If “Hamlet” turned out to have been written by Francis Bacon instead of William Shakespeare, it would still be a work of genius.

But a Spinner victory would change my perception of JJ, Damon and Carlton. They have long been on my list of coolest people on earth. If that turns out to have been based on false pretense, I would be very disappointed.

Personally, I am hoping for the ARG scenario. It would be a kick to see LOST as re-visioned by another talented writer.

I think it would be totally cool for the LOST crew to show up at Comic Con with a pilot for an alternate universe LOST with credits reading “created by Anthony Spinner, Copyright 1977.” Then they could start a storyline about finding the “Bible” for a show called LOST floating in a sea chest in the South Pacific and slowly leak the plot over the summer, leading up to “and, in the final episode we learn that…” which would be leaked the day before S6 premieres. Episode 6.1 could be laced with cross references to the story in the ARG and the two stories could diverge from there.

At the same time, they could build up a story around Spinner about being on a flight from Sydney, or a sailing vacation near Fiji or whatever. Suddenly he encounters a furious storm and wakes up on a mysterious island…. He makes it back to civilization, tries to produce a story based upon his experience. He gets as far as producing a low-budget pilot, but is ruthlessly suppressed by a mysterious organization, which buys up all his scripts and all copies of the pilot because it unwittingly reveals secrets for which the world is not ready (like, maybe, the existenc of and solution to the Valenzetti Equation and the date of the end of the world!)

Oh. well: I guess we’ll see how this plays out on Saturday.

By the way: Is anyone planning to ask the Saturday panel about the lawsuit?

You probably would want someone who knows how to cross examine, so they won’t be able to squirm out of answering.

I could do it. Did I mention that I’m a lawyer?

I understand what you’re saying completely though. While I do remain firmly entrenched in the “the specifics are a little too general” camp I can certainly see the merit in your argument.

Here’s something that hasn’t been touched on though: How would you feel about the show if Spinner wins his case? Would you feel disappointed? Betrayed? No feeling at all? I for one would only be upset if it was conclusively proven that JJ, Damon, Carlton et al had access to Spinner’s script and culled ideas from it. Apart from that I don’t think I would really care. I know a woman sued and won an infringement case for “The Matrix” and “Terminator” and that hasn’t tarnished either of those two cinematic jewels for me. (For those who are unfamiliar: http://tinyurl.com/q7smsa)

Although if this does turn out to be an ARG…greatest publicity stunt ever.

Even Captain Jack Sparrow was once stranded on an island with some angry natives…(LOL)

You can call them and I’m pretty sure they can provide you with a copy of his work for a fee. This IS one of the functions of the Writer’s Guild – to establish ownership through a registry. I’m sure they have had requests already….

But here’s my problem: many of the specifics that are so unique and innovative in LOST are also contained in the show that Spinner claims to have developed (at least according to the one document that has been put online.) Steve says that he has seen Spinner’s actual treatment and that it is pretty close to the LOST that we know.

The specifics are so numerous, and so particular to LOST, that it makes me suspicious. I would not be surprised on Saturday to find out that this has all be a set-up for some twisted new ARG. I wouldn’t be unhappy to find that out either.

We are all saying that Lost STARTED as a collection of archetypes and has ABSTRACTED from that to become the show we all love. I’d like to reiterate here my example of Lost as a model for a good essay; you start with generalities to draw in the audience and then you gradually ramp up the specificity of the supporting evidence for your thesis. In Lost’s case just replace “specificity of supporting evidence” to “complexity of the plot/characters”.

And don’t even get me started on how that’s not ironic

On the one hand, you have said for 5 years that LOST is an innovative, genre bending, breakthrough drama. (I am assuming that you are all fans, and that you didn’t wander onto this website by accident!)

On the other hand,now that the lawsuit has emerged, you argue that LOST is nothing more that a collection cliches and warmed-over plot devices that basically anyone could have thought up. Even Doc,himself, is now arguing that LOST is just a slightly upgraded version of “Gilligan’s Island.”

Really, guys, you can’t have it both ways.

