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Post by JDSFullmetal on Sept 3, 2014 19:14:43 GMT -5
If the game was being worked on while Punk was under contract they may be able to get away with it. Look at Del Rio, I know he was fired but he's still in the game and they are using his likeness. If it was in Punks contract that WWE could use him in video games then thats that.
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Deleted
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Post by Deleted on Sept 3, 2014 19:16:31 GMT -5
Apart from figures and 2k15, where exactly did they use his likeness? merch maybe? wasn't there a shirt with him on it at wrestlemania?
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Post by cordless2016 on Sept 3, 2014 19:19:27 GMT -5
Pretty sure WWE is in the wrong here. They use his likeness, whether he walked out or not, they owe him royalties. So Punk can breach his contact but should still be paid...If that's the case every WWE star should go home.
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Post by Rontaro13 on Sept 3, 2014 19:19:31 GMT -5
I'm really starting to get sick of CM Punk's crap now.
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Post by tehforoh on Sept 3, 2014 19:21:23 GMT -5
Apart from figures and 2k15, where exactly did they use his likeness? merch maybe? wasn't there a shirt with him on it at wrestlemania? Possibly. I know he was cropped out the WM poster, but a shirt could've snuck by.
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Post by Darkhawk on Sept 3, 2014 19:24:23 GMT -5
CM Punk just needs to let it go already. -.-
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Post by Deleted on Sept 3, 2014 19:25:06 GMT -5
Pretty sure WWE is in the wrong here. They use his likeness, whether he walked out or not, they owe him royalties. So Punk can breach his contact but should still be paid...If that's the case every WWE star should go home. Wow, that's not what I said at all. WWE is still marketing his likeness, he has a right to some of the profits. That has nothing to do with contracts, it's just how it works. If they were taking him out of the game and he tried suing them over that, then yeah, he'd be wrong. But in this scenario, he's right.
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Post by Nivro™ on Sept 3, 2014 19:26:40 GMT -5
Remember Night of Champions 07 when Nobody and Nobody were suppose to fight but Nobody no showed so Nobody lost to John Morrison?
Ok, it probably wont be that drastic but if so...Id imagine a lot of Punk mentions (like for the network) will be dropped
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Post by BrIaNMeRcY on Sept 3, 2014 19:29:52 GMT -5
The WWE doesn't owe CM Punk anything. Once you breach your contract, you are pretty much **** out of luck when it comes to getting paid. Did Steve Austin make a stink about not getting paid after he walked out in 2002? Nope, not at all. Austin swallowed his pride, went back to work and had his last ever match at WrestleMania XIX. The more CM Punk comes off like this, the more he is destroying the legacy he built upon for himself. I told my brother his a few times that years down the road, Daniel Bryan's legacy will surpass CM Punk's legacy. I can see the WWE's legal team hard at work, fighting off a lame duck suit, and becoming victorious in the end. I think it's hard to breach a contract once you've fulfilled it. Punk worked all the dates he was contracted for and didn't have to work one more. If he did have more dates then WWE should have fired him for breach of contract. They should have sued him. They've done nothing. I just got off the phone with my buddy and he is severely calling shens on your post. CM Punk was obligated to fulfill his contract to the date of expiration. I doubt he even fulfilled all of his dates because after WrestleMania XXIX, he took time off. The WWE didn't need to sue because after he BREACHED his contract, the WWE was making a profit from his merchandise sales. Punk wasn't seeing a dime because he voided the WWE's terms and thus, the WWE was able to pocket any money sold from Punk's merch. Now since their is a lawsuit brewing between Phil Brooks and World Wrestling Entertainment, the WWE would likely come out as the winners. There is a reason why contracts are notarized.
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Post by Mr. PerpetuaLynch Motion on Sept 3, 2014 19:31:24 GMT -5
Ehhhh I dunno Punk. I'm a biiiig fan of Punk but this is stretching it. He was still under contract when the game was in development and they could easily cite it as breach of contract assuming he still had dates on his contract. It will be very interesting to see how it goes. Regardless, the only thing this concretely means is that Punk wont be back atleast not anytime soon.
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Post by cordless2016 on Sept 3, 2014 19:32:02 GMT -5
So Punk can breach his contact but should still be paid...If that's the case every WWE star should go home. Wow, that's not what I said at all. WWE is still marketing his likeness, he has a right to some of the profits. That has nothing to do with contracts, it's just how it works. If they were taking him out of the game and he tried suing them over that, then yeah, he'd be wrong. But in this scenario, he's right. The game was in development long before he left the WWE. Punk said himself back in January that his contract ran through the early summer. He breached his contract by leaving months before his contract ended. Most likely the WWE can still use his likeness on any products that were in development while his contract was still in effect, same as with the Mattel figs of him that were released after he left. And the key here is if Punk takes this to court he'll look bad because he was the one who broke their contractual obligations.
