702-257-8822

9AM to 5PM

Monday Through Friday

Pacific Standard Time

The Last Word on

Deaver Brown, CD-Titles, And Simply Media

Despite the best efforts by some (Deaver Brown) to suggest that I am, I, Henry David Schmerin am not now, nor have I ever been an attorney licensed to practice law in any of these United States or abroad. Nor have I, Henry David Schmerin ever been a member of any State Bar Association. Nor have I, Henry David Schmerin ever practiced law. No State or Federal agency has ever taken action against me, Henry David Schmerin to revoke my license to practice law anywhere at any time. Nor have I ever played an attorney on TV or stayed at a Holiday Inn Express. I say this to clarify any confusion that I am the (Hiam) H. David Schmerin of Los Angeles, California who was disbarred by the State of California Bar Association. Having said this, we can move on....

There is an old saying... "If you can't dazzle them with brilliance, baffle them with bull." And, a bigger pile of bull has never been seen.

In every dispute or legal action taken, there is always going to be two sides with opposing positions. At trial, each side is given the opportunity to present their position and cross examine the other's. The judge and jury having heard the positions and evidence of both sides then make a decision and present their findings.

For Wrightwood Labs and CD-Titles / Deaver Brown, this took place in Superior Court before the good people of the Commonwealth of Massachusetts. 

The short version is that Wrightwood Labs won and CD-Titles / Deaver Brown lost. Having been unable to gain a satisfactory resolution in court, Deaver Brown (aka Simply Media) wish to take their claims to the court of public opinion. 

Here Simply Media publishes their account of what happened. On this page you will find copies of letters Deaver Brown received from attorneys for companies such as Proctor and Gamble and Warner Lambert professing that Wrightwood Labs and the company we licensed the material from, Budget Films, did not have authority to license or sell these materials. Very interesting reading.  

These letters to CD-Titles from Proctor and Gamble and Warner Lambert were admitted as evidence by CD-Titles and Deaver Brown at trial in their cross complaint against Wrightwood Labs (David Schmerin).

All of Wrightwood / David Schmerin's claims were upheld and CD-Titles found guilty on all counts. While all CD-Title's complaints against Wrightwood / Schmerin were summarily dismissed by the courts as being totally without merit.

The Superior Court for the Commonwealth of and the people of Massachusetts upheld Wrightwood Labs' (David Schmerin's) copyrights on materials licensed to CD-Titles. In so doing also legally declared that Wrightwood Labs (David Schmerin) did in fact have the rights to license the materials in dispute.

However, in all this there really is only one thing of importance..... FRAUD! Was there any? If so, committed by who? Only a judge can decide and decide he did. 

Following the Jury Verdict, Judge Allan Van Gestel issued his ruling concerning the charges of Fraud (G.L. c. 93A) raised against CD-Titles. The criteria to show fraud are;

"The objectionable conduct must attain a level of rascality that would raise the eyebrow of someone inured to the rough and tumble of the world of commerce."

The following are excerpts from the final written ruling issued by the court:

David Schmerin d/b/a The Wrightwood Company v. CD-Titles Inc. Findings, Rulings, and Order on G.L. c. 93A. Superior Court Civil Action NO. 95-7061-H as issued by The Honorable, Judge Allan Van Gestle.

1) "None of CD-Titles' excuses stands up under even the most basic scrutiny."

2) "CD-Titles violated G.L. c. 93A in its brazen treatment of Schmerin under the agreement. It acquired and used his copyrighted products and refused to pay for them. Its reasons for non-payment were not valid. Significantly, it's excuses did not stop CD Titles from marketing the titles after acquiring the license to do so, even to the extent of selling them over the Internet until nearly the day of trial. Even now, Brown admits continuing to sell in "non-traditional channels"". These activities not only make the violations clear, they also reveal its knowing and willful nature."

"For the reasons set forth above, this court finds and rules in favor of the plaintiff, David Schmerin, d/b/a The Wrightwood Company, on Count VII for relieve pursuant to G.L. c. 93A. The court finds and rules that CD-Titles' violations were knowing and willful."

In closing I leave you with a timeless adage.....

"Those who do not know history are doomed to repeat it."