For the moment, let's just say you are serious enough to pay the court and lawyer costs for this and ask the necessary questions you will have to answer in the future anyway.

So, one thing that really will need to be established is intent .. It seems to me this whole situation is born from two groups of people who were clearly not thinking straight, the creators of the set and those who bought it with intentions of financial gains and not personal enjoyment.

First, I will grant the creators should have known that fan demand would sooner or later warrant them finishing off the original jet Decepticons at retail release and that set should have went in a whole different direction than what was given, like they did with most of the rest of the sets though the years. However, it seems their intent in general was to deliver a nice looking set of Transformers befitting the theme of the convention.

Second, the purchasers of said set would fall under two "major" catories of intent, those who purchase for personal enjoyment and those who purchase for profit.

we will talk of the profiteers first. they as wellshould have known the same thing as the creators and used more caution when deciding on said purchase. When making any purchase with the intent of any item there in to be used as an "investment for later financial gain" it has and always will be, Buyer Beware. If a buyer of that set went into it blind without the thought that the main-line named characters would be later released as repaints in the general "classics" set of brands, then I would say they were being negligent in their research and planning before making a purchase meant to be used as an "investment".

Those who bought the set for personal enjoyment I would imagine got exactly what they wanted out of it and probably have no issue with the set. If so it probably fell under mechancial failures I am sure they dealt with the creators and got them rectified. I for one have seen many attendees of said "Botcon" who said they love the set and don't really care about the general release, some also saying they are happy about it and plan to purchase more to add to their own personal collection.

As released it was a very fine set with nice mold choices and good looking paint schemes, clearly a set an attendee would love to display on their shelves or display boxes and relive the good memories of a fun trip for years, the optimal use for memorabilia from a major collectors event.

There are, of course, also those who purchased said set as a non-attender package and without more research one cannot give a relevant breakdown of reasons why those out of convention sets were purchased in the realm of for profit or for enjoyment.

#15: Guest - Fred McMahon

Hello again all,

 

I must say you do have a good grasp of most of the situation but you're missing the main point.  They did it on purpose.  It was  clear  to both Hasbro and Fun Pub even Takara-Tomy that a Botcon "exclusive" release of Thundercracker, Dirge and Thrust would result in HUGE gains a couple of years later when they "decided to do the fans a favor" and release the Seekers at mass retail.  All it did was fill their greedy corporate coffers even more by firstly creating a rarity and blatant lying on the part of Fun Pub "never to be sold at retail" , then Takara-Tomy with their so called "exclusive"  Henkei releases of Thundercracker, Thrust and Dirge, and finally Hasbro with their general releases of sub-par versions of the former figures.

Both my lawyer and myself can clearly see this was planned from the start and there is sufficient ground for my case against them.  They aren't some idiots and don't know fans love these characters and would make a nice profit from them.   They devalued the set to me and thousands of other fans, who are afraid to voice their opinions because of my treatment here and elsewhere.  I for one won't stand for it and I'll shoulder this burden alone if need be but anyone wanting to get in can be reimbursed when we win for their mental anguish and suffering.  It is a class action lawsuit and not soley for my benefit.  It's a matter of principle more than anything,something Hasbro and Fun Publications have forgotten about along with fan commitment and honesty.

 

In closing I'll say I was considering it back when they released the Henkei versions but this last gross malfeasance just emboldened me to take action for all the fans that have been so callously cast to the wayside over a quick and tidy dollar.   They will have to recall the filthy clone impostor "seekers" and that may make some fans mad but it isn't worth our pride and dedication to the fandom of Transformers.  It is truly worth it to me.

 

 

Sincerely

 

Elias Weskerson

Transformers fan

 

P.S.   For the record I am not Boardwise, David Willis, or a especially a member of TFW2005-breeding ground of trolls and false fans.  A lot of angry members think this is the case or their own little troll playground.  I'm trying to accomplish something here for all of us wronged, keep your petty remarks and lewdness there where it feeds your black, unfanworthy souls.  You don't deserve to be called Transformers fans if this they way you feel you should act.

Further more you are welcome to look at my legal motion in pdf format at:

http://freepdfhosting.com/0d7fb11dd0.pdf

Now maybe the validity and litigiousness of my case can start sinking into your small minded brains.  I bid you good day now.