GENERAL DISCUSSIONS

Passed through the storm ~ message from 11th Hour

POSTED BY: 11THHOUR
UPDATED: Tuesday, January 30, 2007 15:43
SHORT URL:
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Wednesday, November 1, 2006 8:28 PM

11THHOUR


To the awesomest folk in this here 'verse ~ The Browncoats

I received an email response from Universal's attorney late this afternoon. It took me a while for my nerves to settle out, had a stress relieving cry, and needed to have it really sink in, and also needed time to compose this message...

It's okay now everyone. It's okay. We passed through the storm.

Universal's law firm has been authorized to conclude the matter. They have accepted the representations in my letter, and will not pursue any financial demands. The sales number I reported for the shirts relating to the design in question were de minimis, and my compliance with the cease and desist, and my agreement to permanently cease and desist (referencing the movie "Serenity" in my Cafe Press shop) has satisfied this matter.

Pinch me, cuz I must be dreaming. This was my best case scenario fantasy... but it's true... yeeee and haaaaw, it be TRUE.

Now this is amazingly good news, and I'm definitely looking forward to a full night's sleep; but this whole episode has been a wake up call for us all to proceed with much more care in regard to copyright matters. We can still kick up our heels and spread the word, but now we must be much more aware of the various legalities involved. Because if we don't, then a certain law firm will...

To help illustrate just how conscious we need to be about legalities, below is an excerpt from the attorney's email which explains the basis for the Demand I received:
___________________________________________

" A page on your Café Press offering read “The shirts designated as ‘Art Only’ do not have the Serenity movie promo on the back.”  This expressly suggests to consumers that the shirts not so marked all had the “Serenity movie promo” (logo) on the back, and in any event appears to ‘pass off’ on the motion picture Serenity itself. "
___________________________________________

Well there it is, the thing that set this whole action in motion. That sentence on one of my shop pages did say that... but it was an older entry that I frankly forgot about. Funny how I meant that sentence one way, and it is interpreted much differently from a lawyer's point of view.

This excerpt does relate to the "Serenity Swirl" image. This was the image I created to be a stand alone image that would not use any copyrighted imagery, yet still would help put the word of "serenity" out there in the world. "Serenity Swirl" was one of my early designs meant to help in our fan powered promotions, and was offered in my shop not long after it opened in December of 2004.



The design was paired as the back graphic with certain primary artwork featured on the front of the shirt. The prices for Cafe Press are the same whether there is an image on one side of the shirt or both. I hated to leave a perfectly useful side of a shirt empty... it could be used as a "mini-billboard" to help spread the word of Serenity, so I'd put Serenity Swirl there. Sometimes I used a kind of fan "shorthand" to refer to the image as a "promo" because that's what we Browncoats were working so hard to do back then, promote Serenity. But now I understand better from the lawyer's letter that referring to it as a "promo" was perceived as "suggesting to consumers" that the design was being passed off on the motion picture Serenity itself.

Actually, that's rather ironic, because back when the design was introduced, months before the release of Serenity, I never considered that regular ol' consumers would even be aware of my shop. I figured that only Browncoats knew about it. When I wrote descriptions I worded them as though I was just talkin' to the gang like I do on the message boards, because that'd be the only people who'd be dropping by. The items I offered were not to pass off on Serenity (mostly because we all were operating under the notion that hardly any folk were even aware of the movie, hence the whole guerilla marketing thing), but rather to offer items to fellow Browncoats... and some items would be things that would help spread the word.

Guess this whole traumatic episode is a variation on the Mars vs. Venus way of seeing things. I think like an artist and guerilla marketer, not a lawyer... and it's mighty surprising just how much fuss can arise from that different way of seeing things. So *that's* how things got so complicated. As a die hard guerilla marketer, I thought the image was a modestly mild way to put the word of Serenity out in the world; but the legal point of view sees the image as taking advantage of the intellectual property. Honestly, my intent was just the opposite of taking advantage of our shiny movie... but y'all knew that.

The other especially ironic thing (and this whole drama has been simply dripping with irony) is that the beginning part of my referenced sentence, "The shirts designated as 'Art Only'... ", well that was the result of folks emailing me and asking if I could offer the shirts *without* the Serenity Swirl design on the back! In fact some even said they wanted to buy the shirts, but held off because they didn't want the "promo" back design on there... oh boy... So it turns out that the image was actually putting some folk off the shirts, not attracting them. Jeeeeeez, woulda saved me acre feet of grief by never trying to include an image to help spread the word... shoulda just left the shirts alone with only the art on the front.

