Last we heard from Smith, he had just dug out of a pot binge a month or so after Zack and Miri Make a Porno had crashed upon lift-off. The denial, anger and bargaining phases had all seemed to mostly wear off by then, smoothly transitioning into the depression that comes from knowing your mass-market adult comedy — starring one of America's hottest young actors — bombed in every conceivable (and foreseeable) sense.

But! Acceptance is right around the corner with the DVD release. Except when it's not, as in Smith's new interview with the Toronto Sun, during which he relapsed all the way back to last fall's Harvey-bashing tendencies:

Why didn't audiences embrace it?

"I think they would have if they had ever known the movie was out," Smith [said]. "The big problem with Zack and Miri was that their awareness was always really screwed up."

Smith says The Weinstein Company misfired in its marketing campaign in the U.S., especially when it got bogged down in ratings and title controversies. In contrast, the Weinsteins routinely triumph with costume dramas and serious material such as the Oscar-nominated The Reader, Smith says.

"Unfortunately, this was a studio comedy and needed to be sold like that."

We're not so sure, Kevin. Harvey isn't the one crawling out of a "weed cocoon" during awards season. Maybe you should have trusted him when he tried to change Porno to Holocaust Epic. Really, does know his stuff.

• Porno screw-up [Toronto Sun via MyHogtown]

In an epic podcast recently undertaken with his longtime producer Scott Mosier, the filmmaker describes the initial instant he realized the scope of Zack and Miri's opening-day underperformance — that morning after Halloween, in a slo-mo fog that he acknowledges sent him retreating into the succor of his "weed cocoon," wondering why his comely, supportive wife hasn't yet left him for a more profitable auteur. Are you kidding, Kev? And miss out on the good times? Like, "Wes whatever" may have respect and success, but you won't hear about his toilet-pulverizing escapades on The Tonight Show. Buck up!

• SModcast 68 [Quick Stop Entertainment]

As director Kevin Smith told the LA Times today, "If [Zack and Miri] dies at the box office, I don't think we'll see another porn-related comedy for a long time." We have a better idea: Make all the porn comedies you want, just don't release them on Halloween behind a campaign featuring sanitized TV spots and stick figures of Seth Rogen and Elizabeth Banks. While the latter star still remains a relatively unknown box-office quanity, Rogen has done nothing but open one R-rated comedy after another since last year. Zack and Miri, not so much: It's Rogen's worst opening by far, collecting less than a third of Knocked Up's $30.7 million draw in May '07 and contorting his agent into insisting Rogen doesn't need fellow UTA-er Judd Apatow behind him — as with Knocked Up, Superbad and Pineapple Express — to deliver a hit.

Smith, meanwhile, probably won't even beat his opening for Clerks 2, triggering critics to ask how much demand — if any — remains for his digressive brand of raunch. But don't take our word for it: He anticipated it himself, pushing the script for his terrorism drama Red State during the press rounds for Zack and Miri. The Weinsteins didn't want it then and definitely won't take it now; their parting ways with the filmmaker (for now) has less to do with taste than insolvency, particularly with the backlog of films piling up next to the mop in their utility closet. It was fun while it lasted. Except the Jersey Girl part, of course, but they're over it.

Which leaves the Weinsteins themselves, having failed once more in their attempts to stir up ratings and title controversies, looking to Zack and Miri's Flopz™ eternity for a little nickel-and-dime magic for years to come. There's always this week's Soul Men, though, right? Not so fast, says R&B legend Sam Moore, who told The Independent this weekend that he may seek a share of the gate for the Sam Jackson/Bernie Mac comedy he thinks ripped off his life story. And it didn't even do it well:

The film infringes trademark rights over the duo's most famous song, "Soul Man", Moore alleges. It also wrongly portrays them as constantly swearing, making liberal use of the "N-word" and indulging in casual sex with groupies, he complains.

"The film is sexist, racist, and embarrassing, and that's not what Sam & Dave were about," said Moore, who is seeking "significant" compensation, together with a disclaimer distancing him from the narrative. [...]

