Law School Discussion

A BLACK WOMAN Wrote the Matix and Terminator Movies...

Regal_Muse

A BLACK WOMAN Wrote the Matix and Terminator Movies...
« on: March 05, 2005, 12:25:45 PM »
Found this off of another website. For those of you who are entertainment industry junkies, please read this article closely. What happened to her could easily happen to you. What's ironic is that this case has not gotten any media attention....Find out why.

Quote
Sophia Stewart
 

To All You so-called Matrix fans, I bet this is something that ain’t featured on that limited edition DVD.  Industry Rule #4,081, movie industry people are shady too.

Black Author Wins The Matrix Copyright Infringement Case

This little known story has met a just conclusion, as Sophia Stewart, African-American author of The Matrix will finally receive her just due from the copyright infringement of her original work!!!

Monday, October 4th, 2004 ended a six-year dispute involving Sophia Stewart, the Wachowski Brothers, Joel Silver and Warner Brothers. Stewart's allegations, involving copyright infringement and racketeering, were received and acknowledged by the Central District of California, Judge Margaret Morrow residing.

Stewart, a New Yorker who has resided in Salt Lake City for the past five years, will recover damages from the films, The Matrix I, II and III, as well as The Terminator and its sequels. She will soon receive one of the biggest payoffs in the history of Hollywood, as the gross receipts of both films and their sequels total over 2.5 billion dollars.

Stewart filed her case in 1999, after viewing the Matrix, which she felt had been based on her manuscript, "The Third Eye," copyrighted in 1981. In the mid-eighties Stewart had submitted her manuscript to an ad placed by the Wachowski Brothers, requesting new sci-fi works.

According to court documentation, an FBI investigation discovered that more than thirty minutes had been edited from the original film, in an attempt to avoid penalties for copyright infringement. The investigation also stated that "credible witnesses employed at Warner Brothers came forward, claiming that the executives and lawyers had full knowledge that the work in question did not belong to the Wachowski Brothers." These witnesses claimed to have seen Stewart's original work and that it had been "often used during preparation of the motion pictures.

"The defendants tried, on several occasions, to have Stewart's case dismissed, without success.  Stewart has confronted skepticism on all sides, much of which comes from Matrix fans, who are strangely loyal to the Wachowski Brothers. One on-line forum, entitled Matrix Explained has an entire section devoted to Stewart. Some who have researched her history and writings are open to her story. Others are suspicious and mocking. "It doesn't bother me," said Stewart in a phone interview last week, "I always knew what was true."

Some fans, are unaware of the case or they question its legitimacy, due to the fact that it has received little to no media coverage. Though the case was not made public until October of 2003, Stewart has her own explanation, as quoted at aghettotymz.com:

"The reason you have not seen any of this in the media is because Warner Brothers parent company is AOL-TimeWarner... this GIANT owns 95 percent of the media... let me give you a clue as to what they own in the media business... New York Times papers/magazines, LA Times papers/ magazines, People Magazine, CNN news, Extra, Celebrity Justice, Entertainment Tonight, HBO, New Line Cinema, Dreamworks, Newsweek, Village Roadshow... and many, many more!...They are not going to report on themselves. They have been suppressing my case for years..."

 
Although there have been outside implications as to racial injustice (Stewart is African American), she does not feel that this is the case. "This is all about the Benjamins," said Stewart. "It's not about money with me. It's about justice."

Stewart's future plans involve a record label, entitled Popsilk Records, and a motion picture production company, All Eyez On Me, in reference to God." I wrote The Third Eye to wake people up, to remind them why God put them here.  There's more to life than money," said Stewart. "My whole to the world is about God and good and about choice, about spirituality over 'technocracy'."

If Stewart represents spirituality, then she truly has prevailed over the "technocracy" represented in both the Terminator and the Matrix, and now, ironically, by their supposed creators.

Stewart is currently having discussions with CBS about a possible exclusive story and has several media engagements in the near future to nationally publicize her victory. June 13th 2004. Sophia Stewart's press release read: "The Matrix & Terminator movie franchises have made world history and have ultimately changed the way people view movies and how Hollywood does business, yet the real truth about the creator and creation of these films continue to elude the masses because the hidden secret of the matter is that these films were created and written by a Black woman... a Black woman named Sophia Stewart. But Hollywood does not want you to know this fact simply because it would change history. Also it would encourage our Black children to realize a dream and that is... nothing is impossible for them to achieve!"



Sophia Stewart, whatever color pill you ultimately decide to take, you are Not Ghetto.


shiveringjenny

Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #1 on: March 05, 2005, 12:33:44 PM »
this actually has had a fair amount of media attention depending on what kind of media you're looking at. i doubt it was on cnn, but it was all over gaming and technology websites a while back ago. i really would like to read this script-- it's like random people in hollywood have been raping it for years.

foxnewssucks

Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #2 on: March 05, 2005, 12:35:39 PM »
take that?  ???

Braden

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Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #3 on: March 05, 2005, 12:45:51 PM »
I second Franz remark.

Does anyone care what color the writer/creator of a movie they watched?

Also, I would not want credit for any of the Matrix sequels.

A.J

Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #4 on: March 05, 2005, 12:47:19 PM »
Black women can write?


JOKING!!!  ;D

Regal_Muse

Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #5 on: March 05, 2005, 01:13:13 PM »
Have you ever thought that they probably tried creative editing so that they could hide the fact that they were thieves and con artitst? That's probably why the sequels were so terrible LOL. The Take that remark was more for Warner Brothers and the Wachowski Brothers. I hope strips their bank accounts dry. Whoever was her attorney is seriously getting a nice pay check.

