Complaint filed in federal court on January 28, 2005 alleging the following:

Substantial facts and materials substantiate, at the very least Disney had incorporated some homages and set decorations from their famous Pirates of the Caribbean theme park ride attraction into Royce Mathew's original supernatural pirate story and structural blueprints. Disney also added the hanging scene from rival studio Universal's "Swashbuckler" movie. This plagiarizing recipe was then given a multimillion dollar budget and it's resulting yield was deliberately presented, solicited and sold as Disney's Pirates of the Caribbean movie that is based on Disney's famous Pirates of the Caribbean theme park ride attraction.

As documented, Disney remains pompously defiant of any accountability, flexing an unscrupulous dominating, uncooperative and manipulative professional demeanor. Disney continuously ignores the importance of a comprehensive account of facts and belittles Royce Mathew's attempt to create a logical comprehensive account, sarcastically responding in their May 13, 2004 letter that he is more interested in "controversy" than a "resolution".

Case No. 6:05-CV-152-ORL-22-KRS

ROYCE MATHEW,
Plaintiff,

vs.

WALT DISNEY STUDIOS,
BUENA VISTA MOTION PICTURE GROUP,
WALT DISNEY PICTURES,
WALT DISNEY ENTERPRISES, INC.,
BUENA VISTA PICTURES DISTRIBUTION, INC., and
BUENA VISTA HOME ENTERTAINMENT, INC.,
Defendants.

COMPLAINT FOR:
(1)COPYRIGHT INFRINGEMENT;
(2)INFRINGEMENT OF RIGHT OF REPRODUCTION;
(3)INFRINGEMENT OF RIGHT TO PREPARE DERIVATIVE WORKS;
(4)INFRINGEMENT OF RIGHT OF DISTRIBUTION;
(5)INFRINGEMENT OF RIGHT OF DISPLAY;
(6)INFRINGEMENT OF RIGHT OF ATTRIBUTION;
(7)MISAPPROPRIATION; AND
(8)MISAPPROPRIATION OF TRADE SECRET (FLA. STAT. CH. 688)

INTRODUCTION

1. The Plaintiff, Royce Mathew, (hereinafter "Royce Mathew" or "Mathew" or "Plaintiff" or "the Plaintiff") has filed this action against the Defendants, Walt Disney Studios, Buena Vista Motion Picture Group, Walt Disney Pictures, Walt Disney Enterprises, Inc., Buena Vista Pictures Distribution, Inc., and Buena Vista Home Entertainment, Inc., (hereinafter "Disney" or "Defendants") who have unlawfully engaged in copyright infringement, including the deliberate exploitation of, unauthorized copying of, unauthorized use of, unauthorized live performance of, unauthorized recording of, solicitation, distribution and selling of intellectual property, formula, blueprints and trade secrets especially of his original supernatural pirate story (hereinafter "creative materials", or "supernatural pirate story" or "1994 supernatural pirate movie"), created, authored and owned by the Plaintiff, and legally registered to the Plaintiff under U.S. copyright laws.

2. Due to several motivating factors including Disney's desperate need for valuable creative materials with which to rapidly manufacture a successful in-house movie in order to boost it's financial profitability and present a positive studio image to it's shareholders and potential investors, and years after failed negotiations with the Plaintiff, and approximately seven years after the publication and commercial distribution of a short, condensed version of the Plaintiff's 1994 supernatural pirate movie, Disney has willfully plagiarized and deliberately infringed upon the Plaintiff's copyright and intellectual property, by copying, exploiting and augmenting the Plaintiff's creative materials, including his secretive formula, structural blueprints and trade secrets. Hence, Disney spent millions of dollars to present in great grandeur the copied, exploited and augmented unique creative materials originated by, crafted, designed and belonging to the Plaintiff as their own creation and property.

3. As the facts substantiate, Disney has plagiarized the Plaintiff's original supernatural pirate story with it's uniquely crafted fictional inventions and components from his creative materials with which to first manufacture a screenplay, also known as a "script". After Disney had copied, exploited and augmented the Plaintiff's creative materials for a screenplay, a live performance of this screenplay was recorded onto visual and audio mediums and was then deliberately presented, solicited and distributed by Disney as the, "Pirates of the Caribbean" movie (hereinafter "Pirates of the Caribbean movie" or "Disney's Pirates of the Caribbean movie" or "Disney's 2003 supernatural pirate movie" or "2003 supernatural pirate movie"). Upon it's distribution in 2003, the Pirates of the Caribbean movie had been given a subtitle, "Pirates of the Caribbean: The Curse of the Black Pearl".

