|
Remmon posted:Of course in most of them, costs are significantly lower and when you win (usually quickly) the troll has to pay your lawyer's fees as well as the court fees, which means if you have the ability to see it through to the end and expect to win, you stand absolutely nothing to gain by settling out early. Withdrawing the complaint 9 times out of 10 gets the same result for the defendant, so if you're going to patent or copyright troll outside the US, you're going to be pretty certain of your case or your target's inability to defend before you start. On this exact note, look up what happened to the Dallas Buyers Club when they tried to go on fishing expeditions in Australia. I'll save you the trouble: Judge declared they could only sue people for the cost of a DVD even if they proved identity because the price of a DVD was all the pirate cost them, DBC complained they couldn't make profit that way and their predatory business model wouldn't be viable. The judge told them "welcome to Australia fuckos".
|
#
?
Jul 26, 2017 13:41
|
|
|
|
| # ? May 15, 2024 08:46 |
|
|
Skoll posted:That's why I just flat out ignore Viva. :jjerkbag lol if you don't have viva on ignore already.
|
|
#
?
Jul 26, 2017 15:46
|
|
|
I finally sat down and read through the primary docket item and um. It kind of looks like a clear case of copy-write infringement. Harmony Gold attest that PGI never sought nor gained permission to use the reseen designs. And then HBS have licensed those designs from PGI. Russ has already admitted to record that they didn't have permission. So... this is kind of a Transverse 2.0 situation. Edit: If you post about this on the official forum your post will be deleted. So I guess don't do it. Edit: removed pcitures The only good news is PGI are hosed. Phrosphor fucked around with this message at 00:03 on Mar 6, 2018 |
|
#
?
Jul 28, 2017 07:11
|
|
|
|
|
#
?
Jul 28, 2017 08:07
|
|
|
Phrosphor posted:I finally sat down and read through the primary docket item and um. It kind of looks like a clear case of copy-write infringement. Harmony Gold attest that PGI never sought nor gained permission to use the reseen designs. And then HBS have licensed those designs from PGI. Yeah, I thought this was kind of clear but everyone is worried how much poo poo HBS can take over it. Obviously since none of us are copyright lawyers, all we can do is (probably wrongly) speculate, unless someone wants to ask about it in the lawyer megathread in BFC.
|
|
#
?
Jul 28, 2017 08:46
|
|
|
Well, I guess the best we can do in this situation is hope that a) it doesn't affect the game too much and/or b) this pisses off Microsoft enough to take the license away from PGI and give it to a non-lovely company.
|
|
#
?
Jul 28, 2017 08:50
|
|
|
I had thought they were different enough to not be infringing, but I don't know where the line is for that. Against my better judgement I am going to root for PGI in this, they're at least making something obstensibly enjoyable.
|
|
#
?
Jul 28, 2017 09:33
|
|
|
vorebane posted:I had thought they were different enough to not be infringing, but I don't know where the line is for that. Against my better judgement I am going to root for PGI in this, they're at least making something obstensibly enjoyable. Same, patent trolls can eat a dick. If you're not going to use the ip then go gently caress yourself.
|
|
#
?
Jul 28, 2017 11:53
|
|
|
veedubfreak posted:Same, patent trolls can eat a dick. If you're not going to use the ip then go gently caress yourself. To which they literally CANNOT update the IP since they only have legal distro of the original macross/robotech content and nothing newer. They own the 80's but nothing after that. Which means that unless they do what disney does and put out anniversary release after anniversary (with actual changes like remastering), they should technically lose out due to it being nearly 3 decades old.
|
|
#
?
Jul 28, 2017 12:22
|
|
|
Major Spag posted:To which they literally CANNOT update the IP since they only have legal distro of the original macross/robotech content and nothing newer. They own the 80's but nothing after that. Which means that unless they do what disney does and put out anniversary release after anniversary (with actual changes like remastering), they should technically lose out due to it being nearly 3 decades old. Sounds like they need to go out of business to me. e: I have no horse in this race. is poo poo, but patent trolls are worse than lovely developers.
|
|
#
?
Jul 28, 2017 12:35
|
|
|
Phrosphor posted:I finally sat down and read through the primary docket item and um. It kind of looks like a clear case of copy-write infringement. Harmony Gold attest that PGI never sought nor gained permission to use the reseen designs. And then HBS have licensed those designs from PGI. Like I said in the discord, FASA/BT should have just ditched the dumb anime mechs early on.
|
|
#
?
