It mentions back and forth things that I haven't a hope of understanding, and Judgeypoos is yet to decide.
Remember, this is the legal club. And from what I can make out, the first rule of legal club is 'logical arguments are for girls'
It mentions back and forth things that I haven't a hope of understanding, and Judgeypoos is yet to decide.
Remember, this is the legal club. And from what I can make out, the first rule of legal club is 'logical arguments are for girls'
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I am merely commenting on the fact that Judges (as a rule) HATE the failure on the part of litigants to observe rules of discovery. Some are not logical at all and take it personal. It matters in the outcome. Judges do not like being made to look foolish (they are human after all) nor do they like the possibility of being overturned on appeal. I'm not claiming any great sage wisdom in the legal arena. I'm simply saying that their failure to release that SPECIFIC information which BEARS heavily on the case is going to haunt them. It was foolish for them to do so.
*I am not finding any Member with the name Chapterhouse on Warseer.
Last edited by Caitsidhe; 02-14-2013 at 03:15 PM.
You raise fair and valid points. But again from my own pig ignorant position, the fact (or at least report, there may be a difference twixt the two) is that it's not been as open and shut as CH's team might have hoped.
But hey, for all I know this is standard practice.
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Not sure GW will settle out of court.
If they can win this, it sends a clear message that they are serious about their C&D stuff (which CH are reported to have ignored) and have both the will and the muscle to back it up.
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The law for copyright is the same here in the US the moment a work is published (Ie show in public, web or whatever) it gains copyright. Trademark infringement is more to the point on this case.
HOLY MOLY!
Read this: Deposition of Bob Naismith, the sculptor of the original Space Marine miniature for GW.
Lots of origin and inspiration for the original Astartes design in there:
[url]http://ia700405.us.archive.org/18/items/gov.uscourts.ilnd.250791/gov.uscourts.ilnd.250791.301.9.pdf[/url]
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Very interesting read.
For the original design purposes, as well as the potential impact in the trial.
I've had a quick skim read.
The CHS lawyer trying to argue that "Marine models don't need helmets as theres nothing inside them to protect" i don't understand. Hes trying to prove that the components aren't neccesaary to the model for it to live therefore what?
As ever I'm worried the courts will give this to CHS. They are in the wrong and shouldn't win, but when has the law ever been about common sense?
Its interesting to read how the marines backpacks evolved tolook like they were carrying sleeping matts
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I'm kind of puzzled by that myself. The fact that model marine helmets don't actually protect a literal organism would seem to argue against them being functional objects, and one would think that CHS would want the helmet to be functional, since functional objects are not copyrightable.
Of course, come to think of it, I believe the helmet has already been ruled copyrightable ... so ... yeah, still puzzled. If I figure out anything brilliant I'll let you know :P
EDIT: Oh, I'm an idiot. The questioner in that transcript is probably Games Workshop's lawyer (the PDF is broken up, but that seems to be the case). So the point would be to reinforce the fact that the helmet is not a functional object, but a copyrightable piece of art.
Last edited by Nabterayl; 03-15-2013 at 10:32 AM.