Dr. Mantis Toboggan MD
Main Eventer
I need a monster condom for my magnum sized dong.
Joined on: Nov 25, 2011 16:25:54 GMT -5
Posts: 4,713
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Post by Dr. Mantis Toboggan MD on Sept 3, 2014 20:20:49 GMT -5
To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired.
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Deleted
Joined on: Sept 29, 2024 5:01:53 GMT -5
Posts: 0
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Post by Deleted on Sept 3, 2014 20:22:45 GMT -5
To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired. Thank you!
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Post by Yambag Jones on Sept 3, 2014 20:26:51 GMT -5
Best in the World...at throwing hissy fits.
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Deleted
Joined on: Sept 29, 2024 5:01:53 GMT -5
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Post by Deleted on Sept 3, 2014 20:31:36 GMT -5
What an ungrateful douche. I really don't understand why people keep saying that. They are using the name and likeness of someone not under contract. That person wants to be paid for it. What's wrong with that? That's not entirely true. Punk does own his character, BUT he was committed to games and action figures while under WWE contract. Action figures are sculpted in advance and Punk required a new head sculpt because of his change of appearance. This would have been done prior to Punk leaving and with permission. The same goes for action figure lines that are produced. They are planned months in advance. The same for video games. Yukes uses a different 3D model for each game they make. CM Punk would have modeled for the game long before it was developed. Now he has a hair up his ass since 2K is releasing it? I'm not buying it. Punk knew these products were coming out long before he decided to walk out on the company. He breached his contract and part of his contract was the ability to use his likeness on officially licensed products. I've never heard anywhere that Punk had a certain number of dates. There are part-time wrestlers who only work x amount of days, but isn't that one of the things that Punk was always bitching about? He was in contract until July. Both the company and Punk have confirmed that.
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Dr. Mantis Toboggan MD
Main Eventer
I need a monster condom for my magnum sized dong.
Joined on: Nov 25, 2011 16:25:54 GMT -5
Posts: 4,713
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Post by Dr. Mantis Toboggan MD on Sept 3, 2014 20:34:00 GMT -5
I really don't understand why people keep saying that. They are using the name and likeness of someone not under contract. That person wants to be paid for it. What's wrong with that? Because that person is currently in BREACH of his contract. Making any of his little whiny grievances null and void. He walked out in January, WWE knew of this. His contract expired in July, meaning WWE had 6 months to take legal action, but did not. With him also not being under contract means that WWE can not use his name of likeness without being granted permission. This wouldn't be a problem had 2K not revealed that they were still working on 2K15 in August, meaning that Punk could have been removed from the game.
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hbkowns
Main Eventer
Joined on: Aug 15, 2011 23:33:52 GMT -5
Posts: 4,275
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Post by hbkowns on Sept 3, 2014 20:35:38 GMT -5
To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired. They were way too far in development to take his likeness out of the game. The game is being released 3 months after his contract ended. They could have done whatever the hell they wanted with his likeness because he was still under contract at that time. Even before he walked out he would have probably assumed that he would be in the next game. Now I could see if he was in 2k16 and filed a lawsuit because that would have been in early developments way after his contract expired.
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Post by DTP. on Sept 3, 2014 20:39:45 GMT -5
People keep saying that CM Punk is blacklisted because of this.
I'm saying SEE: Jesse Ventura, Ultimate Warrior, Steve Austin.
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Post by tehforoh on Sept 3, 2014 20:41:31 GMT -5
To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired. If WWE counter sued it probably wouldn't be over unpaid royalties, it would be over him breaching his contract.
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WWE Common Terry
Main Eventer
Joined on: Dec 17, 2003 13:48:53 GMT -5
Posts: 3,803
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Post by WWE Common Terry on Sept 3, 2014 20:42:33 GMT -5
This angle is amazing.
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fearofdread
Superstar
Joined on: Nov 18, 2010 12:40:53 GMT -5
Posts: 560
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Post by fearofdread on Sept 3, 2014 20:48:25 GMT -5
Does anyone actually know the contract that Punk had with WWE?
Without knowing it and it's various clauses, we cannot know what breach, if any, happened. We do know that WWE did not sue Punk when he went home, and that COULD mean that there are parts of the contract that were fulfilled prior to his "walking out". If he had a guaranteed number of dates or appearances per year, it is possible that he reached the minimum required when he appeared in the Rumble. It is possible that all of those Comic Con and other outside appearances were covered under a dates clause.
Guaranteed contracts, the result of the Nash/Hall move to WCW, often include low numbers of required dates with added payments for additional days. Without knowing the specifics, a 2011 contract would most likely include something like this. It could even carry-over year to year reducing the number of dates near the end of the contract.
Punk may have walked out on additional money and on royalties for NEW products (those not under development before January), but still be guaranteed the money on outside projects like video games, toys and other merchandise.
We really don't know anything more than the leaks and speculation that are fuelled by the disappointment many of us have for the lack of CM Punk on our WWE TV's every day. To think that somehow this is a frivolous lawsuit by a bitter ex-employee and the WWE is the victim is wholly based on speculation and emotion and is not rooted in any facts available to any of us.
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Post by Last Trent Barreta Fan on Sept 3, 2014 20:49:31 GMT -5
Why wouldn't he want to wrestle as himself on a next gen console? The graphics are amazing this time.
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Post by v/\v on Sept 3, 2014 20:50:06 GMT -5
THAT'S NOT MICK FOLEY!!!!!!
