Posted On:9/08/2007 6:58pm
Aguiar v. Webb et al
Plaintiff: William V. Aguiar, III Defendant: Floyd Webb, Barron Sheppard, Wendy Sheppard and Ashida Kim Case Number: 1:2007cv11673 Filed: September 7, 2007 Court: Massachusetts District Court Office: Boston Office [ Court Info ] County: Bristol Presiding Judge: Chief Judge Mark L. Wolf Nature of Suit: Intellectual Property - Copyrights Cause: 17:101 Copyright Infringement Jurisdiction: Federal Question Jury Demanded By: None Access additional case information on PACER
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Posted On:9/08/2007 7:18pm
Thank you, I'll look it up.
Posted On:9/08/2007 7:46pm
I'm with Bill know. It took us some time with litigation. I'm not here to piss anyone off just giving you the info that you requested. It took some time to file Boston Federal court. It's really complex. Thank Sam I hope we get some respect from the forum the proof is in the pudding I guess
Posted On:9/10/2007 12:20pm
My name is Floyd Webb and I am producer of the film, The Search for Count Dante. I state my identity now as Mr. Creeden has been known to use my name to post to other boards and make use of his obsessively gay humour.
He is truly a twisted individual as you have no doubt witnessed during his tenure on Bullshido. He gives new meaning to the whole concept.
I am posting this for clarification of the issue from my point of view and to counter Mr Creedens attempts at creating disorder so he can become part of it.
This matter will not be settled on the internet. It will be resolved in court. Their rights to power of attorney to claim ownership over the estate and intellectual property rights of John Timothy Keehan aka Juan Raphael Dante, will be proven or disproven for once and for all.
It is surprising that they have chosen to go to court instead of just producing their power of attorney to my counsel and been done with it. To the best of my knowledge the images I have are available to use in my film under Fair Use law. Nothing I have has been supplied to me by Aguiar. He has never responded to my request for a visual catalog of images he supposedly owns. I am acquiring images of Keehan from people who knew him personally over 50 years of history of martial arts. I am also using images from the original book by Count Dante that was copyrighted in 1968, no images from the Fall River edition of World's Deadliest Fighting Secrets.
This is the issue, proof of power of attorney in order to indemnify myself against all other claims that others may produce once I have made any financial deal, if any, with the Fall River Black Dragon Fighting Society. I no longer have any interest in doing any business with them at all.
No amount of frivilous lawsuits that have nothing to do with the telling of this story of the life of John Timothy Keehan/Count Dante is going to stop the film from being made. The suit in federal court means nothing to the making of the film.
As I have already said, I requested a visual catalog of images the BDFS from their lawyer for two years and have never received a reply to my request. I offered to pay market value for the use of any archival materials I deemed usuable and the reply was that Aguiar wanted to be paid a fee for an interview and $10,000 to look at his archive. Totally unreasonable. I found this especially tiring as Aguiar III has no first hand knowledge of Dante and claims the legacy solely as an inheritance. The father, Aguiar, Jr, latched onto Dante when he was in a decline after the 1970 Dojo War with the Green Dragon Society in which the death of Jim Konsevic occured.
In my research I have obtained photos from private collections of John Keehan/Dante's contemporaries and students. Few of them have any first hand knowledge of the Fall River crew. Dante was involved with them after his star faded in Chicago. Yet Aguiar III wants to lay claim to all things Dante. He has a history of shutting down one websites, Ashida Kims. He had mine shut down but it was determined, with the assistance of legal counsel, that I was not infringing based upon, fair use copyright law. My site is back up at http://thesearchforcountdante.com
John Creeden, working for Bill Aguiar III, had my trailers for the film removed from YouTube along with other film fooatge he has absolutle nothing to do with, footage shot by a local Chicago filmmaker in 1964. Long before there was any association with Fall River. My footage has been restored to YouTube after my attorney dealt explained the situation to them,
Aguiar III trolls the internet seeking anyone who makes use of images of Count Dante and pounces on them with offcial looking paperwork generated by an attorney who does not answer email and seldom returns phone calls. These are scare tactics to shake a mythological money tree that they think belongs to them.
Aguiar III is attempting to claim ownership over images I am using. I want to verify not his holding of copyrights and trademarks over these images, but his legal power of attorney to do so. Some of these image may have been "work-for-hire" and not photographic buy outs and are most likely still owned by the photographers. Soe of the images may eblong to some of my sources here in Chicago. We will discover this in court now.
His associate John Creeden has sold film footage of John Keehan/Dante to my business associate, recieved $1000.00 with a verbal agreement for all rights (fooolish on the part of both parties) and then charged him with copyright infringement because the footage showed up on YouTube associated with Ashida Kim.
Mr Creeden brags that he scammed my associate rightfully. That will have to be resolved in court. Mr Creeden is not associated with the Aguiar suit and is not a business partner of Mr Aguiar. Creeden is clearly a scamming agitator who seeks to merely create confusion. Mr Creeden attempted to go into business with my associate and then angered him by changing their initial deal after he had recieved a deposit for footage that was being bought sight unseen, footage that he shot off a TV screen from his good buddies DVD. Paying him monies upfront was good-hearted and well intentioned act on the part of my associate, but extremely unwise.
