Wednesday, September 7, 2016
UPDATE: The Final Word
The following is an open letter to James Nguyen, Director of Birdemic: Shock and Terror
Dear Mr. Nguyen,
It has been 15 business days since you threatened me with a ten million dollar lawsuit if I did not remove “Attack of the Birds” from Mystery Science Storybook: Bedtime Tales Based on the Worst Movies Ever. This is my official response to your correspondence...
I have not. I will not.
Under no circumstances will you or anybody else dictate the content of my art or speech. Attack of the Birds, which is a work of parody, will remain whole with the rest of Mystery Science Storybook. On this there will be absolutely no compromise.
As stated, you have threatened me with a ten million dollar lawsuit, but let's be real, James. You don't have the resources to do that, do you? This was a bully tactic meant to scare me into giving in to your demands. And even if you did have the resources, any lawyer, judge or passerby with a vague notion of copyright law will tell you that you have no case and parody is protected speech. And even if you did have a case, there's no way you could extract any compensation for monetary damages, because there have been no monetary damages, certainly not in the amount of ten million dollars. If you thought suing me was going to fund Birdemic 3, think again.
And if you think you've won some kind of moral victory by getting digital copies taken off Amazon, Blurb and Gumroad, think again! The project in its entirety still exists for free on Archive.org, and sooner than you think, I WILL start selling physical copies again because I am entirely within my legal rights to do so. Abusing the DMCA as you have is the move of a coward, which you are.
And let me tell you what else you are, James. You are a talentless, petty, delusional little man who won the lottery ONCE. Birdemic is a cult sensation hit, this is true, but it will be your only victory. You will never have another like it. So if you're going to sue me GET ON WITH IT! Bring your best game if you think you have it! I am calling your bluff, sir! Ten million dollars on the line! Let's do this! ...but if we're NOT going to do this, then I would kindly invite you to leave me the hell alone. Get on with your life and I'll get on with mine.
Unless we tangle in court, consider this the final word regarding this matter, and that word is “I win.”
J. David Chadwick
aka Sugar Ray Dodge
September 7, 2016