Spikey Bits: GW lawsuit

[Warden]

Just a video I came across from Spikey Bits's youtube channel. He has lots of videos mostly concerning the WH40K universe, painting advice, unboxings, and other hobby stuff.

Long story short, GW is being sued (since last May) for 60+ million dollars by a guy in Florida, USA.

I found his complaints and legal arguments very interesting, very similar to discussions that have floated across the internet for some time now. This was the most interesting piece of text I found (summarized; he has full links in the video's description):

Complaint #32) "...Defendant GW has resolutely devolved from an enthusiastic Game Company - to a ruthless racketeer engaged in a host of related crimes against their contracted Store's and Public in general."


Lots of other complaints too, some are very well researched. The guy went as far back to cite GW's copyright attempts to steal IP from Battletech, and even the term "space marines" from Robert Heinlen's books.

Interesting stuff. Considering the complaint was filed a few months ago, I am curious to see if anything happens.

 

[pendrake]

Another link about the story:

http://mobile.pcauthority.com.au/Ne...op-sued-by-store-owner-for-us625-million.aspx

 

[Crowsfoot]

Hmmm says GW stole ideas from Tolkien about locations etc, Tolkien got alot of his ideas while he was at Stoneyhurst college, can't see them trying to sue Tolkien for "stealing" their locations.

I know GW has been a bully but this will come to nothing.

 

[NIGHTBRINGER]

I know GW has been a bully but this will come to nothing.

I fully agree. This is typical USA "sue culture". Not sure how the store owner feels justified to sue for 62.5 million dollars.

Now if GW did in fact steal from Tolkien (which did likely did)... then shouldn't it be the Tolkien estate that sues? In my opinion the store owner should only be allowed to sue for things that directly effected him/her as a result of GW's actions/inactions. Even that is standing on pretty thin ice. I hate GW, but if you don't want to do business with them... then don't. Seems pretty simple.

 

[pendrake]

I don't think the suit is about IP stealing directly. I think the mention of IP shenanigans/bullying is an attempt to establish a pattern of behavior.

I think the suit might be more about restrictive trade practices? ...also, price fixing...anti-competitive practices...

 

[Warden]

I think the suit might be more about restrictive trade practices? ...also, price fixing...anti-competitive practices...

This is the biggest thing I noticed running through the court complaints. Lots of stuff about monopoly/trust business practices, price fixing, stuff like that.

I know GW has been a bully but this will come to nothing.

In the end, this is probably true.

 

[The Red Devil]

I know GW has been a bully but this will come to nothing.

Most probably nothing will happen, or they will settle outside court, which seems to be quite common in US in cases similar to this.

Now if GW did in fact steal from Tolkien (which did likely did)... then shouldn't it be the Tolkien estate that sues?

If you read Norse lore (the details, just not the common parts), you will see where Tolkien found a lot of what his books are based on.
This, based on being able to prove someone copied/stole something from said book makes it very difficult to proceed to court, since after all it could become a very costly case, not to mention I am not too sure any other than US court's would take it.

 

[pendrake]

Now if GW did in fact steal from Tolkien (which did likely did)... then shouldn't it be the Tolkien estate that sues?

If you read Norse lore (the details, just not the common parts), you will see where Tolkien found a lot of what his books are based on.

Whatever ahh... 'differences of opinion' ...that the Tolkien Estate and Games Workshop might have had were firmly settled when GW got the licensing agreement to produce the whole Lord of the Rings figures line.

Did it ever occur to anyone that the whole —End Times, 8th edition must die, Warhammer World snuffed out forever— might have been negotiated as part of the same Licensing Agreement that let Games Workshop do the LotR figures line? Maybe there was a clause in there that said Warhammer Fantasy could carry on only for a limited time? and then it had to either cease altogether or be rebooted/rebranded as something distinct from anything at all Tolkien-like??

No Lizardmen in Tolkien...so we lived.

 

[Warden]

Did it ever occur to anyone that the whole —End Times, 8th edition must die, Warhammer World snuffed out forever— might have been negotiated as part of the same Licensing Agreement that let Games Workshop do the LotR figures line? Maybe there was a clause in there that said Warhammer Fantasy could carry on only for a limited time? and then it had to either cease altogether or be rebooted/rebranded as something distinct from anything at all Tolkien-like??

That is a fantastic conspiracy theory!

 

[n810]

Well the whole thing did reek of a lawsuit...
since they changed the names off all of their products.

 

[pendrake]

That is a fantastic conspiracy theory!

There was much contemplation involved...

Well the whole thing did reek of a lawsuit...since they changed the names of all of their products.

Not a lawsuit per se...just a form of planned obsolescence. With the Tolkien Estate ultimately winning or at least prevailing out of court.

Too bad, so sad: for anyone that liked the generic, sometimes silly, over-the-top-with-skulls, knockoff version of a world of elves, dwarfs, and men better than the original.

 

[Crowsfoot]

Whatever ahh... 'differences of opinion' ...that the Tolkien Estate and Games Workshop might have had were firmly settled when GW got the licensing agreement to produce the whole Lord of the Rings figures line.

Did it ever occur to anyone that the whole —End Times, 8th edition must die, Warhammer World snuffed out forever— might have been negotiated as part of the same Licensing Agreement that let Games Workshop do the LotR figures line? Maybe there was a clause in there that said Warhammer Fantasy could carry on only for a limited time? and then it had to either cease altogether or be rebooted/rebranded as something distinct from anything at all Tolkien-like??

No Lizardmen in Tolkien...so we lived.

I thought GW was licensed through New line cinemas to produce LOTR stuff but it all amounts to the same I suppose.

 

[pendrake]

I thought GW was licensed through New line cinemas to produce LOTR stuff but it all amounts to the same I suppose.

I thought NLC was in there somewhere as well. My wild speculations aside, it is no doubt a very complicated set of licensing arrangements.

 

[Aginor]

That lawsuit is a joke and I am ~98% sure it will achieve nothing.
Interesting thing about it though: that guy, as crazy as he might be (look at his website and his other lawsuits), is actually right about some stuff. It is just buried among the ridiculous amount of B.S. there is in his paper.

 

[NIGHTBRINGER]

That lawsuit is a joke and I am ~98% sure it will achieve nothing.

I'm like 99.9999% sure. What a waste of time.