Documents from 2008 lawsuit against ARM Corporation over alleged breach of contract

ANN has obtained several documents from the website of the Harris County District Clerk's Office regarding ADV Films, including a complete licensing agreement between ADV, ARM Corporation and Aniplex for the series 009-1, and other legal documents between ADV and ARM.

One of these documents includes what is reported to be the amounts ADV Films agreed to pay for 29 anime properties and two live-action films. The amounts range from US$20,000 for AIR The Movie, to US$960,000 for Kurau: Phantom Memory. The full list is reproduced below.

The documents were posted as evidence for a previously unreported lawsuit filed on April 17, 2008 by A.D. Vision, Inc. against ARM Corporation, its parent companies Japan Contents Investment LPS and Sojitz Corporation, and several individuals. The suit accused ARM of breach of contract, breach of fiduciary duty, and other charges stemming from its 2006 arrangement to license titles on behalf of ADV Films. The lawsuit was eventually withdrawn and no ruling was made. The documents were not filed in relation to the currently pending lawsuit that Funimation filed in November against A.D. Vision Inc., its owner and CEO John Ledford, Sentai Filmworks, and several other companies.

Included as exhibits in the suit are the complete "Strategic Alliance and Content Acquisition Facility Agreement" between ADV and ARM; a stock purchase agreement for shares in A.D. Vision, Inc.; a letter from ADV's corporate controller to ARM Corporation indicating the company's likelihood of defaulting on a bank loan; and several documents detailing payment arrangements between ARM and ADV.

ARM Corporation's answer and counterclaim claimed that ARM Corporation had spent a total amount of US$10,556,000 on content for ADV Films, which it alleged that ADV was responsible for repaying in full. ARM Corporation further claimed that ADV had only repaid US$1,592,994 as of July 31, 2007, had missed subsequent payment dates, and was therefore in default of their agreement. Included as exhibits in ARM's counterclaim are a complete and executed three-way home video and broadcast licensing contract between Aniplex Inc., ADV, and ARM for the property 009-1; and an agreement to reschedule payments to ARM Corporation. The payment rescheduling agreement included the 1-page breakdown of the value of each licensed property.

Further court documents show that in April 2008 ARM Corporation successfully acquired a court order to sequester all materials and elements for more than 30 properties. Most of these properties were later released by Funimation Entertainment.

On November 4, 2011, Funimation Entertainment filed a lawsuit against A.D. Vision Inc., Ledford, Sentai Filmworks, and several other companies. The lawsuit claimed that ARM had transferred the right to enforce its contract with ADV, and therefore collect the outstanding debt, to Funimation. ADV's counterclaim alleges that no money is owed to Funimation. The first pre-trial meeting is scheduled for October 5, 2012.

(Note: Amounts below are in US dollars)





Breakdown by name of title under License Agreements Title Name Effective Date Amount Guyver 2006/06/01 746,665 Comic Party 2006/06/10 30,336 Jinki:Extend 2006/06/10 91,000 Pani Poni Dash 2006/06/30 138,666 Utawarerumono 2006/08/01 109,201 Moeyo Ken 2006/09/25 43,335 Coyote Ragtime Show 2006/09/25 224,000 UFO Ultramaiden Valkyrie 2006/09/25 21,335 Nerima Daikon Brothers 2006/10/25 124,800 Air Gear 2006/10/20 780,000 Sgt. Frog 2006/11/10 408,000 Le Chevalier D'Eon 2006/10/24 440,000 Ghost Train/Synesthesia 2006/10/24 58,668 Kurau: Phantom Memory 2006/12/04 960,000 009-1 2006/12/21 325,000 Shin Angyo Onshi 2007/07/26 130,000 Ah My Goddess! 2 (Ah! My Goddess: Flights of Fancy) 2007/02/07 516,000 Innocent Venus 2007/04/12 120,000 Pumpkin Scissors 2007/03/31 780,000 Red Garden 2007/03/31 660,000 Welcome to the N.H.K. 2007/03/31 240,000 Magikano 2007/03/31 65,000 Xenosaga 2007/04/12 120,000 Tokyo Majin 2007/05/01 780,000 Project Blue Earth SOS 2007/05/01 180,000 Yamato Nadeshiko Shichi Henge (The Wallflower) 2007/06/11 500,000 Air TV Series 2007/06/27 145,000 AIR The Movie 2007/07/04 20,000 Moonlight Mile 2007/06/27 156,000 King of Bandit Jing in Seventh Heaven 2007/07/26 50,000 Total 8,963,006

When contacted, ADV declined to comment for this article.

[Via Crunchyroll]