4. Upon closer inspection, as the facts and materials substantiate, at the very least Disney had incorporated some homages and set decorations from their famous Pirates of the Caribbean theme park ride attraction into the Plaintiff's original supernatural pirate story and structural blueprints. Disney also added the hanging scene from rival studio Universal's "Swashbuckler" movie. This plagiarizing recipe was then given a multimillion dollar budget and it's resulting yield was deliberately presented, solicited and sold as Disney's Pirates of the Caribbean movie that is based on Disney's famous Pirates of the Caribbean theme park ride attraction, (hereinafter "Pirates of the Caribbean theme park ride attraction" or "Pirates of the Caribbean ride attraction").

5. Inspection of the materials also substantiate that Disney has also copied and exploited certain portions of the Plaintiff's creative materials for financial profit and prestigious gain for other products, notably their 2002 released animated movie entitled, "Treasure Planet" (hereinafter "Treasure Planet" or "Treasure Planet movie") and related derivative products.

6. Access, as extensively documented and presented within this complaint, notably in the "Factual Background - Part 15" section, proves that over the course of approximately twenty years, Disney had an abundance of various direct and professional entertainment business access to Plaintiff's creative materials, his secret original formula and trade secrets. This includes Plaintiff dealing directly with Disney, it's close professional entertainment business associates such as the Creative Artists talent agency and the William Morris talent agency, as well as with Michael D. Eisner, Disney's CEO.

7. As documented and presented within this complaint, it is shown that despite their enormous resource differences, and even when comparing the short, condensed version of the Plaintiff's 1994 supernatural pirate movie to Disney's 2003 supernatural pirate movie, hundreds of preternatural uncanny similarities, near identical and identical uniquely original elements of the structural blueprints, including story, characters, concepts, motivation, development, design, schematic approach, actor's performances and even physical typecasting are revealed. There are nearly identical scenes with the same unique story and character concepts, elements and information being provided. Both contain the Plaintiff's specifically designed, secretive and eccentrically crafted original unique story blueprint recipe. Both have key characters who use the same specific phrases and dialogue. Some characters speak similar, nearly identical and identically unique dialogue including at the same similarly specific pivotal moments in the story. Some direction is evidently copied and patterned after the Plaintiff's creative materials, with some scenes containing similar and nearly identical camera angles and character blocking. None of which appears in Disney's Pirates of the Caribbean theme park ride attraction.

8. As documented, Disney's Pirates of the Caribbean ride attraction has no story and Disney had received a lack of confidence from it's employees who were hired to assist Disney in manufacturing a movie based upon it. As documented, Disney repeatedly failed to manufacture a favorable screenplay for a movie based on it's Pirates of the Caribbean ride attraction. As documented, Disney's "primary financial goals" are to "maximize earnings and cash flow", and to "allocate capital profitability toward growth initiatives that will drive it's long-term shareholder value". Thus, for enormous financial and prestigious benefits to Disney's various enterprises, Disney unscrupulously copied, exploited, augmented, "plagiarized and harvested" the fruits of the Plaintiff's lifelong dedication and hard work. Disney deliberately infringed, robbed and has willfully deprived the Plaintiff of his rightful ability to exploit and profit from his own creative materials, talents, franchise and artistic legacy. Disney and their shareholders have greatly profited, continues to profit and have created a legacy to further profit from their infringement and plagiarism of the Plaintiff's talents and his creative materials.

