Copying GW.... Will they sue? A friendly discussion
- Thread starter SaxonAngel
- Start date
SaxonAngel
nada
Make your own Orc!
Nope!
One Lego (same scale as Megabloks) dude amidst the evidence. The orcs here are for scale and to show the three heads on the Megabloks box. Apologies for the army-standard orcs and the choppa that was taken off a conversion, I didn\'t have a complete sprue to compare.
I am dutifully ashamed..:~(
However I hold this equal to the cultural atrocities committed by Robert Goulet, Shania Twain and Anne Murray.lol
Nope!
One Lego (same scale as Megabloks) dude amidst the evidence. The orcs here are for scale and to show the three heads on the Megabloks box. Apologies for the army-standard orcs and the choppa that was taken off a conversion, I didn\'t have a complete sprue to compare.
I am dutifully ashamed..:~(
However I hold this equal to the cultural atrocities committed by Robert Goulet, Shania Twain and Anne Murray.
lol
ipaintminis
Active member
Originally posted by SaxonAngel
Apologies for the army-standard orcs and the choppa that was taken off a conversion, I didn\'t have a complete sprue to compare.
i hope you realize that your army standard is better than i can paint....
no apology needed :flip:
Braveheart712
New member
I did not see the evidence of exact or nearly exact recasting before my earlier post, however with the evidence brought to mind, I still have the same opinion. MegaBlocks are cool and great for kids. It does seem quite obvious too that GW and MB have struck some sort of deal since the Vorgon army of MegaBlocks have been around over a year now and the suits at GW would have sued long ago had there not been an agreement. Still, I don\'t see the big deal, isn\'t imitation the ultimate form of flattery? Both GW and MB orcs are cool, enough said!
hummm Never eard of megablock before, then again it\'s been a long time since I whent out to buy litlle guyus to play with......heuuuuu, yeah well apart from all my minis
And I\'d be more inclined toward the GW-megablock alliance to brainwash kids. Well I think that would be a good strategie for GW anyways.
And I\'d be more inclined toward the GW-megablock alliance to brainwash kids. Well I think that would be a good strategie for GW anyways.
vincegamer
Active member
Heroquest was by Milton Bradley. Different MB.
minimart
New member
Each countries GW head office has some degree of autonomy. It is possible for GW Canada to deal with a Canadian Liscence for their IP ( this liscence part is speculation on my part ) Remembering that GW follows a policy of total global domination they will do what is required to generate sustainable growth and profit ( the goal of most businesses I hope ) If this includes appearance branding of children at an early age I believe they would do it. What is not to like from their point of view. Here we are as \"adults\" enjoying a more \"grown up\" version of this vision.
Have they not pushed the envelope in regards to miniatures? We may noy like all that they do, but when have artists and businessmen agreed on everything?
Have they not pushed the envelope in regards to miniatures? We may noy like all that they do, but when have artists and businessmen agreed on everything?
vincegamer
Active member
I suppose you\'d also have to look at the UK/Canada treaties on copyright law. It\'s possible that it would be an infringement if done in UK, but since it\'s overseas there\'s no way GW could enforce its rights. Unlikely, but possible.
I don\'t know Canadian Law
I don\'t know much US law for that matter. But I doubt that Canadian copy right law is so slack as to allow a company to cast and sell some other company\'s property.
Personally I think it is more plausible that GW has sanctioned this copying, than the notion Mega Blocks has copied without rights. But if GW hasn\'t then my opinion is GW should be allowed to sue and take every last dime Mega Blocks makes off of this particular package.
Imitation is the sincerest form of flattery, true, but copying is not imitation. It\'s copying. Take my 4 year old... when she throws on my wife\'s purse, high heals and some jewelry, and says, \"Come on kids, we\'re going to McDonalds,\" I could burst with laughter and joy. When she copies every damn word I say I want to throw her off a cliff.
barkel
I don\'t know much US law for that matter. But I doubt that Canadian copy right law is so slack as to allow a company to cast and sell some other company\'s property.
Personally I think it is more plausible that GW has sanctioned this copying, than the notion Mega Blocks has copied without rights. But if GW hasn\'t then my opinion is GW should be allowed to sue and take every last dime Mega Blocks makes off of this particular package.
Imitation is the sincerest form of flattery, true, but copying is not imitation. It\'s copying. Take my 4 year old... when she throws on my wife\'s purse, high heals and some jewelry, and says, \"Come on kids, we\'re going to McDonalds,\" I could burst with laughter and joy. When she copies every damn word I say I want to throw her off a cliff.
barkel
S
Sturmhalo
Guest
There are quite strong similiarities here and there I guess, but I doubt GW would really give two shits to be honest. They can\'t even be arsed to shut down proper re-casters, nevermind this bunch! If every company that made orcs caught the attention of GW\'s legal team, GW would be very busy taking action against everyone! Orcs are orcs. Who cares?
E
E-Arkham
Guest
I don\'t believe that \"green orcs with protruding jaws and horny helms\" are exactly a protectable intellectual property. \"Bad Moon Orks\" and \"Cult of Speed Orks\" would be a different story.
If the parts matched exactly -- in the sense that they were in fact recasts -- that would be blantant and obviously something Games Workshop could stop. However, GW doesn\'t own the rights to orcs or swords in general; that motif has been around quite a while and in myriad ways.
The shield, however, is still suspect IMO. That looks very much like the \"Waagh\" symbol, which I\'m betting GW does have as intellectual property. It clearly doesn\'t have the same dimensions as the one in the Lego/Ork comparison photo (one shield is more oval, one more round), so it\'s not a recast or direct reproduction, but it is quite clearly inspired by the same source.
