That's the issue at stake as screenwriter Larry Cohen and producer Martin Poll go after Fox (NYSE:FOX) for supposedly stealing their idea and developing it into The League of Extraordinary Gentlemen. While Cohen and Poll may eventually offer up a convincing case, the $100 million they are seeking in damages is ludicrous.
The Fox flick was one of the summer's biggest disappointments. It's box-office take of $66 million won't even cover the production budget, much less the $30 million or so spent on distribution. The movie is going to need a spectacular run in the home video and DVD market just to break even and that's just plain unlikely.
So if Cohen and Poll sue, can Fox sue right back to gripe about the quality of what it allegedly pilfered?
This isn't the first case of turkey hunting. Disney (NYSE:DIS) found itself on the short end of a case alleging that its Wide World of Sports complex in Florida was the submitted brainchild of someone else. As one of the few to have actually been there, it's easy to vouch for the place. It's got one of the finest minor league baseball stadiums when the Orlando Rays come to play. But, event-driven traffic aside, the place is a flop.
Maybe an aped idea that fails is more damaging than one that succeeds because it stigmatizes the concept. On the other hand, maybe that failure staining the hands of another is a reputation-preserving blessing.
Let's not sugarcoat the theft of intellectual capital. That's wrong. But what's the point in demanding excessive sums in lawsuit damages? Be fair. Be original.
