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Jimbo
To the Honorable Commissioner Joseph J. Simons,
The purpose of this email is to complain about Disney employees. I believe Disney engaged in unethical and potentially illegal business practices: Tortious Interference with Prospective Business Relations.
to prove Tortious Interference with Prospective Business Relations, I have to prove the following:
1) there was a reasonable probability that the plaintiff would have entered into a business relationship with a third party;
2) the defendant either acted with a conscious desire to prevent the relationship from occurring or knew the interference was certain or substantially certain to occur as a result of the conduct;
3) the defendant's conduct was independently tortious or unlawful;
4) the interference proximately caused the plaintiff injury; and
5) the plaintiff suffered actual damage or loss as a result.
I have all 5 elements.
But more than that, what we have in the marketplace is something more sinister. We have a criminal racket to defraud the American consumer of an free and open market. I believe the Disney corporation and Diamond Comics collude against the benefits of lower prices, higher quality products and services, more choices, and greater innovation. They do this through its single firm conduct, by corrupting the supply chain, by intimidating competitors and through its mergers. They censor books. We cannot allow that in our democracy.
Background
On March 11, 2018, Richard Meyer announced that Antarctic Press would not be publishing his graphic novel Jawbreakers Lost Souls. Antarctic Press claims that Disney employee Mark Waid called the owner of Antarctic Press, Ben Dunn and forced him to renege on his promise to publish Meyer’s book. Ben Dunn has a day job. Dunn said that Waid threatened to get him and his staff fired from their day jobs. Waid threatened to assassinate the character of their employees in the press. More than that, Mark Waid threatened the distribution of their other titles with Diamond Comics. Diamond Comics is a comic book distribution company that holds a monopoly on comic book distribution. According to Meyer, Dunn, a man in his fifties, called Meyer in state of panic and sobbed throughout the phone call.
Mark Waid claims that Richard Meyer is a bad person whose books should not be in local books stores. Thus, this is the reason for the censorship. I do not believe that Mark Waid was acting on his own initiative, but on orders from his Editor in Chief C.B. Cebulski.
1) I have bought comic books Bedrock City in Houston, Texas or the 2 comic shops in my hometown of Katy. I intended to purchase Jawbreakers Lost Souls by Richard Meyer published by Antarctic Press and distributed by Diamond Comics.
2) Disney threatened the supply chain to complete my purchase. Disney attacked the reputation and revenue streams of Antarctic Press - a company you don’t own. Disney leveraged its relationship with Diamond to censor a book I want to buy at my local comic shop.
3) Several employees at Disney including Mark Waid before and after bragged about the effectiveness of these threats.
4) I can’t buy the book at my local comic shop. I have to pay higher shipping costs and wait for the book to arrive. I also risk my personal information shared over the internet in the purchase of the book through Meyer’s online store. I also wanted to keep my money local. Richard Meyer is in Austin, Texas. Antarctic Press is in San Antonio, Texas and my local comic shop is in the Houston Metropolitan area. My local comic shop gives me a 10% discount. Now none of that is happening because of your employees who are in addition to being presumptuous are rude and snobby. Also my local comic book shop would not be aware of my preference for the book in my order and thus might stock the book in his shop
5) Disney has damaged me.
I am asking that you investigate this matter and verify the facts of this case for yourselves. I also ask that you make an example of Disney. This is not the first time this has happened. Thank you.
single firm conduct
Diamond Comics, a private firm reports a half a billion dollars in revenue. We know from public reporting that DC, Marvel and Image Comics control 80% of that revenue. Marvel controls most of that revenue stream. But Diamond Comics is a monopoly. Thus as in the example above provided we see Disney (Marvel) leverage its relationship to censor and disallow competitors into comics.
Mergers
Marvel, DC and Image comics theoretically compete with each other, but they also collaborate as well. Disney which owns Marvel for a long time partnered with Warner Brothers which owns DC. From time to time, DC, Marvel and Image trade intellectual property, lobbyists and staff between the companies. Since these multinational companies have news bureaus, these journalists serve as enforcers against truly competitive forces.
For example, Richard Meyer has published several books before launching a successful YouTube channel. In grading the quality of current comic books, Disney engaged in a character assassination campaign demeaning his military service, calling him a racist, a bigot who hates gays and accusing him of being a deadbeat Dad. Disney, Warner brothers and Image comics leverage their relationships with Buzzfeed, Newsweek, Mic, Daily Beast, CTV and Avatar Press to engage in character assassination campaigns. This slander coming from large corporate media with movies, jobs and access to celebrities, scoops and backstage passes give an air of undue authenticity. They use their access as means to gate-keep by putting barriers to entry.
In a lot of ways, these corporations have abandoned the profit motive to satisfy the aesthetic needs of a healthy people and instead act as a ministry of culture socially programming and controlling a host population with the poison of propaganda.
They are censoring books.
Please help.