"The Weinstein Company says the film's fiction. In that case, I'd like them to tell me what part's supposed to be fiction," said Moore. "I'd like them to tell me which two black soul musicians, signed to Stax Records, who worked with Isaac Hayes, it's meant to portray."

Oh — so that's why they wanted to share this one with MGM. Things may be lean around the office these days, but at least Harvey and Bob won't have to face a jury alone.

• 'School' still rules box office [Variety]

• 
  'Soul men' film is no laughing matter... [The Independent]

1. High School Musical 3 - $15.035 million
Every sweeping social movement in this country's history came with its own stirring soundtrack, from "Yankee Doodle" to "Amazing Grace" to Joan Baez singing "We Shall Overcome" to a field of rain-soaked Woodstock participants. And as we too now stand at the crossroads of hope and progress, we can think of no better accompaniment than East High's eunuch basketball team singing "Now or Never." The times, they are indeed a-changin'.

2. Zack and Miri Make a Porno - $10.682 million
As we predicted, the Seth Rogen comedy fell about $4 million shy of the HSM kids. (Who, it should be pointed out, had already explored that topic well over a year ago, when tweens still found the DIY-porn-thing cool.) The blame-flinging begins momentarily, in a heated phone exchange between Harvey Weinstein and Kevin Smith, the beleaguered Weinstein Company head shouting, "You just HAD to tell the toilet story, didn't you? Because when people want to forget their problems for a few hours with a laugh and perhaps a glimpse of some Elizabeth Banks skin, what they're really crying out for is the image of you taking a dump and shards of porcelain suddenly flying off in all directions. Bravo, Kevin. Bravo. No really. Well played, my friend," before mumbling a "Jesus Christ," and hanging up in disgust.

3. Saw V - $10.11 million
We're torn. On the one hand, we're thrilled to have Jigsaw and his little tricycle-riding puppet Billy come out against Prop 8. On the other hand, did they really have to rig the voting booths so that a bear trap clamps down on your head if you press "Yes?" Enh, why not.

4. Changeling - $9.407 million
Clint Eastwood's latest earned an average $5,085 per screen—more than any other movie in the top ten—meaning that at least a few people might have understood why you were rollerskating around Santa Monica Blvd. Friday night with some brown Cabbage Patch Dolls, a 1920s hat, red lipstick, and not much else. Everyone else just figured you were another naked freak at the parade. Either way, however, you're bound to see yourself in Frontiers magazine next week. Congrats!

5. The Haunting of Molly Hartley - $6.009 million
Chace Crawford's leap to the big screen is looking to be one of this year's big Razzie frontrunners, earning a solid 00% on Rotten Tomatoes. The movie's hormonal fanbase, however—while feeling it "dragged in spots" and could have "been scarier,"—strongly felt that the star's own performance was, "AAAAAAAAAAAAAAAAAAAAAAAAAAAH CHACE I WANT TO HAVE YOUR BABIES AHHHHHHHHHHH!!!!!!!!" Distributor Freestyle is hoping that could translate to robuts home video sales.

• October 31–November 2, 2008 [Box Office Mojo]

Apatow's R-rated fare usually does a decent job crossing over to younger audiences, and Smith may have been hoping that pattern would continue with so many recognizable actors from Judd's films in Zack and Miri. Parents may have been especially wary of their teens seeing a film with 'Porno' in the title. Even the dour Changeling might have more legs than Zack and Miri, as Nikki Finke argues. In any case, the film's gross so far is more in line with Smith's past results than Apatow's: even Forgetting Sarah Marshall brought in $17.7 million on its opening weekend. Good word of mouth could help, but the film hasn't been a critical favorite so far either.

Update: That early estimate may be a tad high. From The Hollywood Reporter:

"Zack and Miri Make a Porno" followed with $10.7 million, said closely held distributor Weinstein Co. Other studios, however, said that estimate was at least $1 million too high.

