William V Aguiar III sues Ashida Kim and Floyd Webb, Part II

**mschremp** · Posted On: 2/16/2008 3:43pm

Well it looks like we all have plenty to talk about again.....

Mike S

**johnpatricio** · Posted On: 2/16/2008 4:46pm

I have a good friend in Kaifeng,China http://en.wikipedia.org/wiki/Kaifeng were Black market movies are sold world wide . I've been sending Mr Shong money to buy case after case of dvd's to burn Floyd's movie. I'll make a bigger killing than Floyd in the black market. When you want something pirated go no were else China is the place.

You got yo love how he admits online that he is going to break Federal Laws. When the movie does end up on the "black market" now you know who to call the feds on. The guy is admitting to a federal crime even before he actually does it. Yeah, real smarts there! He is a brain indeed.

**Dsimon3387** · Posted On: 2/16/2008 7:33pm

Originally Posted by Lord Of Chaos

i thought that was funny when creeden posted that at first "billy can't wait to see you face to face in court". it's a fucking COURTROOM you dumbass. floyd doesn't HAVE to "look billy in the eye".

for all creeden's "be a man, i'm a big tough ex military martial arts killing machine" bs he still

-has not been able to verify his actual military experience in korea
-has not posted photos or video of himself
-didn't fight barron sheppard
-didn't show up to the boston throwdown

and finally

-didn't even SHOW UP IN THE FUCKING COURTROOM.

so creeden my advice to you is- keep running your mouth. that's right, keep running your mouth and "doing what you want when you want" because when you end up paying legal fines out the ass, or at the very least, once your daddy has had enough of your **** and kicks you out of his basement you'll wish you had practiced a little more self control. and face it billy lost the case (you know, the one you "have nothing to do with" except for maybe the endless hours you've spent posting about it and taunting people from the safety of your protected little perch). get over it. stop with the fucking "this isn't over yet" crap, because it IS over. you remind me of the idiots who yell out "*****!" to their attacker's back when they're on the ground after receiving a beating. that's exactly what i predicted you'd do though, being that your antics are about as juvenile and predictable as a 15 year old's.

jr. high school was a LOOOONG time ago for you jawney. it's time to stop acting like a fucking child because you are playing a dangerous game here with the grown ups. martial artists or not, in the real world people don't like having their "phone ring" in the middle of the night and they do not like being ridiculed for their disabilities or alleged drug activities in public. you should count yourself lucky that no one has sued you for slander yet, because at the rate you're going it's only a matter of time. you've given patricio and felkoff ample opportunities to do so, and frankly, if anyone pulled that **** with me i'd have hit them with the legal hammer pronto.

I bet Billy's foot is pretty far up Creedon's ass right about now.

I can just hear it:

"But Billy Matt Kiley is writing a brief!"

**Kung Fu Pimp** · Posted On: 2/16/2008 7:45pm

Originally Posted by mschremp

Well Johnny has a different story on his blog. Why am I not surprised???

Yeah, and the poor fool thinks I'm Felkoff:

"HEY FELKOFF A.K.A. KUNG FU PIMP. At least I didn't get my friend killed with my bad punctuation. You got your friend killed, by you being who you are."

As dense as he ceaselessly proves himself to be, I shouldn't be at all surprised at how quickly he jumps the gun and drags the wrong person's name through the mud.

What a sad little fool.

For the record, I'm a little younger than Felkoff. As a matter of fact, I'll only be 39 on the 24th of this month. Felkoff is clearly my senior.

On my Myspace page there's a picture you can post to your blog, 'tard boy. It's the one where I'm givin' the finger.

http://www.myspace.com/kungfugripzine

All right, I think I'm done pickin' on the slow kid. I'm feelin' like a bully... and I hate bullies.

- Paco

**KAR1234** · Posted On: 2/17/2008 7:01am

What I want to know is was the case dissmissed against Mr. Webb?

If yes than Mr. Webb did indead win the case.

If no than Mr. Webb won nothing yet.

Am I right about this?

Ken Patricio

**mschremp** · Posted On: 2/17/2008 7:59am

Ken,

All I know is what Floyd has posted. I do not believe that the case has been dismissed. The info I have is according to Floyd, Aguiar was informed that Floyd is well within his claims of fair use and according to Creeden Floyd was informed that Aguiar does hold the copyrights. I for one would like to see the court transcripts, that is the only way we will know for sure what is happening. I do tend to believe that the statement about fair use is probably true do to the anger coming out.

