Reply To: GW Takes Ghamak To Court!

[onlyonepinman 18111xp 0]

Ghamak’s videos are useful if for no reason other than as well as him (obviously) giving us his opinion, he does talk about exactly what it is that GW is alleging.  I don’t really want to get drawn into what does and does not constitute infringement of IP, especially when you consider how liberally GW have borrowed from other sources in the past (James Cameron and Ridly Scott, take note).  I can tell when a design closely matches that of something else, I think we can all do that, and I have to say – without prejudice as to who I think is in the right or the wrong, because I genuine don’t know – I think a lot of Ghamak’s designs are very, very similar to GW sculpts.  What I can’t do, however, is tell you how you would measure “difference” or “similarity” in quantifiable terms such that you could tell whether something was, or was not, a breech of IP because I have absolotely no idea at all.  Also, don’t get hung up on the words “Unfair Competition” – the reason GW are alleging that Ghamak is engaging in unfair competition is because in Italian Law there is a law called that and it provides businesses with a mechanism for challenging products that may be a copies of thier own.  The reason they are pursuing him in court is because they obviously feel they have a case that his designs are copies of theirs, but to do so they have to allege unfair competition simply because that is simply what the parent law is called.  Interestingly Ghamak does say that there are also separate copyright laws in Italy, so whether those laws don’t cover the design or products or whether GW simply feel that the burden of proof for Unfair Competition is easier, I don’t know.