"There's no question that we're being a little bit aggressive," said Weinstein Co. distribution chairman Steve Bunnell, referring to the studio's estimate of Sunday sales. Final data will be issued on Monday.

The larger impact is on the struggling Weinstein Company. Harvey can't be pleased to see this film underperform. Click here for the full results from the weekend.

WHAT'S NEW: The Pepto-Bismol is on ice at Weinstein Co. headquarters, where Harvey awaits the numbers for Kevin Smith's hopeful studio-savior Zack and Miri Make a Porno. But anyone who has followed our own prophetic Zack and Miri coverage since last summer is at least a couple steps ahead: Our predicted $14 million opening is right about where the raunchy Seth Rogen/Elizabeth Banks comedy is tracking, faced with heavy competition from holdover Saw V and other holiday hellraising outside the 'plex. Still, it's not a terrible showing; it will fall about $4 million shy of High School Musical 3's number-one spot, but should have relatively strong legs in weeks two and three, which is about the most Harvey can hope for with a movie he can't even market accurately.

Clint Eastwood and Angelina Jolie's Changling killed last week in limited release ($33,000 per screen) on its way to an 1,800-screen expansion today. Jolie portrays Christine Collins, whose son's kidnapping in 1928 led to one of the most damning police-corruption scandals in Los Angeles history. Plenty of critics are down on the star as some hysterical dervish chewing up Eastwood's period scenery, but we don't see the point in criticizing an unapoloegtic melodrama for being successful at what it does. Eastwood cranks out lugubrious movies for adults, emphasizing presence and technique; Jolie matches him step-for-step. What's the problem? It's a likely top-three finisher at $10.7 million and probably the best thing going wide today, and either way it's preferable to dealing with costumed punks at your doorstep for three hours.

Also opening: The animated suspense anthology Fear(s) of the Dark; the midnight-movie horror-comedy-romance Just Buried; the indie gorefest Splinter; and the bleak circus dramedy Little Big Top.

THE BIG LOSER: The teen-possesion The Haunting of Molly Hartley has little but a brow-furrowed turn from Chace Crawford and a laugh-out-loud trailer voiceover from the late Don LaFontaine to recommend it. If this breaks $4 million this weekend en route to Flopz, we will personally finance the sequel ourselves.

THE UNDERDOG: Paul Krik's 9/11-noir Able Danger is a nifty, paranoiac piece of work, a kind of Maltese Falcon meets JFK rendered in startling monochrome that defies the far more complicated scenario faced by its protagonist: Adam Nee plays a Brooklyn bookshop staffer and renowned conspiracy theorist chipping away at the German connection to the 9/11 terrorists. A mysterious femme fatale (Elina Löwensohn) drops in from nowhere, exposing the writer and his colleagues to secret agents, counteragents and all the deadly cloak-and-dagger mischief they imply. Krik's deft chemistry of density, humor and style are all the more admirable for the microbudget that enabled them; even if you don't understand a lick of it (and we can't say we've quite caught up ourselves), we think you'll appreciate the opportunity to give it a try.

FOR SHUT-INS: New DVD release include the Halloween must-see Zombie Strippers and a surplus of diverse, essential TV collections: NewsRadio: The Complete Series, Good Times: The Complete Series, Sanford and Son: The Complete Series and The Flintstones: The Complete Series. It must be the holidays.

So are you into Porno? Is it your time to catch up with HSM3? More importantly, have you seen Synecdoche, New York yet? Get on it, already; this week's crop seems to be making it easy for you.

Last month the MPAA banned the movie's poster for being too raunchy. That was a huge red flag. The company responded by thumbing its nose with a cute little riff on the controversy, and continued on its merry way, marketing-wise.

But ads for the film were still getting banned across the country. Now it seems to be sinking in that the very title of the movie could prevent it from being properly marketed and advertised, dooming it to box office failure:

The public outcry has left the film's director and distributor flabbergasted. "I can't believe this is happening in the 21st century," says Mr. Smith. "When was the last time you saw a porno with the word porno in the title?"

