6 . 10 . 98
Dear Robot Warriors,
I am writing to each of you again to fully illuminate the shaded and
self-serving half truths being disseminated by Profile. And, I want
to inform you that I have already responded positively to Profile's
belated and disingenuous invitation to hold the event in August. Copies
of Profile's letters and my letter are attached.
This has been a long frustrating experience for everyone that loves
the annual event. Not surprisingly, the facts and issues associated
with the situation are complex, dynamic, and tedious as well. For those
of you who have not already been saturated by the dispute here are more
facts that I hope will at least clarify matters for you.
Profile has an injunction in place preventing the event from moving
ahead and has vigorously resisted my efforts to lift that injunction.
The only reason the event went ahead in 1997 was because I forced
Profile to let me go ahead with the event over the injunction that Profile
had obtained last year.
Profile was the one that proposed that I put on the event for the
$10 license fee because it knew that the event had lost money in the
past and probably would lose money or at best break even and that I
would need all of the proceeds of the event to cushion against my likely
losses. So, I formed Stickman Presents, Inc. and we worked out a license
for my company to produce RW97. The annual events at Fort Mason have
never promised financial viability due to high costs and very limited
seating. Rather the events serve as an instrument to generate licensing
opportunities. My license for RW97 suggested by Profile, furthered Profile's
objectives without Profile taking on any risk. All the risk was mine.
Any financial benefit to me from RW97 was wiped out by a huge personal
debt that I incurred in my continued efforts with regard to the annual
event and a resolution.
Profile has two law firms suing me. A litigation search of select
jurisdictions in CA and NY alone revealed that Profile has been involved
in at least 21 law suits since 1986.
Immediately following RW97 I fought with Profile over publicity.
My publicist and I wanted to take advantage of all the opportunity for
publicity after the success of the event. Profile refused to agree to
it due to cost. When I offered to pay for it myself Profile still refused
saying that it would result in a tax consequence to the Joint Venture.
After RW97 there was a great demand for a video tape of RW97. Profile
fought me over selection of the video producer. My producer, Highlight
Productions (RW94-95) was rejected by the federal judge in favor of
Profileõs choice, Bill Rudgard, who now is a producer for Mentorn Films
in the UK. Still, there is no RW97 video despite my requests that I
be permitted to edit the footage at my own expense if necessary.
Similarly, Profile has steadfastly refused to give approval for updating
the RW web site despite numerous requests by me.
Profile refused to give approval to two Discovery Channel shows,
Worlds of Wonder and How'd They Do That? for broadcast
of their shows about RW97 that were completed and ready to air.
Profile has since 1996 refused to negotiate deals with interested
third parties for network and cable TV, Pay TV, toys, books, internet
sponsorship, foreign rights, etc.
When one of you stood up and made an effort to preserve the event
by staging it himself, Profile called him and threatened to sue him
if he persisted.
My so called "partner" Profile secretly set up a company, Robot Wars,
Ltd. without my knowledge or consent, entered into the contract with
Mentorn films using Robot Wars Limited without my knowledge or consent
and to date has refused to account to me or tell me about Robot Wars
Limited.
I have made it well known to Profile that I wanted an annual event
to be held whether it is produced by Stickman Presents or by the Joint
Venture. It is just a fact that the event can't be produced by the
Joint Venture until there is either a temporary accommodation to let
the event proceed or a "global" resolution to the dispute. The RW97
license was a temporary accomodation. It makes sense that in lieu
of a global resolution we use the same mechanism while we continue
to seek a global resolution.
Profile claims I walked away from three deals. That is not true.
I put every effort into reaching a fair and workable agreement. Unfortunately,
Profile failed or refused to document the agreement that I felt we
had reached in a manner that both reflected my understanding of the
deal and assurred me that I would ultimately receive the benefit of
the bargain I thought I had made.
This is a broad overview of a very complex and dynamic conflict.
I would like all of you to know that just because this years annual
event is in serious jeopardy doesn't mean that the sport is in danger
of dying. It is not.
Sincerely,
Marc Thorpe
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