Mike S

**floydwebb** · Posted On: 2/17/2008 9:12am

Let's be clear so there are no more questions.

I have a technical win in that the judge has determined that I have the right to fair use of the materials I have. I will go out on a limb here and risk irritatiing my lawyers and say that includes the footage that Creeden sold Sheppard for 1000 bucks.

When the judge asked Aguiar why he did not sue Creeden, the transcript will show that Aguiar threw his hands up and said, "Your honor, that's coming!" He then went on to admit that he was not sure if Creeden Jr. shot the film or not. If I am not mistaken, he submitted no paper work or agreement between his father and Creeden, Jr.

As I said the transcripts will show this. All the spin in the world will not change the actual transcript. It will all come to light whenever the transcript becomes available.

Aguiar has been warned that if he pursues the case based on what he has, he is likely to lose.
Fair Use is FIRMLY established per an open court statement by the judge. If with a lawyer he can come up with new information then so be it

There is a conference set for March 6 to decide what Mr. Aguiar wants to do with his newly acquired lawyer. Anymore questions? Wait until after March 6.

**mschremp** · Posted On: 2/17/2008 10:32am

Floyd,

Thanks for the information.

Mike S

**johnpatricio** · Posted On: 2/17/2008 11:02am

Floyd, I think at this point it's going to be difficult for you to make this film more interesting than all this legal drama that is preceding it. One thing for sure is that Aguiar's lawsuit has worked wonders as far as helping to promote the film. I can only imagine the crowd of people just from Bullshido that will go see it now that otherwise wouldn't have.

Aguiar said suing Creeden was coming! Somehow, I don't see how that can be true when Creeden is running Aguiar's BDFS blog... unless of course it's actually Aguiar running the blog and just using Creeden's name (as I suggested a few months ago).

In the end, one thing I am very happy about is that the folks here on Bullshido have finally been able to see that the BDFS that Asshida was running was not the real BDFS and there is a lot more to Count Dante than just a guy placing ads in comic books. That really used to bother me a lot to see people calling Dante a fraud and associating the BDFS with Asshida. Although, I have to admit Aguiar and Creeden, instead of improving the BDFS reputation have actually made it worse. What a shame.

**Dsimon3387** · Posted On: 2/17/2008 12:56pm

Free publicity!

Creedon will probably be handed a viscious beating by Billy.

Creedon is clueless about copyrighting materials. Again, I picked Creedon apart on this point because it is relevant to this case. I don't know if Jawney really thinks his dad retains rights to those photos or not. He could be a little slow.

I know Floyd is constrained in what he can say because of his lawyers so I can speak to a few copyright issues because I am not constrained. AS far as Floyd's case this example is hypothetical.

Ok, lets say Floyd comes to me and wants to use one of the articles, or the photos I did for an article and I agree to sell it to him. First I don't own the materials exclusively, I have an interest in the materials as the author, but the magazine that bought the article and materials has a greater interest! They are the people that determine whether Floyd can use the materials not me! even though I wrote the article. These materials do at a certain point become public domaine. Therefore fair use applies to them. The point is that Floyd can use these materials and I cannot ask for a fee. The magazines probably can only ask that they be given credit as the source of the materials because of fair use.

And this is why Jawney and Billy cannot ask for money for that footage that Creedon footage. Unless Creedon senior has a contract that gives him exclusive rights to the photos that is the end of the story. The judge told Billy "sue Creedon for selling the photos" because even though Creedon shot the photos they no longer belong to him.

AS I see it what Billy has tried to do is claim ownership over materials he has no ownership interest in. The Falls River gang basically figured out that they could shake people down based on physically owning Dante's things. But it does not work that way. Any materials that have been sold to a media source of one sort or another do not belong to the BDFS any longer.

I would encourage anybody... and I have had this discussion partially with Sam, albeite informally regarding written materials, that when you write, or photograph something, think very carefully about how you sell it. I don't freelance anymore because it is not worth 400 dollars or so to lose all control over how my work is used! In theory if Black Belt magazine wanted to, they could be sold to a porn company and use your head photographed in a martial arts pic, on another body in a sex position on the web. I am not kidding. I am not saying they would do this but I am using this example to illustrate a point.