GW v Chapterhouse Lawsuit Update

[jorz192]

Thank you for saying "With all due respect" before telling me to shut-up. I wasn't going to comment in the thread until I read rude the comment about Ms. Jennifer Golinveaux.

Lawyers and Attorneys are not the only careers that require knowledge about copyrights. I did make a gross overstatement about the case being "toast" and I will admit that. But as an artist I am familiar with some copyright laws regarding a image created by an individual. The only example of a case that I am familiar with that could predict a outcome for Chapter House Studios is Shepard Fairey vs. The Associated Press.

That ruling was decided in favor of Shepard Fairey regarding his popular image of Barrack Obama. What caused the judge to rule the initial case in his favor was partially that the intent of the image he created from the photograph was different from the original press photograph.

I am not an expert on legal matters, you are correct about that, but the sculptures made by Chapter House Studios had the same basic contents as the images created by Games-Workshop. They also used names coined by
Games-Workshop to describe their products. The image of a Space Marine and their heraldry is iconic within the Warhammer fan community, but not so common that it could be interchanged freely with images of any other futuristic soldier or alien.

[Sister Rosette Soulknyt]

Firstly, i wasn't that rude to tell you to shut up, reading my post as you did you would see that i just mentioned that we don't know all the facts, and that only legal experts, owners of CHS and GW legal team truelly know what is happening in this particular case. We shouldn't judge until we all know the facts.

If others are out of line for any remarks to the woman defence team, well that something i don't agree with either. it was out of line.
Whatever the outcome i hope CHS can continue to make such items as they are great, i personnally love the Rhino and Landraider Dragon armour, it looks fantastic an i was very happy with them. Not to mention shoulder pads, a Dragon Chaplain/Captian he is the centrepiece of my army.

I would love to see other makers of compatible parts more, and as long as CHS stays open for business in the far future i will be a happy customer and support them.

[jorz192]

I don't think there is anyone who would like to see a small business shut down at a time like this.

No matter what the result is of the case Chapter House Studios can continue to make miniatures.
Games-workshop can't stop them from making 28mm miniatures that are compatible with Warhammer.
They can only have an effect on their marketing techniques.

Chapter House Studios closing would piss me off, I would like to see them do something similar to
cough* science-fiction soldiers wearing trench coats, WWII-esque helmets, and gas masks.

[Denzark]

I don't think there is anyone who would like to see a small business shut down at a time like this.

No matter what the result is of the case Chapter House Studios can continue to make miniatures.
Games-workshop can't stop them from making 28mm miniatures that are compatible with Warhammer.
They can only have an effect on their marketing techniques.

Chapter House Studios closing would piss me off, I would like to see them do something similar to
cough* science-fiction soldiers wearing trench coats, WWII-esque helmets, and gas masks.

Oh right, you want them to rip off Imperial Trenchers from Warzone/Mutant Chronicles next?

[Renegade]

If GW were 100% sure of this, they could have stopped CHS trading those disputed items while the case continued, particualy in the UK and in the EU.

Either way, I am not sure that CHS has a chance, as even if a US court find in favour, GW may take it to the UK or EU courts to challenge any unfavourable out come.

Moral of the story is "Don't rip off other folks work".

[Sister Rosette Soulknyt]

Oh right, thats ok, then again on another thread we talk about Instant Mold, and everyone is forgetting that and copying GW products..wait isn't that ripping off GW too?

[harrybuttwhisker]

My initial instinct is this could be a split decision. From what's been posted in several places and having knowledge of the chapter house range I can see certain areas being ok'ed and others falling foul of IP. I also feel GW might have asked for too much punitive remission and have employed too much of a scatter gun approach, even naming uninvolved parties ( source:resin addict forum). What I hope will come from this case will be a more comprehensive ruling on what is acceptable as aftermarket third party add on's in the wargaming hobby giving everyone clearer guidelines for the future. I would hate to see a pure corporate steamroller decision. I'm very pleased that chapter house has retained good council as I feel this case needs to be heard on merit and not on wallet.

[DrLove42]

Oh right, thats ok, then again on another thread we talk about Instant Mold, and everyone is forgetting that and copying GW products..wait isn't that ripping off GW too?

Difference is instant mould isn't copying things for profit. You might be screwing GW over, by not buying more bits, but you ain't earning money when you do it...

Not that i'm saying CHS is doing that!

Copyright law is a murky horrible place and i'm keeping my highly educated but law inept nose out of this

[Defenestratus]

Oh right, thats ok, then again on another thread we talk about Instant Mold, and everyone is forgetting that and copying GW products..wait isn't that ripping off GW too?

Legal == Making a backup copy of a CD you just bought and putting it in your collection.
Criminal == Making a back copy of a CD to sell copies to your friends.

Legal == Making a copy of a bit for your personal collection
Criminal == Making a copy of a bit to sell to your friend.

The act of copying isn't in itself illegal - its the unlicensed transfer of intellectual property via monetary transaction thats the key.

[harrybuttwhisker]

except for the current argument between layers regarding the legality of copying CDs for personal use, there is a case being proposed that copying a CD so you have one in your house and one in your car for example would be unfair use. Crazy I know but them lawyers love an argument, were this found to be the case GS casting etc would be out the window.

Of course setting legal precedent and enforcement are two different things. Hence the old adage, don't stick your head above the parapet lest it be shot off.

chapter house weren't very good at ducking.