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GW being sued in the states for $62.5 million (88 posts)

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  • Avatar Image torros3954p said 5 months, 1 week ago:

    @redben Maybe you know more about this?

    Here is a video from spikey bits about it

  • Avatar Image fishman1506p said 5 months, 1 week ago:

    so, not just me…

  • Avatar Image redben7961p said 5 months, 1 week ago:

    I got partway through their article on it and stopped reading at this part -

    “GW sells 1-inch-models like the ‘Imperial Space Marine’ for $30.00 retail online, requiring a ‘minimum’ of $10 Shipping. Stores contacted the V.P. of ‘Double-Grand’ (associate of GW’s Asian suppliers) and received a Confirmed quote of “3-cents-per-figure” for said 1-inch injection molded plastic figures. GW sells mass-produced plastic at 50,000-percent-mark-up! Its not a 100% markup for 6-cents, not a 1,000% for 60-cents – but 50,000% at $30.00!?”

    The 3c is the material cost of the plastic and takes no account of concepting, sculpting, tooling, packaging, distributing, etc.. Either Spiky Bits don’t know this or don’t care because it makes for a better story. Whichever it is, I’m going to wait for either someone with knowledge of US law or a reliable journalistic outlet.

  • Avatar Image warzan10023p said 5 months, 1 week ago:

    Spiky Bits? – ahh him again…

    Yeah in the ‘land of the free’, you don’t get sued for making good profit from raw materials… ask any perfume supplier, inkjet company, oil company, power utility, paint manufacturer, book publisher – ohh heck – ask anyone who puts a lot of design technology and raw materials together into a product.

    They may well be getting sued, but it will not be for that – and if it is, it ain’t going anywhere.

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  • Avatar Image warzan10023p said 5 months, 1 week ago:

    OK the video is about Antitrust – that’s a different thing and has little to do with the setting of the price, but rather the fixing of the price.

  • Avatar Image redben7961p said 5 months, 1 week ago:

    There’s more to the complaint than that. It mentions amongst other things setting prices, limiting online sales, and that they copied the 40K IP from FASA and Heinlen.

  • Avatar Image redben7961p said 5 months, 1 week ago:

    My gut feeling on this is that the plaintiff is chucking so much stuff in that he hopes GW will find it more worthwhile to settle than to fight each point in court. Though I’ll reiterate, I am not a lawyer and don’t really know what I’m talking about when it comes to litigating lol

  • Avatar Image frankelee106p said 5 months, 1 week ago:

    Probably not a lawsuit that will go anywhere, but I am interested in the idea that GW’s litigiousness around the IP has had a cooling effect in the market of tabletop games, and then followed up those efforts to reduce competition with price fixing their own products by tightly controlling what is and isn’t allowed by merchants.

  • Avatar Image warzan10023p said 5 months, 1 week ago:

    @redben said:
    My gut feeling on this is that the plaintiff is chucking so much stuff in that he hopes GW will find it more worthwhile to settle than to fight each point in court. Though I’ll reiterate, I am not a lawyer and don’t really know what I’m talking about when it comes to litigating lol

    ^This

    I think this is exactly whats going on. Having watched the vid, the kitchen sink is in there, and he may be counting on them not having the stomach to fight all of that in the open.

  • Avatar Image vetruviangeek1402p said 5 months, 1 week ago:

    @redben said:
    There’s more to the complaint than that. It mentions amongst other things setting prices, limiting online sales, and that they copied the 40K IP from FASA and Heinlen.

    Ah, this old chestnut again. I imagine that, like me, redben and everyone else here keeps hearing variations on that theme, and they always strike me as hilariously reductive – 40K draws influences from countless sources, trying to pin the entire IP down to Heinlein and FASA is the definition of a quixotic legal pursuit, since one could just as easily point to influences from Alien, Lovecraft, Tolkien, Dune, history (most obviously medieval history, and of course anything dealing with the Catholic Inquistion), Gothic (and, in the case of the Blood Angels, Renaissance) art and architecture, and mythology (especially European mythology) to name a very incomplete list. By definition, a genre pastiche (especially one that draws influences from multiple genres) cannot be classed as an IP violation, or there could never be such a thing a as genre in the first place.

    I see no realistic prospect of trying to claim copyright infringement on the part of the whole 40K IP given how obviously diverse its influences are, doubly so since it has been around for so long already and has changed and evolved considerably over that time. Such a claim would be laughed out of any court worth its salt, and yet this wouldn’t be the first time people have tried their arm.

    As for the possibility of some kind of antitrust and improper business practice suit, that is a different issue. I am not privy to GW’s US business model or practices, so I can’t speak to what they may have gotten up to.

    VitruvianGeek
  • Avatar Image stvitusdancern738p said 5 months, 1 week ago:

    Swiss cheese anyone? There are so many holes in this . When I get home from work I will read through the entire filing.

    BoW Gianna spreading gaming love one continent at a time.
  • Avatar Image onlyonepinman5325p said 5 months, 1 week ago:

    @stvitusdancern said:
    Swiss cheese anyone? There are so many holes in this . When I get home from work I will read through the entire filing.

    I was thinking the same thing. Utter nonsense.

  • Avatar Image erion205p said 5 months, 1 week ago:

    This is going to get tossed out of court here in the USA so quickly it’s almost funny. I especially enjoyed the comparison to the EpiPen case, because plastic toy soldiers and lifesaving drugs are definitely directly comparable products.

  • Avatar Image onlyonepinman5325p said 5 months, 1 week ago:

    It makes me wonder what the motive behind this is because it doesn’t seem like a very strong case and I honestly can’t believe that the plaintiff doesn’t know that.

    The plaintiff also sounds like a bit of a bleeding heart and his case seems to be trying to write a sob story about him (he’s a disabled, retired veteran who does loads of charity work – seriously, cry me a river)

  • Avatar Image phaidknott149p said 5 months, 1 week ago:

    Well Space Marines are hardly one of life’s essentials (like energy, water etc), so I doubt a luxury item could be sued on mark up grounds.

    I know this may come as a blow to wargamers, but until they elect wargamers as judges and to the upper echelons of power…we ain’t going to win at that point (as we all KNOW they are essentials) :D

    But the IP issues have been raised before (BTW Bryan Ansell’s Lazerburn rules were released in 1980 with TTG (still got my copy) and feature many of the elements (Space Marines, Jetbikes, Dreadnaughts) used in 40K (so should Mr Ansell sue FASA :D ).

    …..AND we know most of them came from Judge Dredd and 2000AD, Starlord, Star Wars, Biggles (if you want to look at 40K Orc Pilots). So you may as well attempt to sue the world for IP infringement if you just throw out the dates as the plaintiff has :)

    …but then I’m no lawyer