"Anyone who takes the title seriously is missing the comedic aspect of the movie," says Harvey Weinstein, co-chairman of Weinstein Co.

"This is the one time I don't want controversy. This is a big, broad, fun Seth Rogen comedy," he says. "Hopefully people will see the movie for what it really is."

Do we detect a touch of nervousness in Harvey's quotes? As dumb as American puritanism is, you'd think that a company in Weinstein Co.'s position would go out of its way to make sure that a promising film actually succeeds financially. If Zack And Miri tanks because of a careless title... well, let's just hope it doesn't. For Harvey's sake!

Ads for the movie are being rejected across the nation! Boston ads drew complaints. Philly banned them altogether. And in Los Angeles, the dastardly marketing scheme is preventing children from understanding a baseball strategy in which a runner on third base breaks for home as the pitch is thrown and the batter simultaneously bunts, which can pay off in a run unless the batter misses the bunt, in which case it's almost surely an out at the plate:

One complaint came from a man watching a game in September with his young son, who did not understand a suicide-squeeze bunt the Dodgers tried, Rawitch said.

"He was explaining to his son what a squeeze bunt was. Commercial break, the ad comes on, and the kid asks, `Dad, what does porno mean?'" Rawitch said. "Dodgers baseball has always been about family, and we've always been sensitive to the type of advertising that runs on our games."

Is there nothing Seth Rogen's sex drive cannot destroy? [AP]

It's fairly speculative for now, with MGM reportedly acknowledging the break-up to The Business Sheet and TWC staffers cranking the Muzak lest they hear the press ringing their phone ringing off the hook. (Or, more officially, Weinstein reps were not available for comment.) What we do know is that Harvey isn't capitalized enough to market and distribute Porno, The Reader and any of the five films in between — The Road, Killshot (a recent shelf-rescue capitalizing on star Mickey Rourke's Wrestler buzz), Fanboys, Crossing Over and Shanghai — without some outside help. And that's not counting the putative Oscar campaigns planned for at least The Road and The Reader, the latter of which film's embattled '08 release (it's not even finished, for Christ's sake) is looking decreasingly likely by the day.

We're also tempted to wonder what kind of hand Rudin might have had in pulling MGM's plug, but let's face it: He's too busy for sabotage, and the fraught MGM/TWC relationship didn't need him to push it over the cliff when Harry Sloan and Harvey were disintegrating just fine by themselves. Moreover, MGM has its own December delivery to worry about with UA's bumped-up Valkyrie — even more potential awards-season fodder (or so it hopes) that didn't need competition from Kate Winslet's own WWII Nazi drama. And its not like these were blockbusters; MGM did all right collecting its cut from joint releases like the $70 million sleeper 1408, but what does it lose hacking off The Road or Zack and Miri — an R-rated comedy with stick figures on the poster — at the knees?

Answers are forthcoming, believe us. For know, all we really know for sure is that this totally screws up our bold prediction for Harvey's return to supremacy.

• MGM Showing First Signs Of Weinstein Breakup [The Business Sheet]

[Kevin Smith via Adfreak]

· Paris, Not France premiered Tuesday night, with its subject in attendance as promised and with a letter from its beleaguered sales agent reportedly making the rounds beforehand:

"With less than one hour to go and no restraining order in place, I feel comfortable now letting you all know that this film was the subject of legal threats and was almost not shown at all here at the festival. [...] I am hoping that Paris will see, with the audience tonight, that there is nothing to be afraid of here. And will eventually let the film be distributed. What was originally conceived to be a 20-minute puff piece extra on the DVD release for her album, has in fact become a fascinating examination of what it's like to be a star in our star-obsessed culture. I can guarantee you three things: you may be the only people to ever see this version, you will not be disappointed, and everyone will be asking you if you saw it."