9. As documented and presented within this complaint, substantial facts exposes Disney's deliberate misdirection, their calculated deception and their unscrupulous practices surrounding the manufacturing of the Pirates of the Caribbean movie. For example, Disney and it's employees, including it's CEO Michael D. Eisner, proudly promote, continuously represent and relentlessly reinforce to the public, Disney shareholders and potential investors that it had succeeded with it's goal of manufacturing a movie based on it's Pirates of the Caribbean theme park ride attraction. However, facts and the inspection of the Pirates of the Caribbean ride attraction unequivocally prove that the Pirates of the Caribbean movie is not based on Disney's Pirates of the Caribbean ride attraction, hence Disney and it's employees have deliberately lied; and,

10. Inspection of the facts and "tells" substantiate that Disney harbors, tolerates and protects a type of unscrupulous plagiarizing operative policy which especially had it's Pirates of the Caribbean movie employees, notably credited producer Jerry Bruckheimer and credited writers Jay Wolpert, Stuart Beattie, Ted Elliot and Terry Rossio each working directly from the Plaintiff's creative materials especially when manufacturing the Pirates of the Caribbean movie screenplay; and, the facts substantiate that Disney had it's credited director Gore Verbinski also utilizing the Plaintiff's creative materials either directly or indirectly for the manufacturing of the Pirates of the Caribbean movie; and,

11. Facts demonstrate how Disney has some of it's Pirates of the Caribbean movie employees, notably Jerry Bruckheimer, Jay Wolpert, Stuart Beattie, Ted Elliot and Terry Rossio deliberately and continuously misrepresenting the Plaintiff's creative materials as Disney's property. Thus enabling them, for example, to cunningly take credit for the Plaintiff's creative materials and sell it as Disney's property, as well as to facilitate concealing their plagiarism. Facts also substantiate how Disney deliberately uses misdirection with which to trivialize the Plaintiff's original ideas, while falsely attributing the Plaintiff's creative materials as part of certain highly acclaimed "Disney Legends" artists' work with the Pirates of the Caribbean ride attraction; and,

12. The substantial facts and information as documented and presented within this complaint, that substantiate Disney had plagiarized the Plaintiff's creative materials, also substantiates that the unique story, components, including the structural blueprints, formula and dialogue as found in the Plaintiff's 1994 supernatural pirate movie, including his short, condensed version and Disney's 2003 supernatural pirate movie is by no accident or by coincidence, because there are certain self crafted components as well as his original fictional inventions which pinpoints the Plaintiff as the true creator. For example, in it's haste when copying, exploiting and augmenting the Plaintiff's creative materials, Disney has prominently featured specific and substantial "tells" of the Plaintiffs creative materials in the Pirates of the Caribbean movie. As documented, rather than Disney using the highly respected and substantial history of their own Pirates of the Caribbean ride attraction, Disney has instead prominently featured the same history and unique formula as found in the Plaintiff's creative materials in the Pirates of the Caribbean movie. As the facts substantiate, that when Disney had copied, exploited and augmented the Plaintiff's creative materials, they had also copied and exploited the Plaintiff's self crafted original fictional inventions formula with it's uniquely incorporated factual and fictional history from his presentation into the Pirates of the Caribbean movie. In addition to Disney prominently featuring these substantial "tells" in the Pirates of the Caribbean movie, the Plaintiff's artistic legacy fingerprint is also evident.

13. In addition to the highly detailed text and visual comparisons, supporting facts that substantiate the Plaintiff's claims have also been detailed within this complaint. For example, facts unequivocally prove the occupational copying, exploiting and augmenting practices of Disney and some of it's Pirates of the Caribbean movie employees; and,

14. Facts unequivocally prove the occupational copying, exploiting and augmenting practices, as well as documents the plagiarizing motives of Disney and it's credited writers Ted Elliot and Terry Rossio of the Pirates of the Caribbean movie; and,

15. As documented, Disney's Pirates of the Caribbean movie employee, credited writer Terry Rossio gave published testimony revealing Disney's policy to allow writers to use and present other writers' creative "script" materials when attempting to manufacture a movie project; and,

16. Credited writer Ted Elliot gave published testimony admitting that they "had no problem looking for the best idea, no matter what the source" was when manufacturing the Pirates of the Caribbean screenplay and movie; and,

17. Credited writer Terry Rossio gave published testimony admitting that he is "jealous" and "somewhat resentful" of imaginative writers because he is in a constant state of having "writer's block", which is a mental state of the inability to write, especially creatively. As documented, credited writer Terry Rossio suffers from "writer's block", especially before and during the manufacturing of the Pirates of the Caribbean movie; and,

18. For years, especially before and during the manufacturing of the Pirates of the Caribbean movie, credited writers Ted Elliot and Terry Rossio have been beckoning, baiting and encouraging the public and aspiring writers to submit their original creative materials "great ideas" to them, including using their former employer's address as well as for a period of time to a Disney address; and,

19. Especially before and during the manufacturing of the Pirates of the Caribbean movie, credited writer Terry Rossio gave published testimony firmly warning the public and writers that "your" valuable "ideas will get stolen" by people in the entertainment industry; and,

20. Justifying their plagiarism, credited writer Ted Elliot gave published testimony calling their practice of copying, exploiting and augmenting other people's creative materials for use in the Pirates of the Caribbean movie a "little homage"; and,

21. Credited director Gore Verbinski's previous movie, prior to directing the Pirates of the Caribbean movie, was copied, patterned, exploited and augmented from a previously published movie.