Jul 28, 2017 12:37
|
|
|
Major Spag posted:To which they literally CANNOT update the IP since they only have legal distro of the original macross/robotech content and nothing newer. They own the 80's but nothing after that. Which means that unless they do what disney does and put out anniversary release after anniversary (with actual changes like remastering), they should technically lose out due to it being nearly 3 decades old. Thanks to Disney, copyright in the US lasts for the life of the creator plus 70 years, 95 years since creation if made by a contracted artist, or possibly 120 years in some circumstances.
|
|
#
?
Jul 28, 2017 13:16
|
|
|
Colonial Air Force posted:Thanks to Disney, copyright in the US lasts for the life of the creator plus 70 years, 95 years since creation if made by a contracted artist, or possibly 120 years in some circumstances. Almost all of modern copyright law exists and/or revolves around Disney's ability to keep Mickey Mouse.
|
|
#
?
Jul 28, 2017 14:04
|
|
|
Didn't PGI claim they had gotten their new designs approved? Jackasses. Oh well, technically HBS hasn't produced anything with Reseen in it yet, so its not like HG has literally anything as proof except for names of mechs on a list, which don't infringe. I guess they make a few thousand dollars more off their old Macross licensing to keep them stocked in whatever dog food they eat to survive for another year.
|
|
#
?
Jul 28, 2017 14:33
|
|
|
veedubfreak posted:Sounds like they need to go out of business to me. To be clear, this is copyright trolls, not patent trolls. And LOL at PGI having no idea that Harmony Gold is incredibly litigious and not being 100% certain about using those reseen designs. Idiots.
|
|
#
?
Jul 28, 2017 14:46
|
|
|
Harmony Gold's only still running because their founder was too old to go to jail in Italy for being involved with Berlusconi's money laundering, so I imagine a big part of this is trying to recoup their legal costs there.
|
|
#
?
Jul 28, 2017 15:38
|
|
|
|
|
#
?
Jul 28, 2017 23:55
|
|
|
|
|
#
?
Jul 29, 2017 09:33
|
|
|
Isn't the crux of this that HG doesn't actually hold the rights in the first place?
|
|
#
?
Jul 29, 2017 19:21
|
|
|
Oscar Wilde Bunch posted:Isn't the crux of this that HG doesn't actually hold the rights in the first place? Only the creation rights to the 80s robotech stuff and only in the US.
|
|
#
?
Jul 29, 2017 19:52
|
|
|
New Thread Title:quote:Piranha admits that certain allegations in the Complaint involve animated giant warrior Ok going into a bit more detail a few things have happened in the last week. 1: Harmony Gold have amended their lawsuit and are now also suing Catalyst Game Labs for infringing their copy write on their recent publications. 2: Harmony Gold are currently trying to turbofuck CGL because they haven't responded: quote:ORDER signed by Clerk William M. McCool granting 39 Motion for Default by Harmony Gold U.S.A., Inc. Default entered against InMediaRes Productions, LLC. (KD) (Entered: 06/28/2017) 3: Both HBS and PGI have responded. They have refuted everything and are claiming that HG doesn't have authority to press this claim, in addition to citing things like fair use and 1st Amendment. 4: PGI have demanded a trial by jury (HBS have not, which is interesting). A date has been set: quote:MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Thomas S. Zilly; Length of Trial: *5 days*. Jury Trial is set for 9/24/2018 at 9:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. HBS's response: https://www.unitedstatescourts.org/federal/wawd/242820/38-0.html PGI's response: https://www.unitedstatescourts.org/federal/wawd/242820/25-0.html 
Phrosphor fucked around with this message at 03:19 on Jul 31, 2017 |
|
#
?
Jul 31, 2017 01:36
|
|
|
It would be hilarious to be on that jury.
|
|
#
?
Jul 31, 2017 03:14
|
|
|
Oh and the judge in this case was born in 1935 and appointed by Reagan, just in case we needed yet another wildcard in this.
|
|
#
?
Jul 31, 2017 03:18
|
|
|
An unfortunate thing for this game is I'm afraid HG might try to say "we're contesting this product, it cannot be released until the lawsuit is resolved" and the game will be delayed until the lawsuit is resolved, and then the possibility of the appeals process taking a while. Though I imagine HBS could take out the 'Mechs that are under protest.
|
|
#
?
Jul 31, 2017 03:29
|
|
|
https://www.unitedstatescourts.org/federal/wawd/242820/32-0.html PGI and HBS released a joint statement to the court. It's a good read. Start on Page 2 at the Statement of the Defence.
|
|
#
?
