
Originally Posted by
Russ Oasis
I recently saw the posts by Clay Robbins on this thread. I would like to give those who are interested my opinion on the dispute and point to the facts.
Our efforts to set the world record at the Nurburgring with a Viper ACR took a year of planning and over $600,000 in cars, parts, and cash. Some of the money was raised by selling sponsorships on the cars. There were several large sponsors, like Kumho Tire and The Viper Exchange / BJ Motors and numerous smaller sponsors. We hired a photographer to take pictures that we could use to entice sponsorships or for publication in magazines, etc. Each sponsor contract was negotiated to either include photographs taken by our photographer or not. Anyone could have gone to the track at their own expense and taken all the pictures they wanted. The agreement with Mr. Robbins was specific. At first, he requested a license for all of the photographs we hired, but in the end, for the money he was willing to spend, he accepted a license for ONE picture. When I learned that he was using at least a dozen of our photographs, some of which were used for the promotion of his dealership on its website and in posts, I contacted him and politely asked him to stop. His response was F. U. He told me if we took any action to enforce our agreement, he was going to “flame” me on the forums and tell people that our effort was a fraud. Only then did I have a lawsuit drafted. I tried one more time to resolve the infringement with him, sending him a copy of the lawsuit and telling him that if he didn’t stop, I would file the suit. He again, knowing that he was using all the pictures but only had a license to ONE picture, continued to use them. So I filed the suit.
Mr. Robbins suggests the lawsuit was frivolous. The litigation is public record. The judge in this case, Judge Teeter, was appointed by President Trump to the Kansas federal court and practiced intellectual property law (which includes patent, trademark and copyright law) prior to being on the bench. Mr. Robbins’ lawyers argued that Mr. Robbins did not copy our photographs and had a license to all of the photographs he used. Mr. Robbins’ lawyers claimed the agreements were “backdated” and invalid. Mr. Robbins’ lawyers claimed we didn’t own the photographs. Mr. Robbins’ lawyers claimed his use was “fair.” The judge considered all of these arguments and rejected them. The judge found Mr. Robbins infringed our copyrights to more than a dozen photographs. How were our claims frivolous or “baseless” when the judge found in our favor and found Mr. Robbins and his company infringers?
The primary issues that remained were willfulness and damages (which the constitution says must be decided by a jury). Mr. Robbins faced the possibility that his infringement would be deemed willful, which (under the Copyright Act) exposed his company and him personally to more than a million dollars in statutory damages and the payment of our legal fees. We did not reach-out to him to settle immediately before the trial. After the finding of infringement and the rejection of so many of his defenses, his insurance company reached-out to us. Robbins tried to tell you that his insurance company was just trying to get rid of this as a nuisance claim. Tell me, what insurance company settles for $285,0000 unless they see the possibility of damages in excess of the settlement figure? In my opinion insurance companies fight to the bitter end unless they are confident that their insured was clearly in the wrong.
As far as the $285,000 goes, $140,000 went to legal expenses and another $40,000 went to taxes. I went on these boards and asked everybody (go back and check) whether they wanted the remaining money to be spent on local Viper events or another attempt at the Ring. The responses were all over the place and some of them bordered on hostile. Several members thought that I should give the money to charity, so that’s what I did.
As to the claim that the car was in some way modified improperly, that’s the reason that “Road & Track” and “Bridge to Gantry” were present as independent third-party observers. We never hid the fact that various modifications were made for safety. I am stunned at the things that are brought up on this board such as Dick Winkles had a computer attached to the ECU. In the 21-minute video, you may have heard Dominic Farnbacher talking to a crew member after a failed attempt. The fasten seat belt warning was dinging in the background. Dick Winkles was trying to find a way to shut it off. He also had to trouble shoot various issues with o2 sensors, etc. One thing that Mr. Robbins was straightforward about -- his promise to “flame” me and tell everybody that the entire effort was a fraud.
Finally, those who were either there or followed it closely know that I had put a year of time into organizing the attempt as well as putting in thousands of dollars of my own money. I did not personally make a dime on the effort or the litigation. I worked tirelessly to make this happen. For others to ANONYMOUSLY malign me on this thread without knowing the facts is most disappointing. As an aside, before this attempt, there were people who derided Viper Exchange for giving us 2 cars to use. Those people said that VE would sell the cars for huge money and that it wasn’t motivated by good intent. Instead, one of those cars came back in a coffin, valueless. Huge money had to be spent to make it sellable. I wonder how much VE made on that car?
I appreciate all the support that many in the community have given me and ask that if you think Mr. Robbin’s description of events is accurate, that you read the filings from the federal lawsuit online and make your own decision. In my opinion it could all have been avoided if Mr. Robbins honored the deal he negotiated at the outset, or even if when confronted prior to the lawsuit he agreed to pay a license fee.
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