Live and learn. Or rather, live, get hit with a scary demand become a tortured wreck before it's resolved over a week later, and learn...

Actually though, despite all the torment and stuff, the part of this story that is truly mythic, wonderful, and will, always, always be the heart of what makes this 'verse so gorram amazing is all of you... the Browncoats... who stepped up, had my back, stood at my side, and, most assuredly, were taking strategic tactical positions from high ground too. Folk came from all around, even revealing themselves from the cover of lurkdom, to let me know I wasn't alone in this... and when I heard, "Browncoats got your back", I knew that no matter how scary or crazy it got, somehow, things would work out. It's been a rough time, it's taken it's toll on me... but I discovered something rather wonderful, or perhaps re-discovered something wonderful... the people that have come into my life because of a work of art disguised as a TV show, are the best folk it's ever been my privilege to know.

We all got on this boat for the same reason, a passionate love for something truly marvelous, and the willingness to do what it took to keep it alive. This ride has taken us all on adventures we never could have predicted. I swear, we aren't just fans of the 'verse... we LIVE the 'verse. I didn't want to go on this latest adventure, but maybe I needed to. Certain recent, upsetting events, involving my fan work, had left me discouraged and drifting away... but whenever that has happened, something always pulls me back. This time, I needed a big pull I guess. Now understand, I do have a life (in case anyone was wondering) and do creative projects quite different than my FF/S work... but for some reason, I'm bound to this 'verse. I was hot welded to it back on a Friday night in September 2002, I can't put it into words well enough, but it's a part of me. It's made me a better artist, it's made me a better person.

Once you've been in Serenity, you never leave...

... and you got your crew to travel with you...

Love and gratitude forever,

11th Hour

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Wednesday, November 1, 2006 9:01 PM

SWEETSERENDIPITY


Congrats 11th Hour! Woo hoo! Glad to see that you'll be ok. Thanks for all your hard work, not to mention all the worry you just went through.



Deb


http://serendipityagain.com/

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Wednesday, November 1, 2006 9:03 PM

WHIMSICALNBRAINPAN


CONGRATULATIONS 11TH! I am so glad that you are in the clear. Sleep for a week. You probably need it!

"Well, my days of not taking you seriously are certainly coming to a middle." http://whimsicalnbrainpan.blogspot.com/

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Wednesday, November 1, 2006 9:08 PM

PHOENIXROSE

You think you know--what's to come, what you are. You haven't even begun.


Sweet merciful Buddha, I'm glad this is over and you're okay!
And that was real pretty, what you just said...


[]

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Wednesday, November 1, 2006 9:14 PM

MCQ


I'm very glad and relieved to hear that you'll be alright and that this episode is finally over. It's nice to know that folks had your back and helped you through this stressful event. Take care and hang in there!



Separated at birth?

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Wednesday, November 1, 2006 9:20 PM

JADEHAND


Glad to see things looking up.
*big hug*
You're on our crew, of course we stand beside you.

"But you sleep like a ghost with me
It's as simple as that
So tell me I'm mad
Roll me up and breathe me in
Come to my madness
My opium den
Come to my madness
Make sense of it again."
Goodbye to all that. III-The Opium Den (Brave)-Marillion
visit WWW.Marillion.com for a better way of life.

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Wednesday, November 1, 2006 9:30 PM

MAGDALENA

"No power in the 'verse can stop me!"


Oh MY!! I am so relieved - I feel all wobbly for you 11th!! I was wracking my brains trying to think of practical ways we could help you and now it's all resolved!!



Happy Days!!!!!!! - Magda x x x x




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Wednesday, November 1, 2006 10:26 PM

VERSEEXPLORER


What a relief. I am so happy to hear that it is over, 11th Hour. Rest up and take care of yourself. It's good to know that you felt our support.



I made a web site to introduce my friends to the 'Verse.
http://web.mac.com/arcadianlc

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Wednesday, November 1, 2006 11:42 PM

ZISKER


Whew! I'm so happy to hear that Universal isn't going to demand money (of course, a Browncoat Defense Fund would've cropped up in five seconds flat). Enjoy that sleep, you've more than earned it.

If you can't do something smart, do something right.

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Thursday, November 2, 2006 12:50 AM

MUTT999


"We all got on this boat for the same reason." That about sums it up. Congrats 11th!!!!


- - - - - - - - - - - -
"That's the buffet table."
- - - - - - - - - - - -

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Thursday, November 2, 2006 1:13 AM

CANTER


I'm so happy for you!

I really enjoy your stuff, and it would have been a shame if you had to shut down.

Hope this inspires you to even greater heights.



