The race is back!
Plus, let's not forget that this is last year's contract. They could very well have changed the wording to "finalists" and not "10 finalists", and eliminated the loophole.
It is my view that the argument that Clay is finalist No. 11 in AI and therefore the contract would not apply to him because it refers only to 10 finalists would not hold any water... For the very simple reason that courts in interpreting contracts always look to the intention of the parties in situations of dispute... n in this case.. it is very clear that the contract is intended by both signatories to the contract to apply to to a finalist of AI.. so the fact that AI decided to increase the number of finalists would not negate the binding effect of the contract
Well I never said I was a lawyer, just a troublemaker. So here's my big bad revenge lawsuit to force 19E to renegotiate with Clay (this one actually works for all finalists except Ruben).
Clay sues 19E, Fox, Randy, Paula, Simon, maybe even AT&T. He argues that when he signed the contract, it was implicit (or for all I know explicit) that all ten finalists were to be given equal shots at winning American Idol, with the phone votes being the deciding factor.
He then soepenas (forgive the misspelling- I've tried every combination I can think of in the dictionary and can't find the word!) everyone and everything on the show (including the fishbowl) to prove that it was the clear intent of 19E for Ruben to win. There is all the tape of the judges saying Ruben had won already, both on and off AI. There is the Newsweek article (which flat out quotes Simon as saying he was judging so that Ruben would beat out Kim, as well as showing Simon and Paula coaching Ruben to increase his chances of performing better than Kim). Clay contrasts this with the way Clay himself was treated- being criticized over the Vincent song slip-up, being criticized for song choices he didn't make (Randy did that for the song on the single), etc. The "terrible"s and "horrible"s. He gets 1 million adoring Clay fans (no problem finding them I suspect) to say they couldn't get through when trying to vote. He gets a couple of expert witnesses to discuss the effect on the public of continually being told that one contestant is superior and more likely to win than any of the others (since this is the basis of all advertising, 19 E would be hard pressed to claim the opposite). He shows that the magazines that featured Ruben over all the other contestants got their publicity material from 19E. If the show was a sham, with Clay and the other 10 finalists pre-determined not to win, then the contract was fraudulent and therefore not binding.
Paula, Randy, Simon, Fox, AT&T etc. don't particularly want to be sued- it's embarrassing. They pressure 19E to renegotiate. 19E's lawyers and Clay's sit down, fight hard and fair, and Clay gets terms more satisfying to him.
And one million (or more) devoted Clay fans enjoy a delightful moment of revenge.
For Your Entertainment
Pssst, pepper, just for future reference it's subpoena.
Thank God for this post. I don't want Clay bound to 19E all his life. He seems like a person who wants to grow and I guess I just despise Simon Cowell. Just being in the same room as Clay bothers me. I know all the credit Simon gets and blah, blah, but he just seemed putrid inside to me this year. This gives me hope.
Originally posted by Play Doh Rocks That may be what the contract says (that they can own them for life) but I assure you - from a legal standpoint, they cannot. They can have do not competes, but that has to be reasonable in time. Forever is not. As a lawyer, if the entire contract reads that way and binds the contestant to the producers forever, then it is null. At best, courts will rewrite the contract in a reasonable manner.
The race is back!
I don't think 19E minds being sued - they operate under the "there's no such thing as bad publicity" theory.
Couldn't agree more. All that will do is bring more publicity to the show which will only serve to further line the pockets of 19E.
Originally posted by John I don't think 19E minds being sued - they operate under the "there's no such thing as bad publicity" theory.
Your theory requires Clay to PROVE that the entire thing was fixed in order to have a chance.
There is just no way for that to happen.
Pepper, you helped to break that old stereotype and have proven that blondes do have brains! Please folks, no throwing of fruit, produce or vegetable.
Well, I was listening to the radio this morning, and they were talking about Ruben in an interview. they said he was "dissing" American Idol, saying the show was "so cheesy, and he thought it was such a stupid idea." Also, "the only reason I auditioned is because my friend suggested me to". Then said, "The only reason I stayed on was because I kept doing good, and look at me now". Sorry, but first of all, that is a bit rude. Second of all ,he should'nt be saying things like that after JUST winning. Man, wait until your a superstar and have gone platinum before you think about dissing 19 Entertainment, etc. Third of all, Ruben could've left ANYTIME if he thought it was so stupid, cheesy, etc. And lastly, Ruben buddy- YOU WERE PART OF THAT "CHEESY SHOW" YOU WON THAT "CHEESY SHOW". You were by far the BIGGEST cheeseball there.
Oh- and I'm a big Ruben fan, and this is in no way dissing him or anything like that. In fact, he was one of my favorites and he's a great performer. don't want to get in trouble or anything
Anyways, I just thought this info went well with the topic, so I posted it. Don't know- it just seemed interesting for him to be saying that.
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