Of course, lawyers have successfully argued hazier things, so who knows how far it could go?
Honestly, I\'d point this product out to Games Workshop and ask them straight away, \"Hey, is this a problem?\" I\'d be very curious to see what they say.
Kep
If the parts matched exactly -- in the sense that they were in fact recasts -- that would be blantant and obviously something Games Workshop could stop. However, GW doesn\'t own the rights to orcs or swords in general; that motif has been around quite a while and in myriad ways.
The shield, however, is still suspect IMO. That looks very much like the \"Waagh\" symbol, which I\'m betting GW does have as intellectual property. It clearly doesn\'t have the same dimensions as the one in the Lego/Ork comparison photo (one shield is more oval, one more round), so it\'s not a recast or direct reproduction, but it is quite clearly inspired by the same source.
Of course, lawyers have successfully argued hazier things, so who knows how far it could go?
Honestly, I\'d point this product out to Games Workshop and ask them straight away, \"Hey, is this a problem?\" I\'d be very curious to see what they say.
Kep
tidoco2222
Active member
Copying?
While it is obvious that Mega Blocks have copied directly or indirectly as the case may be fom GW,GW are not themselves immune from a bit of poetic liscense.
I agree with some earlier comments that GW may be in collusion with Mega Blocks grooming younger people into the hobby lets not forget the collaborration between MB games and GW in the late eighties early nineties with Heroquest/Space Crusade and Battlemasters these were clearly aimed at the younger market.
As to my point check out Forgeworlds Eldar vampire hunter and tell me is that not a Klingon Bird of Prey in disguise?
If it is then isn\'t that just a bit of copying of Paramount pictures liscense.
lol
While it is obvious that Mega Blocks have copied directly or indirectly as the case may be fom GW,GW are not themselves immune from a bit of poetic liscense.
I agree with some earlier comments that GW may be in collusion with Mega Blocks grooming younger people into the hobby lets not forget the collaborration between MB games and GW in the late eighties early nineties with Heroquest/Space Crusade and Battlemasters these were clearly aimed at the younger market.
As to my point check out Forgeworlds Eldar vampire hunter and tell me is that not a Klingon Bird of Prey in disguise?
If it is then isn\'t that just a bit of copying of Paramount pictures liscense.
lol
vincegamer
Active member
I think the craft is sufficiently different from a bird of prey and sufficiently similar to other Eldar craft not to be a copy.
As to ork design, what connection have GW and the makers of Warcraft? They are strikingly similar orks yet nothing like the orks of Tolkein, the orks of D&D, the orks of Runequest etc.
It is quite possible that the idea of orks as being green, with long arms and huge protruding lower jaws is an idea in the public domaine or even a standard stereotype, thus the general form would not be protectable. Though the hats are strikingly similar, just putting it in a common form of medieval hat would not be an infringement any more than putting it in a top hat would infringe Monopoly\'s trademark of Uncle Moneybanks.
In other words, both heads, while extremely similar, may be copies of something publically accessable and not protected. There is a US law suit where Ty sued a maker of a plush, bean-filled pig doll. The court ruled that the knock-off beanie babie was actually a copy of a pig and not a copy of Ty\'s plush, bean-filled pig doll.
Since orks aren\'t real, I guess we\'d have to know more about the origin of THIS particular design of an ork.
As to ork design, what connection have GW and the makers of Warcraft? They are strikingly similar orks yet nothing like the orks of Tolkein, the orks of D&D, the orks of Runequest etc.
It is quite possible that the idea of orks as being green, with long arms and huge protruding lower jaws is an idea in the public domaine or even a standard stereotype, thus the general form would not be protectable. Though the hats are strikingly similar, just putting it in a common form of medieval hat would not be an infringement any more than putting it in a top hat would infringe Monopoly\'s trademark of Uncle Moneybanks.
In other words, both heads, while extremely similar, may be copies of something publically accessable and not protected. There is a US law suit where Ty sued a maker of a plush, bean-filled pig doll. The court ruled that the knock-off beanie babie was actually a copy of a pig and not a copy of Ty\'s plush, bean-filled pig doll.
Since orks aren\'t real, I guess we\'d have to know more about the origin of THIS particular design of an ork.
Godlikebuthumble
New member
A bird of prey it is...
Wouldn\'t have thought of this if you hadn\'t pointed it out... (im not really into star trek...).
Well, the MegaBloks may be a minor issue, though GW might be said to have a history of lawsuits in minor matters...
A friend of mine used to \"publish\" a non-profit, free monthly... well, \"flyer\" is the appropriate term, for a local BloodBowl league (actually just a bunch of local BB players) a couple of years ago... problem was, he was using some pics... then GW threatened a lawsuit for \"violating their intellectual property\" or whatever... end of the mag - and the league, btw. Nice fan-support...:duh:
Hmm... the MB orcs are quite... blocky... chunky... primitive... might find good use as Ork scenery... effigies or totems, maybe?
Wouldn\'t have thought of this if you hadn\'t pointed it out... (im not really into star trek...).
Well, the MegaBloks may be a minor issue, though GW might be said to have a history of lawsuits in minor matters...
A friend of mine used to \"publish\" a non-profit, free monthly... well, \"flyer\" is the appropriate term, for a local BloodBowl league (actually just a bunch of local BB players) a couple of years ago... problem was, he was using some pics... then GW threatened a lawsuit for \"violating their intellectual property\" or whatever... end of the mag - and the league, btw. Nice fan-support...:duh:
Hmm... the MB orcs are quite... blocky... chunky... primitive... might find good use as Ork scenery... effigies or totems, maybe?
darthfoley
Active member
Yeah, see, this is what I was trying to say. I just didn\'t do it this well.