Burn the land and boil the sea...

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Thursday, November 2, 2006 1:55 AM

RIVERGIRL


oh 11th--such shiny news

Also, I can kill you with my brain.

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Thursday, November 2, 2006 2:12 AM

BROWNCOAT1

May have been the losing side. Still not convinced it was the wrong one.


11th Hour,

Congratulations! It is great to hear that this turmoil is over and the Universal's lawyers have decided to drop any demands for payment. Great news indeed!

Get some rest browncoat. You more than deserve some peace and relaxation for all you have done for the community and the 'verse that Joss gave us.

__________________________________________
Holding the line since December '02!

[img] [/img]

Richmond, VA & surrounding area Firefly Fans:

http://tv.groups.yahoo.com/group/richmondbrowncoats/

http://www.richmondbrowncoats.org


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Thursday, November 2, 2006 3:11 AM

JOSSISAGOD


Browncoats win! Yay, it's good to be us! Congrats on settling that little disspute 11thHour!

Fe'nos Tol
JOSSIS(Most Definitely)AGOD

Self appointed Forsaken! Been on the list for a while now!
98% of teens have smoked pot, if you are one of the 2% that haven't, copy this into your signature.
"Look at me, I'm STUPID!" The Doctor.

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Thursday, November 2, 2006 3:15 AM

MAVOURNEEN


I am so relieved for you...this was such a burden. Congrats on staying the course and seeing this thing through with your head held high.

And as to Browncoats having your back? Count on it.



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Thursday, November 2, 2006 3:29 AM

TVCHICK


As I said on the BigDamnThankYou.com
"11th, one could only dream to have your creativity & ability. I am thrilled to hear things are resolved at this point, and am sorry that such a silly thing became soooo horribly brought down on you. You have our support. If you’d have needed it, you’d have had our cashy-money donations too! {{BIG HUGS}}"

Seriously.

---
[ http://www.fireflyfans.net/thread.asp?b=20&t=22978]Join the Anniversary Job!

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Thursday, November 2, 2006 3:39 AM

PENGUIN


I'm glad you survived the ordeal...*hugs*



King of the Mythical Land that is Iowa

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Thursday, November 2, 2006 3:44 AM

ROXYFREEFALL

Woman, you are completely off your nut.


I'm so sorry you had to go through it all in the 1st place, but what doesn't bring us Browncoats down makes us a hell of a lot stronger. Congrats on getting through all this. Rest easy. We always got your back.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"Dr. Sarge says take two barrels of this shotgun and call me when you're dead! RING, RING! Hello! Is it you? Yep, you're dead." ~ Red vs Blue: Sarge
http://www.myspace.com/roxy_freefall

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Thursday, November 2, 2006 4:04 AM

FAWZY


As an aspiring lawyer (2nd year) I'm truly sorry you had to go through that. If I were to comment on the specific legal tactics used, I could be denied my license to practice. Suffice it to say, I wouldn't have done it that way.

Congratulations for having lived through it.

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Thursday, November 2, 2006 4:07 AM

TAKEMEFLYING


Very very glad to hear this worked out in the end!
Yay!:)

Whoa. Good myth.

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Thursday, November 2, 2006 4:28 AM

ORPHEUS


Awesome, awesome news! I am sorry you had to go through all the agony, nightmares, legal threats and whatnot, but it's all over now!


____________________

"Bible, Wrath of Khan, what's the difference?"

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Thursday, November 2, 2006 4:32 AM

THATWEIRDGIRL


That's great news, S. I wish you an entire week of sleep and peace...well, I hope it lasts longer than a week.

We love you 11th Hour!

www.thatweirdgirl.com
---
"...turn right at the corner then skip two blocks...no, SKIP, the hopping-like thing kids do...Why? Why not?"

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Thursday, November 2, 2006 5:08 AM

MSG


So glad it's all good. Also greatful I got my shirts before this all started. :) HUGS and so glad you're going to be ok

I choose to rise instead of fall- U2



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Thursday, November 2, 2006 5:14 AM

TPAGE


Lawyers... partially necessary evil! Then again, it is the government that makes these crazy complicated laws.

Either way Up the Browncoats! but Up Universal for not pursuing to the full extend also!

Still flying 11th! We're on your wings!


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Thursday, November 2, 2006 5:19 AM

SIGMANUNKI


Congrats!!! Take it easy for a bit, you've certainly earned it.

----
I am on The List. We are The Forsaken and we aim to burn!
"We don't fear the reaper"

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Thursday, November 2, 2006 6:05 AM

CYBERSNARK


YAY!!

