The *ORIGINAL* Nightspawn...from 1973...
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- Subjugator
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The *ORIGINAL* Nightspawn...from 1973...
http://www.lib.msu.edu/comics/rri/mrri/meetinga.htm
Nightspawn. -- Detroit, Mich. : Megaton Publications, . --
ill. ; 28 cm. -- LIBRARY HAS: no. 2 (1973)
1. Horror comic books, strips, etc. I. Megaton
Publications. k. Spawn. Call no.: PN6728.55.M4N5
Published by Kevin and Alex in 1973 by the publishing company known as Megaton Publications. AFAIK, it was numbers 1 and 2. This is the information from the University of Michigan.
Oh yeah - and I've got a number 2 of it.
Kevin's been making stuff for a VERY long time. BTW - as I see it, this means that McFarlane has ZERO leg to stand on, as Kev used the word a LONG time before he did!
/Sub
Nightspawn. -- Detroit, Mich. : Megaton Publications, . --
ill. ; 28 cm. -- LIBRARY HAS: no. 2 (1973)
1. Horror comic books, strips, etc. I. Megaton
Publications. k. Spawn. Call no.: PN6728.55.M4N5
Published by Kevin and Alex in 1973 by the publishing company known as Megaton Publications. AFAIK, it was numbers 1 and 2. This is the information from the University of Michigan.
Oh yeah - and I've got a number 2 of it.
Kevin's been making stuff for a VERY long time. BTW - as I see it, this means that McFarlane has ZERO leg to stand on, as Kev used the word a LONG time before he did!
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There's a reason...and a very good one...that I have certain people in this forum blocked both here and on Facebook.
I can see an illustration of that nearly every time I come here.
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- Subjugator
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Nerdbane wrote:Unfortunately, Macfarlane does have one leg to stand on. It is a leg made out of money. Right or wrong, he could have sued Kevin over the name rights because he could afford the lawyers. Kevin probably would have prevailed over time, but would it really be worth it, to be legally vindicated but dang-near financially bankrupted? I shudder to think what would have happened if Kevin had spent a ton of money in his own defense in court, and THEN the Betrayal at Palladium had happened. I think changing the name of the game was the pragmatically correct thing to do.
Just my $.02,
da Nerdbane
Oh, I agree with your (and Kev's) assessment. I'm just talking from a legal standpoint, McFarlane was a jerk and wrong.
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Subjugator wrote: I'm just talking from a legal standpoint, McFarlane was a jerk and wrong.
/Sub
That doesn't sound like a traditional legal standpoint.
Would make courts funnier though. "Your honor, his client is a damn jerk, just look at him. It's written all over his smug face. He's wrong, wrong, wrong!"
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Misfit KotLD wrote:Subjugator wrote:McFarlane was a jerk and wrong.
/Sub
You didn't need to find an incredibly obscure book to prove that.
Misfit - this got an honest to goodness belly laugh out of me (and you can confirm with those on the boards who have met me, that's a lot of belly to be laughing).
Thanks for the giggle,
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There's a reason...and a very good one...that I have certain people in this forum blocked both here and on Facebook.
I can see an illustration of that nearly every time I come here.
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Reagren Wright wrote:McFarlane got what he deserved when a hockey player sued him for using his name in the Spawn comic, even though the character (Billy Kincaid I believe) had nothing to with hockey, he just used the guy's name. Sound familiar?:lol:
Almost correct. It was former St. Louis Blues player Tony Twist. The character in the comics was a ruthless crime boss, so he claimed that it hurt his image being associated with the character (can't remember the details, but there are some loose associations that can be made).
Tony is now retired from hockey and own a few bars around the greater St. Louis area.
I grew up 30 miles south of St. Louis and was a Blues fan for years. I followed that story as it progressed.
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John Banville published a book called Nightspawn in 1971.
In any case, it's more evidence that McFarlane had no legal standing.
In any case, it's more evidence that McFarlane had no legal standing.
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Reagren Wright wrote:Didn't McFarlane have to declare bankruptcy or something?
As per the Wikipedia article:
After McFarlane lost the second suit, [note: referring to the Tony Twist suit] his publishing company, Todd McFarlane Productions, filed for bankruptcy. This had no effect on the rest of TMP productions.
