Moving Marvel rides from Universal to Hollywood Studios?

fosse76

Well-Known Member
fraud
   /frɔd/ Show Spelled[frawd] Show IPA
–noun
1.
deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.
2.
a particular instance of such deceit or trickery: mail fraud; election frauds.
3.
any deception, trickery, or humbug: That diet book is a fraud and a waste of time.
4.
a person who makes deceitful pretenses; sham; poseur.

Origin:
1300–50; ME fraude < OF < ML fraud- (s. of fraus) deceit, injury

—Related forms
fraudful, adjective
fraud·ful·ly, adverb
an·ti·fraud, adjective
pre·fraud, noun

—Synonyms
1. See deceit. 3. wile, hoax.

Dictionary.com Unabridged
Based on the Random House Dictionary, © Random House, Inc. 2011.

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

If you use definition #1 as the principle definition...sure, lying about rides being moved from Uni to WDW, or the castle being on hydraulics, or monorails being built to every resort or what have you is deceitful, I'm not sure if it's technically fraudulent. Because, aside from chucks and giggles, nothing is really gained from the lie. And certainly from a legal standpoint, it'd be impossible to claim "fraud," unless the person who convinced you their lie was the truth somehow profited or got something from duping you. If, for example, I convinced you that rides were being moved from uni to WDW, and I so happened to have a transportation company and I was trying to convince you my company would be the one moving those rides and you bought a lot of stock in my company as a result of that lie, maybe you'd have a case. A hard-to-prove case since our conversation wasn't on the record (unless you recorded our conversations, or I implicated myself in emails or something like that).

Long story short, it sucks if you're the butt of someone's joke, but it's not fraud.
I know you were trying to be smart, but the legal definition of Fraud is not quite the same as the dictionary definition, since fraud is a specific act. Nice try, though.
 

aeroforce101

New Member
He might be onto something, I saw this while driving on I-4 today :ROFLOL:

hulk.jpg

b-rKXwBRyrI2sQHGxLloPmieWCfFIENRd4dswkmfjlI
LMAO!!!:lol::lol::lol::lol:
 

wizards8507

Active Member
I know you were trying to be smart, but the legal definition of Fraud is not quite the same as the dictionary definition, since fraud is a specific act. Nice try, though.

But fraud, in the legal sense, requires that the intent be for personal gain or to damage another person or party. The listener of this misinformation is not damaged in any way, and the Cast Member, acting on his own behalf and outside his capacity as an agent of the Walt Disney Company, could not possibly see any person gain from his actions.
 

mkt

When a paradise is lost go straight to Disney™
Premium Member
Wouldn't the intention be disregarded if the final outcome were still the same? ie- a loss, either monetary or otherwise.

ie, CM A tells a guest some BS about an attraction, and the guest buys a vacation based on the CM's misinformation... that would be a monetary loss.

Or they start planning and waste their time when they find out the truth, that would be a nonmonetary loss.

However, I doubt a judge would award anything on either one. At least that's what my discussion with a few attorneys at work while reading this thread has told me.

But I'm quite certain that the CM would definitely be out of work if Disney were forced to send an attorney to court over this... or even to pay a settlement just to keep it out of court. That's what my experience dealing with the mouse has told me.

Dude, do you have to make everything about the law? I think everyone gets it by now: you're an attorney or you go to law school. You've 'proven' that time and time again by flexing your knowledge. It gets a bit old when even innocuous topics get legal spins put on them.
Hey Tom, how much do you have left to graduate? I'm working on my master's thesis right now, and working on my law school apps to start hopefully right after graduation.
 

WDWFigment

Well-Known Member
Wouldn't the intention be disregarded if the final outcome were still the same? ie- a loss, either monetary or otherwise.

ie, CM A tells a guest some BS about an attraction, and the guest buys a vacation based on the CM's misinformation... that would be a monetary loss.

Or they start planning and waste their time when they find out the truth, that would be a nonmonetary loss.

However, I doubt a judge would award anything on either one. At least that's what my discussion with a few attorneys at work while reading this thread has told me.

But I'm quite certain that the CM would definitely be out of work if Disney were forced to send an attorney to court over this... or even to pay a settlement just to keep it out of court. That's what my experience dealing with the mouse has told me.


Hey Tom, how much do you have left to graduate? I'm working on my master's thesis right now, and working on my law school apps to start hopefully right after graduation.