Jul 31, 2017 03:36
|
|
|
Sky Shadowing posted:An unfortunate thing for this game is I'm afraid HG might try to say "we're contesting this product, it cannot be released until the lawsuit is resolved" and the game will be delayed until the lawsuit is resolved, and then the possibility of the appeals process taking a while. Release a Battletech Game without the Atlas. Skoll posted:Someone bought a Pacer sub and posted this on discord : I'm sure that will work out.
|
|
#
?
Jul 31, 2017 03:38
|
|
|
Sky Shadowing posted:An unfortunate thing for this game is I'm afraid HG might try to say "we're contesting this product, it cannot be released until the lawsuit is resolved" and the game will be delayed until the lawsuit is resolved, and then the possibility of the appeals process taking a while. HG's protest is such that basically any game that contained giant bipedal robots infringes on their IP.
|
|
#
?
Jul 31, 2017 03:42
|
|
|
A.o.D. posted:HG's protest is such that basically any game that contained giant bipedal robots infringes on their IP. Any IMAGE depicting a 'animated warrior robot'
|
|
#
?
Jul 31, 2017 03:47
|
|
|
That statement of defense amounts to "We tried to work with them, they tried to gently caress us, we told them to poo poo in their hat. It's not our fault their hat is now full of poo poo."
|
|
#
?
Jul 31, 2017 04:30
|
|
|
Zaodai posted:That statement of defense amounts to "We tried to work with them, they tried to gently caress us, we told them to poo poo in their hat. It's not our fault their hat is now full of poo poo." It is surprisingly well worded, after reading it I am of the opinion that they have been expecting this and have been preparing in the background.
|
|
#
?
Jul 31, 2017 04:49
|
|
|
Phrosphor posted:It is surprisingly well worded, after reading it I am of the opinion that they have been expecting this and have been preparing in the background. Trap sprung?
|
|
#
?
Jul 31, 2017 04:58
|
|
|
Worst case, MWO is hosed but Battletech is released with an Urbanmech placeholder model for all the mechs?
|
|
#
?
Jul 31, 2017 06:12
|
|
|
Bubbacub posted:Worst case, MWO is hosed but Battletech is released with an Urbanmech placeholder model for all the mechs? 
|
|
#
?
Jul 31, 2017 06:24
|
|
|
I'd like to be there for opening statements the day of the trial, just to see if both lawyers can keep a straight face as they say 'animated giant robot warrior' over and over again.
|
|
#
?
Jul 31, 2017 06:42
|
|
|
Oscar Wilde Bunch posted:I'd like to be there for opening statements the day of the trial, just to see if both lawyers can keep a straight face as they say 'animated giant robot warrior' over and over again. Sadly they seem to have agreed that 'robot warrior' suffices in the documentation 
|
|
#
?
Jul 31, 2017 06:45
|
|
|
Oscar Wilde Bunch posted:I'd like to be there for opening statements the day of the trial, just to see if both lawyers can keep a straight face as they say 'animated giant robot warrior' over and over again. Counsel for HG is probably stone faced because he's been doing this a while. "Your honor, in exhibit B of robot warrior... I DON'T KNOW WHY YOU GUYS KEEP SNICKERING BEHIND MY BACK"
|
|
#
?
Jul 31, 2017 06:52
|
|
|
Ice Fist posted:Counsel for HG is probably stone faced because he's been doing this a while. 'Your honor, my client would like to put forward that DESTROID MUDERMAN 4000, exhibit 7-C, is not visually distinct from the KAI ALLARD LAIO's personally modified CENTURION-A YEN LO WANG, exhibit 9-D'
|
|
#
?
Jul 31, 2017 06:53
|
|
|
Phrosphor posted:'Your honor, my client would like to put forward that DESTROID MUDERMAN 4000, exhibit 7-C, is not visually distinct from the KAI ALLARD LAIO's personally modified CENTURION-A YEN LO WANG, exhibit 9-D'  Exhibit 9-D is clearly one and the same as the Warhammer 9-D. It isn't visually similar to exhibit 9-D but we own everything about the concept of robot warriors. In addition the 9-D is clearly derivative to the original WHM-6R of 2515, but adds updated internals and most importantly a Targeting Computer. If anything this model is MORE ACCURATE than the original artwork, thus more infringing to the source material we validly, allegedly own. I rest my case, do not refuse my batchall. 
|
|
#
?
Jul 31, 2017 07:30
|
|
|
God it really is a trial of possession.
|
|
#
?
Jul 31, 2017 07:54
|
|
|
|
| # ? May 15, 2024 08:46 |
|
|
hooman posted:God it really is a trial of possession. But fought with talky free-birth scum instead of noble clan warriors.
|
|
#
?
Jul 31, 2017 10:25
|
|
