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| GW Space Marines IP bullying http://www.tacticalwargames.net/taccmd/viewtopic.php?f=43&t=24655 |
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| Author: | GlynG [ Mon Feb 11, 2013 4:54 am ] |
| Post subject: | GW Space Marines IP bullying |
Has anyone else read about this online? GW legal got a small time sci-fi author's ebook called 'Spots the Space Marine' pulled from Amazon with a DCMA take-down request for trademark infringement. Apparently they lacked legal grounds to do so but correctly figured she wouldn't be able to fight it legally and Amazon referred her back to GW to sort it out with them. After two months of negotiating with GW and pointing out they were wrong, but failing to get anywhere, the author went public about it online. There's since developed quite a lot of bad press about it, with various blogs and sites posting about it, plus mainstream news sources including the The Guardian and the BBC as well as many well known sci-fi authors speaking out in her defence. Amazon have now re-instated the book, after the EFF had words with them. In response GW have put up a post on their facebook page generally waffling about protecting trademarks but not mentioning the case or offering any hint of an apology. The 850+ mostly negative comments to it suggest this isn't going down well... |
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| Author: | CaptainSenioris [ Mon Feb 11, 2013 8:49 am ] |
| Post subject: | Re: GW Space Marines IP bullying |
Heh maybe someone at GW will actually care enough to reign in their lawyers. Probably not though as if they lose control of their IP the shareholders won't be happy. |
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| Author: | fredmans [ Mon Feb 11, 2013 9:46 am ] |
| Post subject: | Re: GW Space Marines IP bullying |
I do not wish to generally look down on lawyers, I know quite a few that are good people and use their legal skills in beneficial ways, but copyright and IP cases are not one of them (think of Samsung vs Apple). Glad that literature seems to hold sway (still), makes it even more important in the area of free speech than it already was. I just wish I wanted to read the book as well, but, alas... /Fredmans |
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| Author: | Legion 4 [ Mon Feb 11, 2013 4:09 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
... no surprise really ... |
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| Author: | MrGonzo [ Mon Feb 11, 2013 4:25 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
elsmore wrote: The best thing that can happen is for GW to get cut down to a much smaller size so they can no longer throw their weight around. And loose their ability to produce industry leading plastic kits and employ a whole bunch of creatives who love what they are doing? The management is the rotten apple here, not the 'company' per se. |
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| Author: | Nitpick [ Mon Feb 11, 2013 4:28 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
 The surprise lies not in their acting, as mentioned, but in their inability to stop acting as a choke on creativity before it is too late. This is like watching a fatal car crash in slow motion and we are half way to impact. While I do not denounce the practice of law in general, the big business copyright people are spreading bad germs akin to a business creativity plague of our age. There is so much that they could have done pro actively instead.
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| Author: | carlisimo109 [ Mon Feb 11, 2013 7:25 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
GW has backed off: http://www.bbc.co.uk/news/technology-21409490 |
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| Author: | Nitpick [ Mon Feb 11, 2013 10:14 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
Eh, no? Where did it say that? The book is in the store again, yes. But GW is not "backing down". Or have I misread the whole piece entirely? |
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| Author: | GlynG [ Mon Feb 11, 2013 11:46 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
It's more that Amazon reassessed and realized GW didn't have grounds to remove it and so reinstated if. GW then publicly stated the waffle about them having to defend their trademarks with no suggestion of wrong doing. It will be interesting to see if GW do actually take her to court over it now or just leave it go. From what I've read their Spare Marines trademark only applies to books in the Uk and Europe (and many people suggest this could be challenged as being a generic term in existing use), not the US and it's a legal grey area, but they'd very likely lose and would also risk losing their trademark as a result. |
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| Author: | carlisimo109 [ Tue Feb 12, 2013 2:08 am ] |
| Post subject: | Re: GW Space Marines IP bullying |
You're right, "backed off" was an overstatement. Here's the statement that, as far as I can tell, GW has only posted to their Facebook site. Quote: Games Workshop owns and protects many valuable trademarks in a number of territories and classes across the world. For example, 'Warhammer' and 'Space Marine' are registered trademarks in a number of classes and territories. In some other territories and classes they are unregistered trademarks protected by commercial use. Whenever we are informed of, or otherwise discover, a commercially available product whose title is or uses a Games Workshop trademark without our consent, we have no choice but to take reasonable action. We would be failing in our duty to our shareholders if we did not protect our property.
To be clear, Games Workshop has never claimed to own words or phrases such as 'warhammer' or 'space marine' as regards their general use in everyday life, for example within a body of prose. By illustration, although Games Workshop clearly owns many registered trademarks for the Warhammer brand, we do not claim to own the word 'warhammer' in common use as a hand weapon. Trademarks as opposed to use of a word in prose or everyday language are two very different things. Games Workshop is always vigilant in protecting the former, but never makes any claim to owning the latter. |
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| Author: | GlynG [ Tue Feb 12, 2013 2:46 am ] |
| Post subject: | Re: GW Space Marines IP bullying |
That's misleading though. They say "Games Workshop has never claimed to own words or phrases such as 'warhammer' or 'space marine' as regards their general use in everyday life, for example within a body of prose." Yet they got the ebook taken down for it having the words Space Marines in the title. Someone mentioned GW stock dropped 4% since the negative publicity in the press which may or may nor be a coincidence. I hope they restrain their lawyers a little more in future, but I don't have much faith in them these days. |
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| Author: | kyussinchains [ Tue Feb 12, 2013 9:35 am ] |
| Post subject: | Re: GW Space Marines IP bullying |
MrGonzo wrote: elsmore wrote: The best thing that can happen is for GW to get cut down to a much smaller size so they can no longer throw their weight around. And loose their ability to produce industry leading plastic kits and employ a whole bunch of creatives who love what they are doing? The management is the rotten apple here, not the 'company' per se. the management IS the company here, GW has been actively attempting to monopolise the "wargaming" market for donkeys years, back in the early 90's when I was a teenager you could get booted out of the store on games night for mentioning competing products, like magic: the gathering..... I was kicked once for having a magic deck in my bag and replying 'yes' when asked if I had my cards with me.... I'd also argue your first point too, sure their kits are nice, but they're just not THAT nice..... I've been a GW customer for years and years and never even considered any competitor, I loved the models and the background, recently I took a cursory look at privateer press models for warmahordes and couldn't believe the quality, the sculpts are every bit as good, and in most cases better, than GW models.... And creatives? there aren't many people getting to exercise their creativity at the moment, 90% of the sculpting and design work appears to be reworking old models with 'MOAR SKULLS AND MUSCLES!!' and even more stupidly cartoonish details, and the rest is slavisly copying models from the new line LOTR/Hobbit movies... the only people being genuinely creative are the BL authors and those guys are mostly freelancers..... the only thing I buy from GW regularly are the paints and having discovered P3 recently, I can see little reason to continue buying GW paints when there are alternatives which are just as good out there.... |
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| Author: | MrGonzo [ Tue Feb 12, 2013 11:22 pm ] |
| Post subject: | Re: GW Space Marines IP bullying |
Hard to argue about their 'in-store policy', had my fair share of WTF?! moments as well  Not sure about 'protecting' the management, saying they are just doing their job or that the management 'is' the company. Even with the infamous shareholders screaming for money, it's still the managements decision how to pursue it. Also not saying 'moar grim dark' is very high-up on my wish list, but their multi-part plastic kits are more or less still unmet by others. *Disclaimer: Totally personal opinion* ^_^ |
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