02:23:04 PM 10/07/07

Sabotage??

Will this video ever see the light of day??  Due to yet another last minute bizarre and unexpected turn of events in this never-ending saga ... the release of the prequel documentary Borderlife Zona Norte has been delayed.

Tragically, just before final production of the film and before an official release date was determined and announced by Subdivision... it was discovered that extremely important, critical, key video shots had somehow vanished from the final, locked-down timeline and to date, are still missing and unaccounted for. And photographs that were finalized and locked-down in the DVD photo gallery as well had somehow been mysteriously rearranged with incorrect photos.

We at Subdivision, cannot fully express enough our total utter shock and devastation this immature and selfish act has caused us ... and how violated and used we feel after this person knew we spent 5 torturous years of risks taken and hard work on this project ... and it finally being so close to completion. We know that these calculated and deliberate acts of sabotage could have only been caused by one individual...

This entrusted timeline was in fact in the sole possession of this one particular individual 24/7, with whom we had been working for months and this was the only person to have this final, locked-down timeline on their hard drive ... And Subdivision did not have access to this person's computer at anytime.

Again, an official release date had not been formally announced nor had final production even begun when it was discovered upon further review by Subdivision Entertainment that these critical key shots were missing, and that photos in the photo gallery had been mysteriously rearranged. Upon our discovery, we provided this individual with a letter not accusing this individual of anything but simply asking "please respond via email with any questions, concerns or any ideas as to what could have happened to this shot."

The only response Subdivision ever received from this individual was "During this finalizing process, we spent approx two weeks watching the entire Borderlife Zona Norte video ... at no point did you notice the missing "money shot" nor did you ask me to add said shot" ... and ... "If there is something wrong with the Borderlife Zona Norte final, then you only have yourself to blame since you are "The Director" ..."

Upon reading this, we became EXTREMELY CONFUSED. What do they mean by "add said shot"? This was a shot that I specifically edited MYSELF and spent an entire day on with that person in the same room with me AND SITTING RIGHT NEXT TO ME! ... AND IT WAS THOROUGHLY EXPLAINED TO THEM HOW IMPORTANT THIS SHOT WAS, GOING SO FAR AS TO DUB THE SHOT "THE MONEY SHOT" ... I then finalized the edit with all the cross-dissolves and slow-motion effects ... AND LOCKED IT DOWN IN THE FINAL TIMELINE!!

So we are only left in SHOCK and can't understand why was this person was so cold to us all of a sudden and so UNHELPFUL, and made NO attempt to explain what happened to this shot! AND HOW "COINCIDENTAL" THAT THIS PARTICULAR SHOT JUST SO HAPPENS TO BE MISSING!! ... INTERESTING DON'T YOU THINK??

AND WHAT MADE THEM THINK IT WAS FINALIZED OR THAT THERE WAS SOME DEADLINE TO BEGIN WITH? Subdivision had yet to announce a FORMAL deadline at this point and was only trying to get a copy burned for this person's family to watch who'd been eagerly awaiting this for so long ... And as long as a mistake is caught before a product is sent to press and released to the public is really all that matters right?? ... And those involved and who have been HIRED AND PAID to work on this should finish the job until that time ... PERIOD! IT IS NOT THEIR PLACE TO DECIDE DEADLINES FOR OTHER PEOPLE'S ARTWORK AND JUST UP AND QUIT WHEN THEY DECIDE IT'S FINISHED!! And It's obvious they know what I'm talking about by their statement ... So why they have never provided us with a thorough explanation as to what could have happened to "the money shot" or at least offer any help is very SUSPICIOUS to say the least...AND EXTREMELY UNPROFESSIONAL!!

