Games Workshop vs Chapterhouse Document Dump

[White Tiger88]

No. Getting past summary judgment on the main claims means they have a chance. How good a chance is up to the jury, and there's no real way to tell which way a jury will lean.

As much a litigators tend to distrust juries, this is exactly the sort of thing they're for. Will ordinary men and women look at CHS and GW products side by side and decide that they're so similar they must have been copied, or not? Can ordinary people tell that CHS is not affiliate with GW, or not? We'll find out next year.

That long for people to figure out its a blant rip off of GW stuff? I mean...hell they look the same!

[Wolfshade]

Brilliant summary Nabterayl and no hint of bias
Thanks

[Psychosplodge]

How cool is that?! I ask for a real lawyer's perspective and I receive a real lawyer's perspective! Everything is coming up Millhouse! Thanks for the breakdown, Nabterayl! You made my day! Cope

PS: The above illustrates of of the aspects of this hobby I like the most: I keep meeting great people (even virtually)!

Now can we have some scantily clad gothic cheerleaders?

[White Tiger88]

Now can we have some scantily clad gothic cheerleaders?

I second this No dudes please.

[RGilbert26]

Where's EldarGal?

[White Tiger88]

Where's EldarGal?

Behind you with a gun if your thinking what i think you are.

[Denzark]

I was interested to see that, in the tooing and froing, both sides have taken hits. However, on the GW side it seems to be on legal procedures - ie trying to withdraw various items from their claims list - the Judge rules they are too late and must stand by initial claim.

However, CHS seems to have lost a few legal arguments - I counted at least one over-ruled objection in there.

On balance it would seem to a layman that it is better to be weak in understanding the procedure, than it is to lose the actual argument. I think this will end up as a partial victory, but even the slightest in may allow GW the chance to make a kiling blow.

[Mr Mystery]

I guess it would depend on what they're trying to remove from the list.

If it's stuff the Judge feels they don't own, then all is hunky dorey, as they wouldn't be considered anyway I'd imagine.

But seems CH are looking a bit ropey in their argument. Judge has stated (and I assume the Jury would have to follow) that the stuff GW accuse CH of copying are in fact copyrightable, and that copyright (for the most part) is in fact owned by GW.

And as others have said, given the testimony of one of CH's own sculptors, that he was given the HH artbook and told 'make that jetbike' I just don't see CH winning this one....

[Denzark]

Thats it - I waded through some of the testimony. Because many nay sayers will come up again sure as flies to plop, I recount in paraphrase - a freelancer for CHS was told to make something (possibly said jetbike) like in the Collected Visions (HH) Book. CHS asked if he needed a copy mailed to him, he said no, he had a copy already. Yes thats right, for him to copy the idea out of.

And the Judge has ruled the vast majority as copyrightable.

Stand by, stand by.

[Herzlos]

By the way, as far as why GW didn't simply buy CHS, I think there were probably a lot of reasons, but I bet one was this: to establish a precedent as to whether or not bits were copyrightable at all. If they had bought CHS rather than suing, it would remain an unknown question whether copying pieces of GW models was even illegal. Now, GW's legal department has at least one court on record that even tiny pieces of GW models, such as the pauldrons of a space marine or the hatch of a Rhino, are copyrightable on their own.

I don't think they'd want a precedent set, as it may then rule out the possibility of them threatening other companies to cease trading. I suspect the reasons they didn't want to buy out Chapterhouse are two-fold: (1) They don't want to encourage/support 3rd party bits makers ("Hey, GW bought CH, maybe if I make GW bits they'll buy my company" and (2) the legal action would have been cheaper, assuming of course CH just folded like everyone else. They've probably spent more than a buy-out at this stage, but I doubt they ever expected it to get to this stage.