22. Also as documented, Disney's Pirates of the Caribbean movie employees especially credited writers Stuart Beattie, Ted Elliot and Terry Rossio have intentionally aided Disney's unscrupulous deception by reinforcing to the public, Disney shareholders and potential investors that Disney had succeeded with it's goal of manufacturing a movie based on it's Pirates of the Caribbean theme park ride attraction; and,

23. Former Disney executive and an executive producer for the Pirates of the Caribbean movie Mike Stenson, has aided Disney's unscrupulous deception by reinforcing to the public, Disney shareholders and potential investors that Disney had succeeded with it's goal of manufacturing a movie based on it's Pirates of the Caribbean theme park ride attraction; and,

24. As producer Jerry Bruckheimer, movie actor Johnny Depp and movie actress Keira Knightley gave published testimony verifying that the Pirates of the Caribbean movie was not based on Disney's Pirates of the Caribbean ride attraction, Disney and especially it's CEO Michael D. Eisner were deliberately lying and continuously deceiving the company's shareholders, the public and potential investors that Disney had indeed succeeded in manufacturing a movie based on Disney's Pirates of the Caribbean ride attraction.

25. In their limited response, Disney is firm on being uncooperative, showing absolutely no interest in the truth, or the administration of justice. Despite the Plaintiff's credentials and having provided Disney with over twenty detailed pages of compelling facts and color photographs substantiating that his intellectual property was plagiarized, Disney through their corporate cultivated delusional and manipulative games, as documented and presented within this complaint, refuses to afford any cooperation. Clearly through cooperation Disney could have found answers. Yet, as documented and presented within this complaint, Disney employs an unscrupulous defense strategy. Disney continuously ignores the importance of a logical comprehensive account of facts. Disney unabashedly fabricates and distorts documented facts, attempting to dilute and adulterate the accumulating chronicles. Disney refuses to allow any mutual inspection of various earlier drafts of screenplays and materials. Despite the compelling facts and color photographs substantiating the infringement and plagiarism of the Plaintiff's creative materials presented to Disney, with their correspondence Disney belittles the Plaintiff's attempt to create a logical comprehensive account of facts, sarcastically responding in their May 13, 2004 letter that the Plaintiff is more interested in "controversy" than a "resolution".

26. As documented, Disney labels over twenty pages of facts and color photographs which the Plaintiff had provided to them as insignificant "snippets". Then when the Plaintiff invited Disney to a courtesy meeting where they would have been able to inspect, handle and review additional items including additional photographs as well as audio and video materials, Disney who has offices, employees, representatives and agents within the State of Florida, arrogantly responded with an excuse to not view the additional materials while condescendingly and repeatedly instructing the Plaintiff to follow it's defense strategy without ever providing any cooperation to the Plaintiff. Disney had even deactivated or changed it's Disney board of directors' company email accounts when the Plaintiff had begun sending electronic copies of his correspondence with Disney, thus preventing him from continuing to do so. As the facts substantiate, Disney isn't interested in the truth or the proper administration of justice, they are only interested in dragging the Plaintiff through it's unscrupulous defense obstacle course.