A few trusted sources were there, one of whom seemed to like the film more in theory: "Paris Hilton didn’t create this system––she’s just amongst its most photogenic exploiters. Its lack of perspective on its subject is troubling in the present, but at the very least, Paris Not France may serve in the future as a valuable time capsule of that exploitation in action." Another was less convinced, lamenting a larger Hilton conspiracy against the fest as a whole. And like you, we sense ourselves forgetting about the whole imbroglio before we even finish this sentence.

· IFC Films announced this morning that it acquired Steven Soderbergh's polarizing, 262-minute biopic Che for Stateside distribution. Look for one-week NYC/LA runs in December (followed by a VOD run in January), thus qualifying star Benicio Del Toro for an Oscar nomination that will probably go to Mickey Rourke anyway.

· Speaking of Oscars, The Hollywood Reporter notes that this year's fest is relatively light on awards-season hopefuls. Come back, Diablo Cody, all is forgiven!

· Kathryn Bigelow's actioner The Hurt Locker — which even mortal enemies David Poland and Jeffrey Wells agree is the best Iraq War film to date — also found a buyer, with the upstarts at Summit Entertainment grabbing it for under $2 million.

· Kevin Smith has officially moved into the I-slew-Goliath phase of his predetermined ratings squabble over Zack and Miri Make a Porno, telling an interviewer at Premiere exactly how many frames of fecal matter you can get away with onscreen before the NC-17 ax falls.

· Just for the record, Noah Emmerich's starring-role streak in New Line films — his latest being a cop in Pride and Glory — has nothing to do with the fact his brother runs the studio. If you don't believe him, ask him — it worked for Anne Thompson!

· A National Post writer went to the party for Nick & Norah's Infinite Playlist, where Michael Cera bumped around wearing his backpack and Kat Dennings, ahem, "gave off the unpretentious dewiness that is a visa of sorts to the country of bigger fame for starlets-on-the-climb." And if that fails, there's always Robert Rodriguez's hot tub.

· Tired of his besties at Warner Bros., Patrick Goldstein upgraded in Toronto with newfound documentary sensation LeBron James. The NBA star is featured in Hoop Dreams-ish coming-of-age saga More Than a Game, which tracks five kids — including James (it was only six years ago!) — from their "decrepit inner-city gym" to their contention for a national high school basketball championship. It apparently made James cry and made producer/music mogul Jimmy Iovine call Goldstein, who pimps it lovingly, noting that Lionsgate might be at the front of the line to pick it up.

· At last night's Sony Pictures Classics dinner, Anne Hathaway's shoes deflected attention from Charlie Kaufman's public awkwardness. That was nice of them!

· Which reminds us: Celebrities! Starlets! Ptooey! Canada for the Canadians! [Via David Poland]

· Does anyone up there has a spare camera he or she can lend to Jeffrey Wells? "Three young apes" stole his — and his iPhone. And he missed The Wrestler. At least buy the guy a drink or something if you see him.

· Jesus — first The Wrestler, now Zack and Miri Make a Porno. Todd McCarthy is turning into Harry Knowles.

· Tasting a hint of assent from critics and the public alike, Guy Ritchie OD'd on confidence and announced an entire Rocknrolla franchise. Last we heard, Joel Silver was still shopping the first one.

*Americans, please unclick this post.

[via Adfreak]

• zackandmiri.com

Note: STF = Straight To Flopz, the fictitious Starz sister-channel specializing in turkey-only feature film programming.

• MPAA ratings: July 23, 2008 [THR via BusinessSheet.com]

While we are already rueing the inevitable day when Jennifer Love Hewitt debuts "I'm Fucking McLovin" on People.com, we have to admit that this video gave us a few chuckle worthy moments this morning. Be sure to stick around for the closing credits, in which the directorial mastery of this soon-to-be-viral vid is accredited to none other than spacey nut M. Night Shyamalan (which is funnier than anything we saw in the Ben Affleck dud). If only that were true, it may just have been his best work to date.

• QUICK STOP EXCLUSIVE: I'M F**KING SETH ROGEN [QuickStop]