I claim the right to use images of John Keehan/Dante in my film under the laws of Fair Use for Documentary film. I have been engaged as a client of the program.
I am not involved in a martial arts school nor I am involved in starting one.
All the Keehan family members I have located know nothing of the Aguiars or of any circumstances in which they have power of attorney over the intellectual property right and estate of John Keehan.
Mr Creeden is a sad man with way too much time on him hands and who is a very bad advisor for William Aguiar, III. I find it interesting that the Black Dragon Fighting Society of Fall River only comes alive to hate Ashida Kim or to attempt to collect monies on the legacy of John Keehan while they have failed to create a martial arts legacy of their own.
All that being said, the film becomes more interesting with an added element of absurd humor as I roll out the characters of the last days of John Keehan who went from being a martial arts superstar in Chicago in the 1960s, to his fall into Fall River and death in 1975 after masterminding a 4 million dollar vault robbery.
The Search for Count Dante
Last edited by floydwebb; 10/07/2007 5:17pm at .
Posted On:9/10/2007 3:09pm
Welcome Floyd, when I get a copy of the complaint I will print it in full on this thread for those who are interested in reading it.
Posted On:9/10/2007 3:48pm
Sam I will send it to you . Just give me your e-mail
Posted On:9/10/2007 4:09pm
Posted On:9/10/2007 5:01pm
My involment was by chance . They contacted my father and tried to swindle a beta tape from him. That sat on my shelf for 35 year's . My father is a sick man parkinson's, agent orange bad heart valve's and so on. They tried to get the tape from him the actual tape for 50 buck's telling him it's worthless and he could only get a small return. I'm my father's health care proxy and power of attorney. That's why i got involved. I talked to A guy named Don Warrner from Rising Sun Production's who told me beware of them. And the way they would go about it to defintely get a user agreement. So enter Barron Sheppard telling me that he never heard of Ashida Kim. But the same day I was at William V Aguiar's house telling him that he brought Ashida Kim's right's and their in pre-production. The light went off in my head. Then Barron tell's me that Master Aguiar JR was being pimped out by his son because he was sick. Master Aguiar jr was a father figure to me when I was young. I spent almost everyday of my life until I was 18 with the man. So that pissed me off big time
Barron tried to get my father to pose on a web site undermining the real Black Dragon Fighting Society. Then all of a sudden he knew Ashida Kim and admitted to me that he owned Dojo Press and all the right's to him for 1000 dollar's. Which is his weak kata dante stuff. So talking to my father I conferred with people I knew in the film industry. And they told me that it was worth more than 1000 so i told Barron I wanted 1500 because it was Dante himself and he agreed. My friend's told me again to get a user agreement and not to agree to nothing with out a signed document. Got a call from Floyd Webb who wanted a copy of it and actually wanted me to go to Ritz camera in Providence R.I. and they would pay for the transfer and shipping. So when I asked for a user agreement Floyd would alway's change the subject.
I have some good friend's who advised against this but I wanted the truth behind this because this was my childhood and someone I looked up to. Why would they cut people up this way something was wrong. So I developed the footage and sent Barron Sheppard 25 still's of the footage he loved them. So when I asked for a user agreement he said that he would send the first 500 right away. And he continued to disrespect a dead man. and when he got it if it was so bad why did he send the other 500.
So when I was going to send the footage to him Floyd and Barron continued to undermine Willian III with his friend John Patricio. They told me that they were going around William III anyway they could and told me that they paid John Patricio 7500 dollar's for exclusive flyer from the 60's World Karate Championship's. That's it I had enough. So I shot the footage from my camcorder and they got nothing. That is why they are so pissed. I called Barron Sheppard and he said that he gave it to Ashida Kim and it ended on you -tube. Here's the funny thing the footage in you -tube is William Aguiar's dvd's frame by frame and that's why William did a DCMA takedown.
Floyd has no lawyer he has to submit 2 dvd copies to fair use in Stanford. Were they cut his film up and tell him what is Fair Use and what is not. He say's he has no money but has a 350,000 budget. He has made no offer's just like the snake he is. William III never said he wanted to be paid for an interview. I even had conversation's to get him to see William's archive and he has passed. Every week we were at William III lawyer's office we would call Floyd and he never returned our call's
Floyd and Barron and Ashida are trying to twist thing's and undermine the real Black Dragon Fighting Society. That's why he is being sued. Never believe people who don't come to the table for business. Everyone please read Fair Use and they think they can do what they want. The only thing I did was hustle people who were husler's. They will think twice when they try to hustle old men who were real martial artist's
Floyd Webb is a scunbag in a classic sense. They pray on the week and think the can say and do what they want. But people like me and William III push back . And that's what tyhey don't like
And I knew Keehan . Floyd don't I got the pic's to prove it . As far as Chicago Keehan diary tell's all and that won't be in the film because it expose's them all for what are MAVEN's
Posted On:9/10/2007 10:17pm
All Out of Bubblegum
Posted On:9/10/2007 11:05pm
Were you able to serve Kim?
There's no choice but to confront you, to engage you, to erase you. I've gone to great lengths to expand my threshold of pain. I will use my mistakes against you. There's no other choice.
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