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Post by Deleted on Sept 3, 2014 19:35:56 GMT -5
So Punk can breach his contact but should still be paid...If that's the case every WWE star should go home. Wow, that's not what I said at all. WWE is still marketing his likeness, he has a right to some of the profits. That has nothing to do with contracts, it's just how it works. If they were taking him out of the game and he tried suing them over that, then yeah, he'd be wrong. But in this scenario, he's right. It has everything to do with contracts. If you see no reason to fulfill your end of your deal and walk out on your contract with them, why should they see a reason to fulfull their end of the deal? He waived his rights to anything when he breached his contract and left and literally has zero chance of winning this if it's legit.
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Post by Deleted on Sept 3, 2014 19:41:42 GMT -5
Wow, that's not what I said at all. WWE is still marketing his likeness, he has a right to some of the profits. That has nothing to do with contracts, it's just how it works. If they were taking him out of the game and he tried suing them over that, then yeah, he'd be wrong. But in this scenario, he's right. It has everything to do with contracts. If you see no reason to fulfill your end of your deal and walk out on your contract with them, why should they see a reason to fulfull their end of the deal? He waived his rights to anything when he breached his contract and left and literally has zero chance of winning this if it's legit. Then they should take him out of the game. So long as they leave him in he's legally entitled to a share of the profits. Breaching his contract doesn't mean WWE is now above the law and can market him as they wish.
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Post by The Kevstaaa on Sept 3, 2014 19:54:51 GMT -5
I like CM Punk. Just wanted to point that out.
Now, according to Paul Heyman, CM Punk had a meeting with Triple H and Vince McMahon before he left so I assume they agreed on something that would not constitute a breach of contract. This is just speculation though Heyman is a more viable source than people jumping to conclusions and such.
If they're trying to use his likeness for new things, then he is entitled to pay for it. However, I do understand the concept that people have of "if he breached his contract, he shouldn't sue the WWE". I see things from both sides and hopefully this doesn't get really ugly.
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DIESEL
Main Eventer
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Post by DIESEL on Sept 3, 2014 19:56:01 GMT -5
I like CM Punk, but he's really starting to get on my nerves.
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Post by sitruC on Sept 3, 2014 20:02:50 GMT -5
For people who want to read this thread but don't want to go back it's okay I'll sum it up.
"PUNK SUCKS, HE SHOULD SHUT UP ABOUT WWE!" "PUNK SHOULD TALK ABOUT WHY HE LEFT WWE!" "CONTRACT ASSUMPTIONS!" "COUNTER ARGUING ASSUMPTIONS WITH ASSUMPTIONS!"
you're welcome.
I think if the whole he completed dates scenario is true then he is a smart person to do this, despite the die hard We Hate Punk fans opinion.
If he breached his contract I am sure WWE and him will come to some agreement.
People need to stop acting smarter than others when we all know the same information and have different theories/opinions on the matter.
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Post by Evil Abed on Sept 3, 2014 20:04:49 GMT -5
Pretty sure WWE is in the wrong here. They use his likeness, whether he walked out or not, they owe him royalties. Punk was technically under contract until July of 2014, which means that the game was well into development stages by then. Now Im no lawyer but I can easily see how WWE can claim that him walking out on scheduled appearances cost them a certain amount of money as well, among other legal precedents. Either way you look at it, I don't see Punk winning this legal fight with WWE. And in all honesty I could see WWE counter suing and winning their lawsuit against him. I used to be a huge Punk fan (I'll still admit he was a phenomenal wrestler) but he's absolutely been ridiculous since he's left the company. Bitching about beating people up if he saw them in person over nothing more than wedding photos, always seemingly reported that hes disrespectful to his fans in public, just being a tool in general. I hope that he really does fade into obscurity soon, because in analysis he's basically becoming the Justin Bieber of the wrestling news world. Everytime you hear about him, its something stupid, ignorant, and just down right disrespectful to people. I've lost my respect for him.
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hbkowns
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Post by hbkowns on Sept 3, 2014 20:09:57 GMT -5
Soooo Punk breaches his contract and screws the company and fans over. Now he wants to get paid for a video game that was in development when he was still under contract.
The guy seems like he's out for bad blood against the company. He's lucky they didn't take him to court the second he left. Now he's just poking an angry bear.
Idk about you guys, but I've lost a great deal of respect for the guy. The guy who wanted to "change" the company for the better turned out to be a whiney bunghole in the end and apparently thinks he's entitled to some money.
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Post by HVMMONS on Sept 3, 2014 20:12:45 GMT -5
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Post by Deleted on Sept 3, 2014 20:18:04 GMT -5
UGGGGHHHHH! CM Punk is such a little prima donna bitch!
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