And 6 of those 9 bucks would have come from this post after it was pointed out by Steve that Zeke says that he’s a lawyer too often.

“Trust me on this, I know, I’m a lawyer”. hahahahahahahahaha now that’s great irony!

You’re right, a pleading isn’t evidence, it’ only an allegation. I think that it is clear that this entire discussion is couched in terms of “if Spinner can prove what he claims.”

I don’t know about the “more reputible attorney” part. Who did he hire? (I haven’t seen the court papers yet) The fact is that not everyone can hire a five star lawyer. As Micheal’s lawyer said on the show, you get “the best you can afford.” Usually, you wind up picking a lawyer that was referred by a friend. Trust me on this, I know, I’m a lawyer.

As for Spinner’s evidence — no one has seen any. A pleading isn’t evidence, it’s an allegation.

And, if Spinner’s case were simply dismissed for jurisdictional issues five years ago, it seems somewhat implausible that it took five years to perfect the jurisdictional flaw with his case.

Finally, and it isn’t dispositive of anything, but if Anthony Spinner had a legitimate claim, there would be significant damages available, and he would have hired a more reputable attorney to handle his case.

http://www.aolcdn.com/tmz_documents/0713_lost.pdf

I am curious: You seem to have inside info on this. If Spinner has no rights the script, what is the basis of the suit. Is there some contractual basis for residuals if ABC produces a series based on the Spinner script or what?

How did you get hold of the treatment? Can you put it online?

He was paid by ABC to create a story, which he did, and ABC passed on it. The story still belongs to ABC.

That’s show biz.

Whether the similarities are sufficiently numerous and specific is a classical jury question. Personally, If I were representing Spinner, I would be up for some creative negotiation. As I suggested, have Spinner show up at Comic Con as a LOST character in an ARG, and pay him some money.

Or how about this? Actually produce the pilot for LOST and weave it into the real LOST as a TV show in the LOST universe, like the Star Trek creators did with their original pilot for the first Star Trek series (the on starring Jeffrey Hunter as Capt. Pike. They could pitch it as a series inspired by the crash of Flight 815 and story of the Oceanic 6. Have Hurley watch an episode in a flash forward or something. Could be cool, but probably not enough time left to stick it in S6. Oh Well.

http://www.tvscifi.com/content/view/35/37/

You make a very good counter argument (are you a lawyer or something?) and yeah there is a lot of straw man going on here. Speaking from a strictly legal point of view it is certainly going to be hard for ABC’s lawyers to prove that ” a script called “Lost” about plane crash survivors on a tropical island that the network had in its possession didn’t influence a show called “Lost” about plane crash survivors on a tropical island” (warmingglow.com…I just liked the way it was worded).

BUT (pauses for dramatic effect after making his concession to give the following argument more credibility)

I’m honestly asking here, don’t you think that some of his claims are a little too general to be considered intellectual property? I understand your claim of “it’s how many similarities and how specific” but in reading his list of grievances I felt that the vast majority of them were essentially general archetypes that have appeared on television, in movies and in books countless times. Doesn’t it hurt his case a little that the “specific” similarities between his Lost and ABC’s Lost are really general examples? Things like a character experiencing racism from another character but then finding themselves involved in a tryst with a sexy vixen aren’t exactly original ideas. (If you tacked on “…who had an incestuous one off drunk love in with her step brother” after ‘sexy vixen’ then Spinner’s got something)

I dislike your Grey’s Anatomy example because you’re talking about a show that is actually on television and watched by millions of people. It would be logical to think that if you called your show Grey’s Anatomy and set it in Seattle that you would have stolen many ideas from ABC’s Grey’s Anatomy. However, given that ABC’s Lost is a show written, conceived and produced by people who don’t approve or disapprove of scripts I don’t think it’s entirely logical to believe that JJ, Damon and Carlton had their fingers in Mr. Spinner’s pie.

Ew. That last bit sounded gross. Unintentional I promise.

Oh also, what exactly constitutes “procedural reasons”? What would have caused Spinner’s initial case to get thrown out in your estimation?