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Mike Taylor wrote:John Banville published a book called Nightspawn in 1971.
In any case, it's more evidence that McFarlane had no legal standing.
Who needs legal standing when you're better at being able to soak up court costs? Seriously dude, you'd almost think the justice system was about justice, and not the ability of the wealthy to drag it on until the poor give up from lack of a legal fund
Nerdbane covered the situation quite well
Nerdbane wrote:Unfortunately, Macfarlane does have one leg to stand on. It is a leg made out of money. Right or wrong, he could have sued Kevin over the name rights because he could afford the lawyers. Kevin probably would have prevailed over time, but would it really be worth it, to be legally vindicated but dang-near financially bankrupted? I shudder to think what would have happened if Kevin had spent a ton of money in his own defense in court, and THEN the Betrayal at Palladium had happened. I think changing the name of the game was the pragmatically correct thing to do.
Just my $.02,
da Nerdbane
That's pretty much it in a nutshell. We thought about going to court, and felt we would win, but you never know and we anticipated costs in the range of $100,000 to $250,000. It was easier and most cost effective to just change the name, so we did.
For me, this is ancient history, and I hope there's not a lot more McFarlane bashing to follow. We may not agree with some of the man's business practices, but he was one heck of an artist and he does some pretty darn cool toys to this very day. I should know, I collected most of them till about 2002. (Check out my ebay store to buy some. I'll be putting up most of my toy collection over the next year. You can contact Alex if you have trouble finding the store -- he manages it for me.)
And yes, I have been creating, writing, drawing and publishing for a long time. At age nine, I announced to my parents that I would be a comic book artist when I grew up, and spent something like the next 13 years working on that goal. I just fell into role-playing games and glad I did.
Megaton Publications was the name of my first company. Alex Marciniszyn was my partner (as he usually was back then and for years to come). We published a fanzine called "Megaton" in 1969 or 1970 (Eighth grade). It was a mimeograph monstrosity. We created an entire second issue but it never went to print. We also did a one-shot Disney/animation fanzine called "B.S. & P.S." followed by two issues of "Nightspawn" followed by 5 issues of A+Plus comics (again, Alex was my partner in all these ventures). I also did inking and coloring for Michael Gustovich's "Justice Machine" and "Cobalt Blue" comic books under the "Noble Comics" label (Gusto's comic company) and did some "ghostwork" pencil and inks on a few Defender comic books (Marvel). Not to mention artwork for Judges Guild (1979-1980, though only for a total of 4-5 months), and one FASA Traveller sourcebook, 3-4 sets of Cardboard Heroes for SJG. I was originally approached by FASA to do the artwork for the original Battletech game (then called Battle Droids, but I wanted too much money per page; $60), did posters, T-Shirts and art for the Detroit Gaming Center (DGC 1980-1983) and other odds and ends, before I was able to devote all my time to Palladium Books.
Hey, I gotta get back to work!
Sincerely,
Kevin Siembieda
Publisher, Toy Collector and yes, Mad Man
(you'd know the latter to be true if you ever saw my toy collection before I started selling it off)
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Rocinante wrote:Ah yes, the old Battledroids game... That had its own amusing story of litigation and comeuppances... George Lucas could use another one of those, I think...
Anyway, it's all moot, since we all know Nightspawn was REALLY a rip-off of Nightbreed!
Very cool name, my equine friend!
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I can see an illustration of that nearly every time I come here.
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Kevin is right though, this is definitely long gone history. Been watching the forums for years (and posting under different names) and I notice this one comes back every now and then. People gets worked up but just remember it is a history lesson. We all know all the angles and it is what it is.
No matter what people did we still have a great game to play, no matter what the name is.
No matter what people did we still have a great game to play, no matter what the name is.
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Tyciol wrote:Palladium should try taking back Nightspawn because now Todd would probably be too scared to try and suits. Plus, you could phone up Tony Twist and Neil Gaiman for tips and maybe they could lend legal fees. I bet they'd love that.
Of course. Because y'know, Palladium Books is just in such a good financial condition right now that they could absorb the costs of a protracted lawsuit more easily than ever before