Burning Sands, Esq.

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Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #6 on: March 09, 2005, 06:15:58 AM »
Yeah, I dunno about the "Take that" in the subject line.  We don't need to rub it in anybody's face that the Matrix creator was Black and I think everybody knows or has heard this story by now.  I first heard about this story about a year ago after the 2nd matrix came out.

What is at issue here is how the Wachowski's pawned that sh!t off like their own.  That's just  mean man, its MEAN!!!

From what I understand, Stewart wrote the Story "The Third Eye" whic basically is about how man creates machines that end up "terminating" mankind and humanity as we know it.  Which explains why the themes of the Terminator and the Matrix are similar in that regard.

It also helps to explain why the Matrix sequels seem to stray from the original story line.  The Wachowski bro's wrote part II and III, and might I take this time to add that I am a die hard Matrix fan but part III was the biggest let down, piece of trash garbage ending to a trillogy ever put on the silver screen.  But it would follow that they would mess up the next two movies since they didn't write the first one...not conceptually anyway.

Intellectual Property...its a b!tch.

Burning Sands, Esq.

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Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...Take that!
« Reply #7 on: March 09, 2005, 06:48:59 AM »
This case is still going on but so far this is what has happened:

SOPHIA STEWART, Plaintiff, vs. ANDY WACHOWSKI, et al., Defendants.

CASE NO. CV 03-2873 MMM (VBKx)

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
 
September 27, 2004, Decided 

OVERVIEW: Defendants [Wachowski's] claimed that any infringement claims based upon the creation, production, and distribution of the first two films in which these defendants were involved were barred by § 507(b) because any acts of infringement took place 10 to 20 years earlier upon the release of the two films. They alleged that any infringement as to the third film was barred by the doctrine of laches. The court refused to dismiss the owner's claim because the complaint alleged no facts from which the court could conclude that the owner [Stewart] either saw or should have seen defendants' films more than three years prior to the filing of the present lawsuit. Thus, the court found that the statute of limitations was not triggered as to those claims. Additionally, the court could not dismiss any of the claims based upon the doctrine of laches because the owner alleged willful copyright infringement, for which a laches defense was not available. The court could not determine if the claims of willful infringement could be proven. Finally, the court could not impute knowledge of infringement on the owner or determine from the face of the pleadings on a motion to dismiss when the owner learned of any infringement.

FIRST OUTCOME: The court denied defendants' [Wachowskis'] motion to dismiss the owner's [Stewart's] first amended complaint.

OVERVIEW: Defendants [Wachowskis] sought to strike a paragraph in the owner's [Stewart's] complaint related to statements made during the course of settlement negotiations, alleging that the statements should be stricken as inadmissible under Fed. R. Evid. 408. The owner disputed that the statements were a part of settlement negotiations and further claimed that the statements were admissible to show knowledge and state of mind. The court declined to strike the statements given the uncertainties as to the admissibility of the statements for other purposes, the fact that motions to strike were generally disfavored, and the fact that no allegations were made that defendants had been prejudiced by the presence of the statements in the complaint. The court found that defendants could move to exclude the evidence, if appropriate, later in the proceedings.

SECOND OUTCOME: The court denied defendants' [Wachowskis'] motion to strike without prejudice.

OVERVIEW: The screenwriter [Stewart] alleged that she was the originator of certain copyrighted works, including a treatment and a screenplay both titled "The Third Eye," and that she submitted the works to various of the defendants [Wachowskis], who appropriated the works as their own property in the making of the motion pictures. The defendants argued that her copyright infringement claim was insufficient to constitute a predicate act under the RICO statute as a matter of law, but the court found that 17 U.S.C.S. § 506(a) and 18 U.S.C.S. § 2319 now served to make copyright infringement a suitable predicate act for purposes of RICO. The complaint contained only superficial allegations regarding the nature of the defendants' purported scheme to defraud, the identity of the members of the scheme, the manner in which defendants' communications were fraudulent, or the manner in which they furthered the fraudulent scheme. Although some of the allegations as to distinct entities for purposes of criminal enterprises were sufficient, the screenwriter was required to replead the allegations sounding in fraud, which included the copyright allegations in this case, to comply with the requirements of Fed. R. Civ. P. 9(b).

THIRD OUTCOME: The defendants' [Wachowskis'] motion to dismiss the RICO claims was granted with leave to amend the complaint to remedy the deficiencies therein within twenty days of the date of the order.

-------
So basically Wachowski's tried to get her on the statute of limitations rap, saying she filed her complaint way too late but the court rejected that argument; then the Wachowski's tried to get a certain paragraph of her complaint thrown out that mentioned where they talked about a settlement before trial, but the court rejected that motion and wants to include the paragraph; and lastly Stewart tried to generally claim that the Wachowski's were guilty of fraud and racketering, the Wachowskis got the racketering claim thrown out and as far as the fraud claim you can't claim fraud generally, you have to be specific, so Stewart has to go back and rewrite her fraud claim.

Regal_Muse

Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...
« Reply #8 on: March 09, 2005, 11:35:52 AM »
Wow what an interesting case. Burning since you want to go into IP law, what do you think about this case and the outcome?

Burning Sands, Esq.

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Re: A BLACK WOMAN Wrote the Matix and Terminator Movies...
« Reply #9 on: March 09, 2005, 12:02:08 PM »
I'd have to go back and read the facts of the case but on the surface it sounds like she has a strong argument against them on the IP fraud count.