*sends 11th Hour a celebratory virtual cake*

-----
We applied the cortical electrodes but were unable to get a neural reaction from either patient.

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Thursday, November 2, 2006 6:24 AM

RUGBUG


Not sure congratulations is the right word. But whatever the appropriate word is, 11th Hour, I am so happy to hear that you've made it through this storm.

I have one of your shirts (one that is still available) and I absolutely love it. You have the classiest designs and I am proud to be a browncoat wearing your work.

***************
"The power of accurate observation is commonly called cynicism by those who have not got it." - George Bernard Shaw

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Thursday, November 2, 2006 6:39 AM

SISTER


...you're on the 'crew'...why are we still talking about this?

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Thursday, November 2, 2006 6:43 AM

STORYMARK


Glad you came through this okay.

"I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."

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Thursday, November 2, 2006 7:41 AM

VANNI127


Congrats 11th! Glad to see that you got through this alright! And I surely hope that this means brighter things in the future for you.

Vanni out.

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Thursday, November 2, 2006 7:49 AM

ANONYMOUS1


11thHour,

Whew. Glad it is over. So scared for you and the 'verse.

The wording of original email stuff seemed like they were saying don't promote Serenity anymore or we will get you and your little dog too.

So it is okay to still be a guerilla but just be very careful?

Also, have you gotten all your legal bills yet? Because people have talked about helping you out on that part. Don't think of it as charity. Think of it as collecting money from the rest of the crew to pay Niska off to get Mal and Wash back. It is a Browncoat thing to do.




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Thursday, November 2, 2006 7:51 AM

SAHARA


What great news! I can only imagine how relieved you must feel to not have the specter of legal action hanging over your head anymore.
I'm so glad things were resolved so quickly.

{hugs}



Sahara
Blackbird fly into the light of the dark, black night.

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Thursday, November 2, 2006 8:03 AM

JORUNE


I'm so glad that this resolved itself to your satisfaction, hopefully your world is shiny once more.

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Thursday, November 2, 2006 8:06 AM

MAL4PREZ




Good news - and I glad you described it, I hadn't heard the whole story. It's a crazy corporate legal-eze world out there, and I'm so glad it's not going to hurt you. Um... other than the emotional trauma. Hey - can you sue them for that?


-----------------------------------------------
I'm the president. I don't need to listen.

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Thursday, November 2, 2006 8:22 AM

DANCINGNEKO


*hugs*
Congratulations on getting the matter settled. (Thought I was going to have to write to Universal and point out how they had well and truly turned off a customer who'd start marketing against them.)

I agree with what's been said before...you're 'crew' and we'll have your back. ('Tho why they're only giving you a week to recuperate is beyond me...) Take a couple of weeks to recover, whilst we're in the black and on our way to our next stop. (It was a couple of weeks to our next stop right?)


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Thursday, November 2, 2006 8:24 AM

DEEPGIRL187


Yipeee! Yay! Woo hoo!

Well, that's a relief. Seems you can't stick a toe out without getting it stomped on by the lawyers these days. What we need is someone with all sorts of lawyery knowledge implanted in their brainpan. Maybe it would keep things like this from happening (and related panicking).

*************************************************

"So long and goodnight."

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Thursday, November 2, 2006 8:28 AM

EMPIREX


Hon, I'm so glad this worked out for you!

Just chalk this up to life experience, I guess. Maybe one day you'll be able to laugh about it or shake your head and roll your eyes at the stupidity of it all. I wish you a good night's sleep, cuz you deserve it!

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Thursday, November 2, 2006 8:31 AM

ARCLIGHT


I'm so glad this incident is resolved with a minimum of blood shed.
11th, for this to happen to you of all people has been disturbing my brainpan something awful. CONGRATS.
So now that that is over, What kind of sh*t can we stir up next.

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Thursday, November 2, 2006 9:25 AM

KINROEDARKSTONE


Glad everything worked out. Would've been bad if ya had to pay for things. I gather it would've been expensive. Stay Shiny!

--------------
Mal: Cry Baby cry.
Wash: Make your mother sigh. Engaging the CryBaby.
[img] [/img]

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Thursday, November 2, 2006 10:03 AM

FOLLOWMAL





I'm so glad this is over for you and that you'll have an opportunity to rest.

Catch up and if you need anything, anything at all, call on us.. we've got your back.

{{{11th}}}

"You hold. Hold 'til I get back." Mal

Ask me how to join the Appreciatin' Nathan Crew.


