Member
I believe this is the collection in question:
71n22TKr3GL._SX522_.jpg

Obviously, "all" means all, but in my mind at least it's a little bit fuzzier because they also list the (wrong) count of "all" the movies. It's still misleading though.



The back of the box isn't on Amazon.

Yeah, come on. That is deceptive. If I didn't know better, i'd assume that is every single Bond film (24 being all of them) when instead 'all' would be 26 from the sound of it.
 

Dali

Member
If I was a member of this jury there's no amount of legal jibber jabber the defense's lawyer could use to make me agree with them that all doesn't mean all.
 
Ridiculous. Everybody knows the Niven Casino Royale and Never Say Never Again don't count due to the fact they are absolute shite
 

androvsky

Member
You wouldn't. You'd argue they aren't "James Bond" movies because they were produced by different production companies and are markedly different in meaningful respects (e.g. in tone -- Casino Royale is a comedy). As such, they exist outside of the collective perception of the James Bond "canon" and shouldn't have been expected to be included.

Whether or not that argument is compelling is another story.

Regardless, this suit is fundamentally silly and primarily exists so class counsel can bilk money out of MGM.

Never Say Never Again was about as standard a Bond movie as it gets, even going so far as to star Sean Connery during the Roger Moore era. Going by everyone talking about Casino Royale as being the odd one out, I'd say there's a reasonable argument that a normal person would expect it to be included.
 

5taquitos

Member
If I was a member of this jury there's no amount of legal jibber jabber the defense's lawyer could use to make me agree with them that all doesn't mean all.
Even if the "legal jibber jabber" is "these aren't actually Bond films?"
 
It's really not. It's a box set that says it includes all of the James Bond films but doesn't actually include all of the James Bond films. If you're going to use "they're different in tone" as an excuse to say one film is a Bond film and another one isn't a Bond film then explain to me why the Craig films are included when they're pretty tonally different from the Roger Moore era

I'm curious. If it said "James Bond Complete Collection", is that equivalent in meaning to "All 24 Bond Films"?
 
Never Say Never Again was about as standard a Bond movie as it gets, even going so far as to star Sean Connery during the Roger Moore era. Going by everyone talking about Casino Royale as being the odd one out, I'd say there's a reasonable argument that a normal person would expect it to be included.

It was a remake and was under different licensing/distribution agreements. It's not part of the main series. Same with Casino Royale - well not a remake, but not an MGM/Danjaq movie or part of the actual series.

No reasonable person would think those are part of the main series to be included in a box set like this.
 
I believe this is the collection in question:
71n22TKr3GL._SX522_.jpg

Obviously, "all" means all, but in my mind at least it's a little bit fuzzier because they also list the (wrong) count of "all" the movies. It's still misleading though.



The back of the box isn't on Amazon.

Well right off the bat Peter Sellers ain't on the cover so that should be a ain't that they aren't trying to deceive.
 
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