Dr. Acula Wins!

From: Champion Jack Codini <Codini@subgeniusdot.whatever>
Newsgroups: alt.slack
Reply-To: codini@I_Hate_chihuahuas.com
Date: Fri, Mar 7, 2003 4:10 PM

To friends and fans who have waited patiently for the final resolution
of the "Ackerman v. Ferryo/oo case: as many may know, on May 10, 2000, a
unanimous jury - and the Judge of the Superior Court of the State of
California, brought in a huge verdict in my favor and against my
nemesis, Ray Ferry, for actions of breach of contract, fraud,
misrepresentation, libel, violation of my rights of publicity and
trademark infringement, in addition to other causes of action.

After the verdict was rendered, Ferry transferred the Famous Monsters
of Filmland magazine trademark to his own attorneys in the case, and
transferred his business to long-time friend/associate Gene Reynolds.
The business was set up as Gothix Marketing, Inc. FM continued to
publish under the name Central Media while Ferry claimed he was
insolvent and filed for Bankruptcy.

Since the trial, Ferry has been puffing, blowing smoke, boasting and
bragging on his website, and to anyone else he could bamboozle, that
he was wronged, that the jury decided in my favor in sympathy, not on
the evidence presented of his wrongdoing, and that he would prevail on
appeal because the law was on his side. He repeatedly posted a false
blow-by-blow scenario claiming that the Appeal was going his way and
would be decided in his favor and that the judgment would be
overturned on appeal. All this time he continued to disparage my
reputation and me with Internet postings. I have kept quiet while all
of this has played out. I sat by patiently, without responding to
Ferry's self-serving ravings. I had confidence in the judgment.

Finally, I am coming forward to report that Ray Ferry has lost his
Appeal. On November 12, 2002, the California Court of Appeal decided
the Appeal in my favor and affirmed my judgement against Ferry in its
entirety, on all nine legal theories presented, and awarded me costs
of the Appeal! An Appeal is decided strictly on the law and evidence
presented at trial to support the verdict rendered. (Ferry can't claim
that the Appeal was decided on sympathy. I never appeared before any
of the Appeal judges). In fact, four judges of the California Court of
Appeal, in record time (4 days) rendered a 47 page (!!!) decision
totally in my favor. Contrary to Ray Ferry's claims, the Supreme Court
will not take up this case. So, the world's biggest braggart is where
he belongs, trounced, out of business, kaput, hoisted on his own
petard. My nemesis is now history a black page of it.

Additionally, the Judge of the Federal Bankruptcy Court declared
Ferry's filing of a Bankruptcy to be fraudulent (what else is new?)
and denied him discharge, which means that he can't get out of payment
of the judgment. The Federal Court also issued an order of Contempt
against Ferry and fined him an additional $50,000 for the Contempt.
His transfer of the business to Gene Reynolds/aka Gothix Marketing,
Inc. (done right after the verdict was rendered) was also declared
fraudulent by the Federal Bankruptcy Court. This is all a matter of
public record and court files. Ray Ferry has lost Famous Monsters of
Filmland magazine, the Famous Monsters of Filmland trademark, the
website and his home. The Bankruptcy Trustee took these assets and I
have not gotten a single penny yet. He has also lost face and
destroyed his own reputation once and for all.

According to the official trial transcript, Ferry admitted at trial
that he lied to the readers of the magazine, and he has continued to
lie to the readers of his website about the Appeal. Recently, Ferry
falsely posted on his website that I was preventing the publisher
(him?) from sending copies of FM to paid subscribers, even having
their subscription money seized so they couldn't get refunds. That is
absolutely untrue. I do not know of any subscription money being
seized from Ferry. The Bankruptcy Trustee attached Distributor's money
owed to Ferry for the sale of the magazine through stores, but no
subscriber's money was seized. I am told that Ray Ferry and Gene
Reynolds refused to produce the subscriber's list to the Trustee. I
have not received one cent to date. In my opinion, Ferry's name must
be worse than Mud in the magazine industry in general and the Horror,
Sci-Fi and Fantasy genre particularly.