I graduated last year and started working full time in August (found out I passed the Bar in October). The job market out there (at least in the US) is atrocious for attorneys right now. BigLaw is laying off, implementing hiring freezes, and deferred hirings, and smaller firms aren't hiring, either. I doubt anyone else really cares about this, so PM me if you want to hear/read more.
 

mkt

When a paradise is lost go straight to Disney™
Premium Member
I graduated last year and started working full time in August (found out I passed the Bar in October). The job market out there (at least in the US) is atrocious for attorneys right now. BigLaw is laying off, implementing hiring freezes, and deferred hirings, and smaller firms aren't hiring, either. I doubt anyone else really cares about this, so PM me if you want to hear/read more.
Oh, no need... I know how bad things are in law right now. I have a guaranteed job if I go to law school and pass the PR and federal bars, so it's a no-brainer for me.
 

lazyboy97o

Well-Known Member
I would like spiderman ride in Disney Hollywood Studios! It's a rumor and pretty good one I hope it's official!
Do you actually read the threads? It's not a good rumor and nowhere near the truth. Besides, if Disney wanted something on the level of The Amazing Adventures of Spider-Man, they could have done so on their own years ago.
 

TRONorail10

Active Member
Frontline cast members typically only know factual details about future projects if it somehow relates to their area of work. Otherwise, Disney is very mum on future projects unless it is something simple like a ride refurbishment, which all CM's are usually informed of so that they can pass closure information onto guests. While I won't give away my specific work details, I was well aware of the Tomorrowland Terrace Noodle Station name and menu change last spring (even though it didn't go into effect until this past Thanksgiving). El Pirata Y El Perico was also supposed to receive a name and possible change in menu. Although, the last I heard is that it was being pushed back to Spring 2011 to coincide with release of POTC:4, the name is going to be "Tortuga Tavern."
 

PalisadesPkteer

Active Member
I was just wondering something.

Can Universal build additional new Marvel character based rides?

If they want to build a Wolverine ride can they?

Or because Disney owns the rights to characters does that mean Universal has no right to build more rides related to marvel?

So is Universal now stuck with the rides they have and no way to make more?
 

wizards8507

Active Member
From The Orlando Sentinel:

Through a 15-year-old licensing contract between Marvel and an arm of NBC Universal — a contract Disney inherited when it bought Marvel — Universal Orlando is the only theme park on the U.S. East Coast that can use some of Marvel’s best-known characters, including Spider-Man, the Incredible Hulk and the X-Men.

In other words, Universal has a contract with Marvel for exclusive rights. Disney bought Marvel, so now Disney and Universal have the contract with each other.

But the contract also gives Disney a number of rights over Universal, including the ability to audit Universal Orlando’s books, to ensure it is paying the appropriate amount of royalties, and the power to review Universal’s promotional materials when they feature Marvel characters.

From Screamscape:

It’s just a rumor at this point, but more than one industry source has mentioned to me that Disney’s board may have been kicking around some options to quietly “buy out Universal” to get the theme park rights to the Marvel characters back and completely under Disney’s control, allowing them to get the most out of their new purchase. In a somewhat related move, Disney did buy out Paramount back in October for the rights to market and distribute The Avengers (May 2012) and Iron Man 3 (May 2013). (Note: Paramount will still retain control for the 2011 Marvel universe films: Thor & Captain America). Could Universal be the next ones invited to have a little chat with Iger?
 

lazyboy97o

Well-Known Member
Disney already agreed that it would limit who sees information regarding Universal Orlando as part of getting approval from the feds to continue with the Marvel acquisition. The contract between Marvel and Universal Orlando was also posted here about a month ago.
 

mrbghd

Member
But fraud, in the legal sense, requires that the intent be for personal gain or to damage another person or party. The listener of this misinformation is not damaged in any way, and the Cast Member, acting on his own behalf and outside his capacity as an agent of the Walt Disney Company, could not possibly see any person gain from his actions.
The legal definition of fraud also requires that the "victim" relies on the misinformation and becuase of that suffers an injury. Would a reasonable person rely on such a statement by someone who is not in a position of apparrent authority? Not so much.
 

Skipper03

Member
Shutting down IOA rides to bring them to Universal?! :ROFLOL:

As everyone else has posted - that will never happen, but made for a nice laugh!! These CMs must have been having fun with you guys, it's like getting inside info from Tinker Bell during a M&G! hahaha
 

RSoxNo1

Well-Known Member
I was just wondering something.

Can Universal build additional new Marvel character based rides?

If they want to build a Wolverine ride can they?

Or because Disney owns the rights to characters does that mean Universal has no right to build more rides related to marvel?

So is Universal now stuck with the rides they have and no way to make more?

Essentially, Universal has to keep the status quo with Marvel Super Hero Island. In theory they could negotiate for changes or additions to the area, but they would be negotiating with the enemy to do so.

For a while after the merger, Disney had employees at Islands of Adventure on a daily basis looking for signs of neglect that could result in Disney voiding some of the existing contracts. Evidently they have backed off that approach.
 

lazyboy97o

Well-Known Member
For a while after the merger, Disney had employees at Islands of Adventure on a daily basis looking for signs of neglect that could result in Disney voiding some of the existing contracts. Evidently they have backed off that approach.
Not surprising, they do the same thing with the Oriental Land Company. Not to void the deal, but because all of that lavishness and detail is money paid to Disney with no chance of it ever going to any other companies.
 

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