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 Post subject: GW court case in USA
PostPosted: Fri Jun 14, 2013 1:04 pm 
Ringwraith
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http://natfka.blogspot.co.uk/2013/06/tr ... gw-vs.html

GW are suing a company for IP copyright.

Interesting they turned over $54 million in the latest sales figures, half of that 40K the rest remaining ranges.

If they win they could bring another 200 cases!

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 Post subject: Re: GW court case in USA
PostPosted: Fri Jun 14, 2013 10:54 pm 
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Yeah, this has been going on for a while. Cases move glacially slowly through the courts here, we might not have a resolution for a year or more.

There are a couple of things chapterhouse studios is selling, there are add on kits (like new shoulder pads for space marines), and there are entire miniatures (like "Space Elves" who look suspiciously like Eldar). The impression I get is that one might be found to be legal while the other isn't.

GW has made some efforts to control the use of the term "Space Marine" (which is why CHS presented into evidence a game from the early 80's using that term). As far as I can tell anyone can make eagle miniatures on the theory that eagles are generic, but GW wants to take the position that only they can sell "Space Marines".

It will be interesting to see how it all falls out.
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 Post subject: Re: GW court case in USA
PostPosted: Fri Jun 14, 2013 11:25 pm 
Loremaster
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I have to say that personally I am appalled by Chapter Houses's flagrant ripping off of GW's ideas. Their products frankly extract the Michael. The sculptors clearly have talent if even if completely lacking in imagination, and it seems a pity that they can't produce their own miniatures.

I personally am not bothered or convinced on the viability of the "Space Marine" argument either way, but undoubtedly these guys are selling products that are completely based on someone else's ideas and designs. I wonder how this process compares to the manufacture of automotive pattern parts? Are their any U.S. or U.K. lawyers out there who could perhaps provide an opinion?


Last edited by Bilbo on Sat Jun 15, 2013 12:01 pm, edited 1 time in total.
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 Post subject: Re: GW court case in USA
PostPosted: Sat Jun 15, 2013 2:02 am 
Loremaster
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This one is a right corker.

Quote:
-Mr. Merrett described Games Day to the jury as a Games Workshop event that allowed customers to perform their "favorite hobby activity; buying things from Games Workshop".


"Buying things from Gamesworkshop" is our "favourite hobby activity". And here I was thinking it was painting and playing with miniatures. Silly me.

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 Post subject: Re: GW court case in USA
PostPosted: Sat Jun 15, 2013 7:37 am 
Loremaster
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King Ondoher wrote:
This one is a right corker.

Quote:
-Mr. Merrett described Games Day to the jury as a Games Workshop event that allowed customers to perform their "favorite hobby activity; buying things from Games Workshop".


"Buying things from Gamesworkshop" is our "favourite hobby activity". And here I was thinking it was painting and playing with miniatures. Silly me.

//sarcasm//
Ah! That's what I'm meant to be doing! I always thought this whole painting malarky wasn't very fun! Simply and only buying their models for my entertainment sounds much better!!!
//sarcasm//

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 Post subject: Re: GW court case in USA
PostPosted: Sat Jun 15, 2013 12:05 pm 
Loremaster
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Clearly GW is in the unfortunate position of believing their own hype...

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 Post subject: Re: GW court case in USA
PostPosted: Sat Jun 15, 2013 12:09 pm 
Loremaster
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The statement is clearly arrogant and patronising, however I do enjoy buying a fresh set of new miniatures, but I prefer painting and gaming. The statement is not accurate, and is designed to place the commercial situation which is key in this circumstance in the mind of the judge and I assume Jury. Its is easy to critisise some ones words under public legal scrutiny, even bearing in mind that he is a professional doing his job, but he may have issued them in under the stress of a courtroom. Bearing this in mind I can see that he had a core message to communicate, but I feel that it has come out un balanced which could have negatively effected anyone listening who had any relevant experience or common sense.
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 Post subject: Re: GW court case in USA
PostPosted: Sat Jun 15, 2013 6:24 pm 
Ringwraith
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All the more reason for other mini-manufacturers to have ranges and games that are markedly different to GW's stock-in-trade.
From GW's Investor section of their website:
Quote:
We are also clear that we will only make fantasy miniatures, not historical ones. Fantasy miniatures from our own Warhammer and Warhammer 40,000 worlds allow us unlimited scope for product innovation. In addition, we can, and do, defend our intellectual property rigorously against imitators, thus ensuring that our worlds are synonymous with quality.

GW has limited scope with Middle-earth as the IP rights belong to other people and GW are only one licensee among many, though I submit that they hope to have their profile raised by default through association with The Hobbit movies.
Look at the proliferation in games companies in the past 13 years. I see this as a very good thing. Most of them seem to appreciate that they cannot rest on past glories and expect people to throw cash at them.
Last word: regardless of how the complex judgements go in this and any other case, the only people making money out of the litigation are the lawyers.

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 Post subject: Re: GW court case in USA
PostPosted: Mon Jun 17, 2013 11:16 am 
Loremaster
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Dorthonion wrote:
Last word: regardless of how the complex judgements go in this and any other case, the only people making money out of the litigation are the lawyers.


You mean, Gamesworkshop's lawyers. Chapterhouse's lawyers are working Pro Bono (free) according to the links above.

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 Post subject: Re: GW court case in USA
PostPosted: Mon Jun 17, 2013 7:15 pm 
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Actually if they win, GW should be able to receive damages in the form of financial compensation for use of their IP, and damages. Its a major incentive for their legal action.
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