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Post by BulletV1 on Sept 3, 2014 20:55:29 GMT -5
If Punk worked all his contracted dates then him leaving is not a breach of contract. He simply refused to work more days than he was contracted for which is in his right. Yes, his contract was until July but if the number of dates in his contract were used up by the time he left he didn't have to work another day. This isn't like WWE releasing a DVD with him on it. This is them producing something new with him in it. They owe him money. He wasn't signed to the WWE to fulfill so many contracted dates. He was signed until July 2014. He left in January, thus breaking that contract. Depending on the type of contract it would of been one of those which ever comes first deals. I.E. work 100 dates or until July which ever comes first. Like car warranties 10 years or 100,000 miles. I'd laugh my ass off if some how Punk retired and they way he did was planned or something like that.
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Post by Next Manufactured’s Sweater on Sept 3, 2014 20:56:24 GMT -5
CM Punk would have modeled for the game long before it was developed. Well, he didn't. He was long gone before they scanned the wrestlers for the game, and his character in the game (based on the articles from people who played it) looks awful quality compared to the rest of the roster.
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Dr. Mantis Toboggan MD
Main Eventer
I need a monster condom for my magnum sized dong.
Joined on: Nov 25, 2011 16:25:54 GMT -5
Posts: 4,713
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Post by Dr. Mantis Toboggan MD on Sept 3, 2014 20:59:58 GMT -5
Just to added to the contracted dates theory, it would make sense since they were able to force a contract extension on Mysterio for his constant injuries. To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired. They were way too far in development to take his likeness out of the game. The game is being released 3 months after his contract ended. They could have done whatever the hell they wanted with his likeness because he was still under contract at that time. Even before he walked out he would have probably assumed that he would be in the next game. Now I could see if he was in 2k16 and filed a lawsuit because that would have been in early developments way after his contract expired. Chris Benoit was scheduled to be in SvR 2008. The Benoit incident happened in late June 2007, SvR 2008 was released early/mid November 2007. Punk was released in mid July, 2K15 is scheduled to be released in Late October. If that isn't enough, they were still scanning people into the game in August. Ask anyone who has coded in their life, it is easier to remove/void files than it is to add them. To everyone saying WWE could counter sue, they probably would not win. Since Punk is no longer with the company and they knew from the beginning he was in breach of contract, their case could quite easily be considered moot. However, if Punk is suing them from withholding royalties, he has quite a far chance of winning since they have continued to use his likeness without his permission with Punk's biggest asset being they revealed that they were still working on 2K15 after his contract expired. If WWE counter sued it probably wouldn't be over unpaid royalties, it would be over him breaching his contract. I think you missed what I said. If WWE were to bring up a counter-suit for breach of contract, it would probably be dismissed as a moot case as WWE had 6 months to sue while he was under contract but never did. Punk would be suing for a percent of the profits from 2K15,as they could have removed him but decided not to.
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Post by Colter on Sept 3, 2014 21:00:05 GMT -5
1. WWE's Independent Contractor bullsh*t might catch up to them 2. Punk is no longer any under contract, and WWE using his property (name, likeness) without awarding him royalties is as far as I know, illegal.
Also, I love how a lot of people assume Punk just up and left. I bet he talked out things with Haitch and Vince before he left.
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Post by tehforoh on Sept 3, 2014 21:07:49 GMT -5
Just to added to the contracted dates theory, it would make sense since they were able to force a contract extension on Mysterio for his constant injuries. They were way too far in development to take his likeness out of the game. The game is being released 3 months after his contract ended. They could have done whatever the hell they wanted with his likeness because he was still under contract at that time. Even before he walked out he would have probably assumed that he would be in the next game. Now I could see if he was in 2k16 and filed a lawsuit because that would have been in early developments way after his contract expired. Chris Benoit was scheduled to be in SvR 2008. The Benoit incident happened in late June 2007, SvR 2008 was released early/mid November 2007. Punk was released in mid July, 2K15 is scheduled to be released in Late October. If that isn't enough, they were still scanning people into the game in August. Ask anyone who has coded in their life, it is easier to remove/void files than it is to add them. If WWE counter sued it probably wouldn't be over unpaid royalties, it would be over him breaching his contract. I think you missed what I said. If WWE were to bring up a counter-suit for breach of contract, it would probably be dismissed as a moot case as WWE had 6 months to sue while he was under contract but never did. Punk would be suing for a percent of the profits from 2K15,as they could have removed him but decided not to. They have plenty of time to sue. The statute of limitations for a breach of contract law suit varies between each state. It's anywhere between 3 years and 15 years. In Connecticut it's 6 years.
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Post by Chip on Sept 3, 2014 21:38:48 GMT -5
first off, theres no way Punk just walked out without telling anyone and refused to show up until his contract expired. if he did, the WWE would have sued HIM for breach of contract (and of course all the guys who used to love Punk, would side with the WWE because Punk is now a crybaby)
secondly, if the WWE doesn't own his likeness & name, they can't use him or make money off of him without cutting hime SOMETHING so if they are putting him in a game, and not paying him at least a small percentage, it's wrong
it's been known now that the WWE are complete cheapskates with this whole royalties thing....why does Mick Foley not have a legends deal anymore?? yet no one is calling him a "crybaby"
people on a message board dont know what goes on behind the scenes, so everyone needs to stop judging based on whats been written on the internet and instead look at it from a LOGICAL standpoint.
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Deleted
Joined on: Sept 29, 2024 5:01:53 GMT -5
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Post by Deleted on Sept 3, 2014 21:47:12 GMT -5
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Post by revolution on Sept 3, 2014 21:51:18 GMT -5
Punk has been one of my favourites since he debuted, but wow he has turned into such a little bitch
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