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Thursday, November 2, 2006 10:24 AM

MARINA


'Congratulations' is a tough sentiment when you've just spent countless nights awake worrying and planning and struggling, but though I don't know you I wanted to say that I've always admired your work and I'm truly relieved you've made it through this battle relatively unscathed.

Enjoy your overdue rest, and despite the agony of the entire event, I'm glad the Browncoats took the opportunity to show how genuinely united we all feel.

Best wishes

Don't make faces.

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Thursday, November 2, 2006 1:20 PM

TENTHCREWMEMBER

Could you please just make it stranger? Stranger. Odder. Could be weirder. More bizarre. How about uncanny?


Quote:

Originally posted by 11thHour:
To the awesomest folk in this here 'verse ~ The Browncoats

[...]

It's okay now everyone. It's okay. We passed through the storm.

[...]

Love and gratitude forever,

11th Hour



Best.
News.
Ever.

Glad to see there is still some sensibility left in the 'Verse. Sorry you had to go through all that to help the rest of us get a little smarter, a little brighter, and a little more aware.

See you in the 'Verse, 11th!

TCM

*Download my Firefly Games for FREE at
http://www.fireflyfans.net/thread.asp?b=13&t=12622

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Thursday, November 2, 2006 1:58 PM

KAREL

Flying on duct tape and a damaged registry.


11thHour,

*whew!*

Your posts made it seem that you were more calm about it than some of us! It can be hard to tell how how bad it was until it is over. Take a deep breath and get some well-deserved rest!

--Karel.

Keep flyin'

"Wondrous is our great blue ship that sails around the mighty sun and joy to everyone that rides along." -- Jeff Lynne, Electric Light Orchestra.

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Thursday, November 2, 2006 2:01 PM

CITIZEN


Quote:

Originally posted by 11thHour:
Guess this whole traumatic episode is a variation on the Mars vs. Venus way of seeing things. I think like an artist and guerilla marketer, not a lawyer... and it's mighty surprising just how much fuss can arise from that different way of seeing things. So *that's* how things got so complicated. As a die hard guerilla marketer, I thought the image was a modestly mild way to put the word of Serenity out in the world; but the legal point of view sees the image as taking advantage of the intellectual property. Honestly, my intent was just the opposite of taking advantage of our shiny movie... but y'all knew that.

Yes you shoulda thought like a b******d.

Glad everything worked out.



More insane ramblings by the people who brought you beeeer milkshakes!
No one can see their reflection in running water. It is only in still water that we can see.

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Thursday, November 2, 2006 2:09 PM

DARKJESTER


Fantastic news, 11thH! Of course, they have to sound all lawerly, can't come right out and say...

"Whups, sorry 'bout that, our mistake!"

MAL "You only gotta scare him."
JAYNE "Pain is scary..."

http://www.fireflytalk.com - Big Damn Podcast

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Thursday, November 2, 2006 2:39 PM

ARCADIA


Glad to hear everything's all right. yay!

Arcadia (aka Greyfable and/or Katie)
www.stillflying.net -- picking up Firefly were Joss left off. We will hold 'til he gets back.

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Thursday, November 2, 2006 2:51 PM

RMMC


Congrats, 11thhour! Glad things worked out for you!

*hugs*

Go get some sleep!

*more hugs*


YEA!!!!!!!

*******
RMMC

When we're down, don't frown. Come join the camp-out at serenitymovie.org.

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Thursday, November 2, 2006 4:49 PM

FLORALBUNNY


Whew, 11th ~~~~ What a relief!

Seeing the first news of this was rather like seeing Wash with a brand-new piercing. Ugly!

(Still wonder if the Universal back-down grasped
at a slender thread, considering the early pit-bull approach...)

But ennyhoo, go get 'em!
Meow indeed.


bun
~Bastards singed my turtle~

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Thursday, November 2, 2006 4:52 PM

MUDKICKER


11th,

I know I haven't poked my head out and said hey much 'round these parts, but I've been silently rooting for you and hoping everything would turn out shiny for you. Glad to see things turned out for the best seeing as how I've personally drawn such inspiration from you to support our Cap'n and the crew of Serenity.

Always remember what they say...

"If you can't walk, ya crawl... and if ya can't crawl... if ya can't do that...

...you find someone to carry you."

Here's to hoping that Browncoat support carried you when you felt you couldn't go on anymore on your own.

Much love to you for your love of Firefly & Serenity and for all that you've done to support her, 11th...

Mudkicker

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Thursday, November 2, 2006 7:17 PM

LEXIBLOCK


Yep, copyright is evil and corrupt and must be purged from law. But good luck to you that the greedy bastards backed off.

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