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Reply To: GW Takes Ghamak To Court!

Home Forums News, Rumours & General Discussion GW Takes Ghamak To Court! Reply To: GW Takes Ghamak To Court!

#1946746
onlyonepinman
18109xp
Cult of Games Member

@franklee Is he being sued in Italy or in the UK? Technically he is selling in the UK as he is selling via MyMiniFactory, which I believe is a UK based website.

I am not a copyright lawyer so I am not going to make definitive statements about what constitutes copyright infringement/IP theft and what doesn’t.  I will simply reiterate what I already said.  His designs sail very close to the wind and I certainly wouldn’t want to have to fight the case in court if my livelihood (and that of several other people) depended on it.  I think GW often gamble on that – the threat of legal action, no matter how unjustified, is usually enough to make people back down.  For anyone who remembers Chapter House, he only won that case on paper.  In reality it bankrupted the business and in the end, GW got the outcome they wanted.

If it is true, however,  that he is being sued for Unfair Competition, then that is a major problem.  Any ruling that favours GW in their claim that anyone making miniatures that COULD be used in warhammer 40k, sets a very damaging precedent. Such a ruling would mean anyone who make 28mm-32mm scale miniatures, regardless of genre, regardless of whether they have their own game and regardless of how original their designs are, would be classed as unfair competition simply because those models could be used in 40k.  Infinity, Warpath, Wild West Exodus, Star Wars Legion, Bolt Action/Konflict 47 and many other games all provide miniatures that could be used in 40k and thus could be deemed as unfair competition.  And with legal precedent on their side, they could pursue any of their competition.  However I also believe that the UK courts understand this, I believe that GW know that the courts understand this and as such I find it rehard to believe that it is true.  That, or there is a lot more going on than we are being told.

That said,  on the chance that it IS true, then I hope he nails GW in court and drags their name through the mud.  A public humbling might do them some good.  I doubt it,  and if not then I can console myself by pointing and laughing at the silly corporate giant.

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