Ferry had the chutzpah, as Ray Bradbury stated at the trial, to
identify himself by my ages-long identity, Dr. Acula, and to infringe
on my Trademark. No one believed this for a moment! Not any of the
jurors or the judges. The evidence of Ferry's Trademark Infringement
of my Dr. Acula identity was overwhelming, as was the evidence
establishing that he had libeled me. BTW, in my 106th cameo film
appearance, I wear Bela Lugosi's cape to play Dr. Acula. The film is
titled The Boneyard Collection. Screenwriters are George Clayton
Johnson and Brad Lineweaver. Brinke Stevens plays the part ofSBrinke
Stevens.

So, an approximately three-quarters of a million dollar judgment will
hang over Ray Ferry's bowed head for the rest of his life, and he will
forever be tracked for payment on the judgment. His wrongs to me and
this legal case validate my rights and prove his conduct at law has
cost me my savings, my home and much of my famous collection. But the
end result of my vindication and upholding my reputation with my
friends and fans is what matters most to me. Ferry set out to destroy
me and malign my reputation in fandom. In the end, he brought about
his own self-destruction.

Obviously Ray Ferry's monumental boast of a super-extravaganza
filmonster convention is now in limbo, in Ray Cumming's World of
Unwrought Things, as are Ferry's plans for another magazine. I'm sure
he'd get no cooperation from my loyal friends. His stellar line-up of
imagi-movie personalities? Frank and Bobbie Brezee? Perhaps Elvira?
Considering transatlantic airfare, Ray Harryhausen doesn't seem a
likely guest. And, as I did in 1993, I wouldn't be importing overseas
fans (to the tune of $20,000) to give his pipedream an international
flair. If I knew where Ray Ferry and his cosmic brother were hiding
I'd let you know so you could send them a giant crying towel. This
final chapter in Ferry's ultimate defeat and exposure proves that his
book (a barely-seller) should have been titled Life is but a Scam!

HarperCollins plans to follow the recent Ray Bradbury's Illustrated
Life (by Jerry Weist) with a prestigious volume - my autobiography, My
Life in a Time Machine. I doubt I'll even waste a footnote on my
abominable adversary. If I never hear of him the rest of my life it
will be too soon.

In closing, I want to thank my many friends and fans that have stood
by me all through this trying but worthwhile fight. Justice has
prevailed my health is restored and now I intend to return to my
normal life of monsters, space travel, and an endless world of wonder.
Look for me at Conventions around the world this year!

Forrest Ackerman

Dr. Ackula

I'm going to cut the soles off of my shoes
climb a tree and learn how to play the flute

----------------------------------------------------------------------

From: "Rev. Ivan Stang" <stang@subgenius.com>

PRAISE "BOB"!

Forry Ackerman once handed me an Amateur SF Film Festival award and
shook my hand and said maybe I'd grow up to be just like Ray
Harryhausen. I was 17 or 18 and completely snotty about it. I probably
hardly even said thank you. Teenagers take everything for granted. (I
guess I probably also already knew that he was wrong about the
Harryhausen part.)

Years later I wrote badmovie treatments for would-be movie producers,
and the way I wrote them was based entirely on Ackerman's film plot
summaries in Famous Monsters -- minus the insidious puns, of course.

I'll bet half the SubGenii over 30 would say they owe half their
weirdness to Famous Monsters of Filmland. Before "Bob," before the
Mothers of Invention, before The Twilight Zone, before Hustler, Famous
Monsters was the proof that you WEREN'T the only TWISTED WEIRDO in the
universe.

He is centuries old as far as I can tell... a centuries old SuperNerd,
an UberGeek. I can't believe he had so much Slack stolen from him by a
sleazefuck.

Well, yes I can actually. Yes indeed I can.

Anyway, I'm glad 4-E can go to his well earned grave, eventually,
gloating his ass off.

--
4th Stangian Orthodox MegaFisTemple Lodge of the Wrath of Dobbs Yeti,
Resurrected (Rev. Ivan Stang, prop.)
P.O. Box 181417, Cleveland, OH 44118 (fax 216-320-9528)
A subsidiary of:
The SubGenius Foundation, Inc. / P.O. Box 204206, Austin, TX 78720-4206
Dobbs-Approved Authorized Commercial Outreach of The Church of the SubGenius
SubSITE: http://www.subgenius.com
For SubGenius Biz & Orders: call toll free to 1-888-669-2323
or email: jesus@subgenius.com
PRABOB

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Original file name: Dr. Acula Wins!.txt.txt - converted on Friday, 13 June 2003, 22:41