QUOTE(RogerKni @ Jun 15 2008, 10:12 AM)

The version I heard said that Dahinden told the would-be seller that he had the rights to the film and that a sale to anyone beside himself would be illegal. The film holder then said he wouldn't sell to anyone unless the bidders worked out their differences with Dahinden (and his estate, presumably) and got him to withdraw his objection.
I can imagine other scenarios under which a seller would decide to "hold the film for ransom" at a high set price rather than put it up for auction. For instance, the seller may have come to realize, from comments made to him during negotiations, that the potential buyers don't want the film for its money-making potential or for bragging rights (e.g., that it is located in "their museum"), which would motivate bidders for an ordinary antique. Rather, They'd be happy if ANY Bigfooter pried it loose from him and allowed scientists to examine it. Therefore, they aren't really in competition with each other and wouldn't bid aggressively against each other. Better for the seller then to demand a ransom price.
This is why I dont put stock in any of these claims and until someone produces actual contractural documentation- they are all basically urban legends.
Heres how this works ( just picking various rumors) and without the actual documentation to discern the actual wording, no one knows.
RP is/was the sole "owner" of the film with all rights secured. ( that much is self evident because he took the film)
Now, ostensibly Dahinden has the "rights" to the film. Thats a loaded statement and meaningless without the actual contract defining what "rights" he has. Does he have the "right" to use it, use certain frames and what limits are set on it because the OWNER of the film has the superior right. ( having a "right" under contract to use something does NOT transfer ownership or negate the owners rights any more than leasing land to a hunting club gives the members "ownership" of the land)
It all boils down to what the EXACT wording/terms and conditions were set forth and the signatures attached. ( if theres no written agreement- then its over right there)
Now, depending on whether he has SOLE rights or individual rights ( however defined by contract) determines who can do what downstream. If he has SOLE rights then he then becomes the person from which all subsequent rights have to come from. If he just has individual usage rights then the owner can give lesser,equal or superior right to whomever he/she wishes.
Now to this scenario.
Lets assume the physical film was with this ANE company ( either by sale/loan or usage right) and was listed as an asset when the business went into receivership and discharge.
If no one challenged the court, filed a claim of ownership or made petition before discharge- then the Bankruptcy Court's awardment is the final absolute and all previous agreements/rights etc are NULL and VOID. ( the US court is the highest sovereign and its authority is final)
So my question is- was the original film listed as an asset to be liquidated in this bankruptcy.
If it was, then the awardee owns the film lock stock body barrel and soul with all rights and priviledges thereof and all prior agreements are void. ( thats how the court does it- if they didnt contest it before the court, its over)
I would like to see the courts order to see if the film was there and who actually owns it now.
That will settle the issue once and for all.