And why as "The _______" with this trusted timeline in their sole possession did they not notice the missing shots at first either? Or for that matter ever notice the missing shots and therefore upon questioning not answer "what shots?" if they didn't already know they were missing? WHERE WAS THEIR SHOCK AND CONCERN UPON OUR DISCOVERY OF THE MISSING SHOTS? AND AFTER MONTHS OF EFFORT AND PENDING SUBMISSIONS INTO FILM FESTIVALS AS PER THEIR REQUEST, AGAIN ... WHY WOULDN'T THEY IMMEDIATELY OFFER HELP KNOWING THE POSITION THIS PUT BOTH OF US IN??

After another week of attempting to get SOME explanation from this person and being ignored ... our third and final letter read as follows:

"In your response to my inquiry regarding the missing video shot, you agree and state that the shot in question "did not appear in the final timeline" and yet despite our obvious concerns, make no attempt to provide any possible explanation as to what happened to this particular shot.

So again, and this is our third letter asking you, why then did that particular shot "not appear" in the final timeline as you state? That is the question you are being asked. What happened to this shot in question that was not authorized to be removed at anytime ever from the final, locked- down timeline?

As the only person who had sole possession and sole access to the Borderlife video timeline, you are the only person who could possibly know what happened to this copywritten material owned by Subdivision that you were not authorized to make any modificatios to, and now, cannot account for.

Before we proceed any further, I'd like to give you another opportunity to provide some sort of explanation. We cannot understand how a shot that was so carefully edited into the final, locked-down timeline with cross-disolves, slow motion and other effects can somehow "not appear" all of a sudden, and without effecting the other connecting video shots in the timeline.

How could a shot with all that time and effort put into it just "disappear" so seamlessly from the final timeline all on its own without effecting the connecting shots?

We are truely puzzled to say the least and are left with only your technical expertise that you were hired to provide to help explain what happened. And thus far after nearly a week of inquiry we still have no answers only a "good luck" from you.

For the last time, are you able to help provide Subdivision Ent with any explanation as to how or why these shots are missing from the final, locked-down timeline or how photos in the DVD photo gallery were mysteriously rearranged with incorrect photos?

As per your communications, are we just left to assume then that this copywritten material not belonging to you somehow vanished while in your sole possession and under your sole responsiblity and for which you can provide no explanation?

And lastly, when did you decide 8/31/07 was some official deadline? Subdivision has never set any formal deadlines or made any formal announcements and would only do so in writing. Until that time, this project is still considered incomplete and you are reminded that Borderlife Zona Norte is not authorized for broadcast, sharing etc. or submissions into film festivals of any kind as per the contract."

To date ... we STILL have never heard from this person again and have no idea of their whereabouts. And their lack of concern at the delayed release and exclusion from film festivals in both Europe and Australia as per THEIR request is again astonishing!! Again, we were only told "good luck" and not even offered any help just simply told "this will never sell one copy"... and "I would never make a documentary on the Zona Norte" ... and further ... "Since there is nothing I can do now to correct anything...I look forward to receiving my 40 copies once they are completed."

At Subdivision, we are still stunned, bewildered and amazed at this person's sudden attitude change or why they were claiming all of a sudden that there was nothing they could do about the missing shots and not even offer to help!! To us this is very suspicious and makes us wonder if this was their plan all along or why they became so emotionally involved in OUR artwork to go so far as to sabotage this mutually beneficial, long worked on and awaited project. And we are truly blown away by this sudden about-face and Jekyl and Hyde-like cold treatment by an individual who not only was afforded this rare and unique opportunity out of over 250 applicants ... but who was also given:
-Full credit for their work
-Given a cash advance
-Royalties which included being the FIRST to receive royalty payments before anyone else!
-Offered to become a part of the Subdivision Team to work on part 2 of Borderlife Zona Norte "City of Tomorrow"....
-And if that wasn't enough, also have use the film to promote themselves through film festivals to help further their new film career.

