About a year ago, Mary Johnson sued on behalf of herself and others who bought the Bond 50 box set base on packaging that stated “All the Bond films gathered together for the first time,” only to find there were two films missing: Casino Royale (from 1967) and Never Say Never Again. Now, thanks to the settlement from the lawsuit, MGM and 20th Century Fox Home Entertainment will be providing $8.7 million worth of digital copies of the movies.
Neither of the missing movies were associated with MGM. Casino Royale, created in 1967, was a Columbia Pictures spoof starring David Niven, Woody Allen, Peter Sellers and Orson Welles. Never Say Never Again was a film from Kevin McClory, who worked with Bond author Ian Fleming to create Thunderball. McClory at one point also claimed co-ownership of the character.
“Despite representing that the Sets contain EVERY charismatic star, David Niven, the ‘charismatic star’ of Casino Royale is missing from the Sets,” stated the complaint, according to The Hollywood Reporter. It also said, “David Niven was James Bond creator Ian Fleming’s first choice to play James Bond in the James Bond movies.”
In a motion to dismiss MGM responded, “[N]o reasonable purchaser would expect that a box set would contain films that are not included on the list of titles clearly printed on its packaging.” But the case moved forward. On top of the settlement, the agreement also ensures that all future packaging will be very clear.
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