27. Several months after Disney refused to afford logical cooperation to the Plaintiff, Disney had distributed a DVD consumer product entitled "The Lost Disk" DVD. As documented, with this "The Lost Disk", Disney had again used it's Pirates of the Caribbean movie employees, especially credited director Gore Verbinski and credited writers Ted Elliot and Terry Rossio to yet again reinforce to the public, to Disney shareholders and to potential investors that Disney had succeeded with it's goal of manufacturing a movie based on it's Pirates of the Caribbean theme park ride attraction. As documented, Disney had even cleverly edited some of Johnny Depp's and Jerry Bruckheimer's published testimony into video footage on "The Lost Disk", in order to make them appear to be supporting Disney's claims of it's success in manufacturing a movie based on Disney's Pirates of the Caribbean ride attraction; and,

28. Inspection of Disney's unscrupulous business practices with their deliberately deceptive achievement and marketing techniques of the Pirates of the Caribbean movie reveals that this is not an isolated incident. As with another product they have purposely associated to their Pirates of the Caribbean theme park ride attraction, as documented and presented within this complaint, these specific facts further substantiate that Disney enforces a parasitic policy which directs the incorporation of homages and references to their Pirates of the Caribbean ride attraction into the creative materials of others and then claim the resulting product was based on their Pirates of the Caribbean ride attraction and movie of the same name.

29. To date, as documented, Disney employees who had worked on the Pirates of the Caribbean movie, specifically credited writers Ted Elliot, Terry Rossio, Jay Wolpert, Stuart Beattie; producer Jerry Bruckheimer, Jerry Bruckheimer Films and it's parent company Jerry Bruckheimer, Inc., (hereinafter "Jerry Bruckheimer") as well as actor Johnny Depp, have all ignored certified correspondence alerting them of the serious matter at hand.

30. To date, as Disney continues to elicit enormous profits for their companies, their shareholders, large personal bonuses and continuing to gain prestigious recognition from the Pirates of the Caribbean movie, Disney remains pompously defiant of any accountability, cocooned behind an unscrupulous, uncooperative and manipulative professional demeanor. As the facts substantiate, Disney wrongly expects the Plaintiff to be submissive to it's corporation, and allow Disney to control, dictate and regulate all matters pertaining to his intellectual property and rights. Because Disney has refused to accord even a modicum of logical cooperation, it has left the Plaintiff with an ultimatum, that he either passively follows Disney's defense strategy or face it's expert legal maneuvering skills in court. Clearly, Disney's uncooperative and unscrupulous defense strategy serves no purpose other than to annoy, bully and burden the Plaintiff, hinder the administration of justice and aid in it's goal of escaping accountability.

31. Absolutely, Disney is not entitled to copying, exploiting, harvesting and augmenting the Plaintiff's creative materials either directly or through it's professional business associates simply because it has an unscrupulous corporate policy to do so. Nor is Disney entitled to the Plaintiff's creative materials simply because Disney harbors or engages in business with individuals who have unscrupulous business principles in order to obtain valuable creative materials. Just because Disney has given the Plaintiff's supernatural pirate story a slick multimillion dollar presentation, does not give Disney the rights to the Plaintiff's creative materials either. However, as already made evident, Disney believes it's high profile, influence, expert legal maneuvering skills and vast resources protects it when it copies, exploits and augments the intellectual property of an independent artist; and,

32. As already made evident and documented, Disney's corporate attitude towards the Plaintiff, as well as towards a related matter involving Disney's CEO Michael D. Eisner and former Disney employee Michael Ovitz, demonstrates that it is Disney's habitual policy to drag the Plaintiff, the public as well as the courts though it's company "lexicon" brainwashing machine in order to manipulate the facts and dilute the truth. As documented, it's Disney's habitual practice to have it's employees lie as well as not be "completely candid" until they are compelled to be truthful by being placed under oath.

33. Therefore, having followed all logical avenues, and with the Defendants conducting themselves as documented, as well as not being able to afford or find appropriate legal representation, the Plaintiff has filed Pro-se with the court. Filing his complaint Pro-se, the Plaintiff rightfully seeks justice by which to hold the Defendants accountable, which includes forcing the Defendants to stop all transmissions, marketing, distribution and showings; cease the manufacturing of all derivative works; to surrender all infringing products, manufacturing items and materials regardless of their stored and presentation mediums for their destruction; to stop it's executives, executive producers, producers, writers, director, actors, subsidiaries, shareholders and others from receiving financial gains, compensation and profits; remediate the effects of their actions; and fully compensate him for their illegal conduct as prescribed by law.

34. The Plaintiff also asks the court to take Disney's documented uncooperative, unscrupulous and manipulative practices with this matter into account. Unequivocally, had Disney offered professional courtesy, afforded logical cooperation and practiced decent ethics to address the Plaintiff's serious charges of infringement and plagiarism of his intellectual property, much could have been accomplished in a forum outside of this court.