To say the least, we are thoroughly CONFUSED as to what could have gone so wrong with this person. Throughout our entire working relationship, Subdivision never received any complaints or special requests from this individual who up until the end appeared very happy and satisfied with our working arrangement going so far as to say "this is by far the best thing I've ever worked on" ... So in the end ... we at Subdivision are left feeling confused, manipulated, deceived and USED! Was this not enough for them?? What else did they really want??

We are angered by this treatment from someone we thought was our friend and are still investigating why this individual was apparently no longer interested in working for Subdivision, and offers no explanation for our missing footage or even attempt to provide an explanation. We thought this person fresh out of film school was really excited about this rare opportunity and we can't understand why they'd want to hang themselves like this!

As I was explaining this story to another local producer who has over 30 years experience as a filmaker, he explained to me how several times throughout his career how often times when other people started working on his projects, they would over time, either fall in love with his work and become really competetive or even go so far as to quit ... and that it's not an uncommon phenomenon in this business. This is a VERY competitive business ... So who knows? Their lack of communication will forever leave it a mystery. One thing for certain however is definitely not a mystery ... they certainly don't seem too eager to see this thing succeed which only leads us to speculate as to what this person may have really been after all along...

Why does Subdivision not name this individual under scrutiny? Because quite frankly this project was supposed to be for fun and its not our style to mess with good, honest people or try and ruin other people's personal artwork or careers ... which we find extremely unprofessional and unethical ... especially coming from a film school graduate who should know better. And the only reason we mention it now is that this has become a big part of the Borderlife history...and story...and to leave it out would be leaving out a big part of how this whole thing was made.

So that's just how it goes! Again after 3 letters and a week of inquiry ... we very reluctantly had to threaten this person with a lawsuit because of their lack of communication or attempt to explain where our missing footage is. This final letter provided by Subdivision Entertainment's legal team reads as follows:

"This serves as notice that Subdivision Entertainment LLC ("Subdivision")
expressly prohibits you from any use or exploitation whatsoever (public
or private) of Subdivision property, including but not limited to the
film known as Borderlife Zona Norte, or any portion thereof. Such
rights exclusively belong to Subdivision. We further understand that
your unauthorized modification to the final version of the film and
failure to account for certain missing footage constitutes a breach of
your obligations as set forth in paragraph two (2) of the Borderlife
Zona Norte Agreement.

In accordance with the above and per the agreement, Subdivision demands
that you immediately remove any portion or depictions of the film from
your myspace.com webpage, and from any other medium of public
dissemination within your control. Any Subdivision property currently
in your possession is to be immediately returned to Subdivision without
delay. Any failure to fully comply with this demand shall, at
Subdivision's election, result in legal action to enforce Subdivision's
rights, including but not limited to an action for injunctive relief and
monetary damages. Pursuant to the agreement, Subdivision will seek its
attorneys' fees in the event such action is commenced.

Please also be advised that the obligations set forth in paragraphs one
(1) and two (2) of the Agreement shall continue in full force and
effect, including but not limited to the obligations of confidentiality
and non-use and non-disclosure of Subdivision property. As indicated
above, in the event Subdivision discovers your further breach of the
Agreement, it will not hesitate to take all legal steps necessary to
protect its property.

Finally, please be advised that neither this correspondence nor your
compliance with your legal obligations as set forth in the Agreement
shall constitute the waiver of any of Subdivision's legal rights in
connection with your existing breach of the Agreement. "

Again to date, we have not heard from this person and feel very badly that it had to come to this ... but feel we were left with no choice to protect ourselves and inform the public that we have not released this material in case it shows up anywhere. And we find it unfortunate for this individual to be starting off their new career like this. They could have come along for the whole ride but instead this was the fate they chose for themselves.

Subdivision did not want this and is still leaving the door open for some sort of explanation from this person to clear their name so that we are not forced into these situations where we have to post this stuff on our website. Quite frankly, we'd love to remove the story and hope to have the opportunity to do so if we are ever communicated with ... and finally, hopefully bring this to a peaceful conclusion.

More to follow ...