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El Duque wrote:Bowspearer wrote:
Also licensed from Audi through the movie licensing deals (ROTF toys fall under the category of official movie merchandise and thus fall under the same licensing deal as that which allows it to appear on film). Your point is moot.
Absolutely incorrect. Why do think we aren't getting a toy version of DOTM Dino? I was told by the head of the Transformers Brand team at Toy Fair that he isn't getting a toy because they can't get a licence from Ferrari. I would be willing to bet a some point down the line we get a not-Ferrari version of Dino though.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
El Duque wrote:If they were okay with it then it would be called an Audi R8 on the package and not a "sports car".
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
MINDVVIPE wrote:Your not making any sense in regards to predatory pricing. The example was apple sueing some school for logo use. Nothing to do with competing products, just logos.
Hasbro could sue TFC, and that still wouldn't be predatory pricing... I have no idea what your on about.
MINDVVIPE wrote:I never said they were completely in the wrong, just that it was concievably IP theft. Theres worse things that could happen than IP theft in the business world.
MINDVVIPE wrote: Obviously Hasbro can push the fact that Hercules is a ripoff of Devastator, and they would be right.
megatronus wrote:Bowspearer wrote:Right now you're just clutching at straws and ignoring the evidence after you tried to compare apples with oranges and failed.
Dude, the only one clutching at straws is you. After 8 hours offline, I come back and see you are half of the new posts, making the same tired points or, after having been rebuffed, making new points that are only tangentially related and are often on another track entirely.
megatronus wrote:You know what, we get it. You think the 3rd party companies are immoral, unethical and flat out wrong.
megatronus wrote:But your insistence and perpetual posting doesn't make your argument right or better or mean that you have won whatever "cosmic battle" you think is happening here. All it means is that you've made the most posts.
megatronus wrote:No one is saying you can't have your opinion, but enough is enough. By strongly arguing against basically every poster here, you have solidified the opinions of said posters. The Skyfire vs. Valk example is apples and apples. The Lambo vs. Hercules example is apples and apples. Those are my opinions, and you aren't changing them.
megatronus wrote:I suggest you go to sleep.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
G1 Legacy wrote:Always continue to feed a know-it-all slack on his rope...because eventually he'll hang himself with it and do the work for ya.![]()
Enough said.
Bowspearer wrote:El Duque wrote:Bowspearer wrote:
Also licensed from Audi through the movie licensing deals (ROTF toys fall under the category of official movie merchandise and thus fall under the same licensing deal as that which allows it to appear on film). Your point is moot.
Absolutely incorrect. Why do think we aren't getting a toy version of DOTM Dino? I was told by the head of the Transformers Brand team at Toy Fair that he isn't getting a toy because they can't get a licence from Ferrari. I would be willing to bet a some point down the line we get a not-Ferrari version of Dino though.
Well then you just contradicted yourself. The fact that Audi's parent company is Volkswagen, just like with Ferrari, means that there's no way that Sideways would have been made into a toy if Audi hadn't been ok with it.
The situation with VW and Transformers for years is a testament to that.
Jeep! wrote:Why do I imagine Dead Metal sounding exactly like Arnie?
Intah-wib-buls?
Blurrz wrote:10/10
Leave it to Dead Metal to have the word 'Pronz' in his signature.
Bowspearer wrote:El Duque wrote:If they were okay with it then it would be called an Audi R8 on the package and not a "sports car".
If they weren't ok with it, then why weren't Hasbro sued for breach of contract (which would have set limits on just where the likeness of an Audi R8 would be allowed to be used)?
Rated X wrote:You had mentioned earlier what if someone broke into my house and stole my property on the basis that I said “no you can’t have it”. How would I feel ???
So let’s say I broke into your house:
If I took the huge pipe organs, obviously I would be a thief. (and a pretty good one at that) But we are not talking about tangible property here. We are talking about a very seldom heard of term called “intellectual property” that is loosely based on opinions. Weather it be Hasbro’s opinion or TFC’s opinion, it’s just an opinion. You cant sue someone over an opinion. And if you cant sue, then you shouldn’t ban either. That’s just trying to make a comeback after you lost. And Hasbro lost the battle a long time ago.
Rated X wrote:Next up we have the Audi argument. I do believe El Duque is right. We have seen Hasbro call vehicles by name on their packaging before. And then we have the “sports car”. Same thing for Dino. Ferrari basically told Hasbro to “suck it”. I suppose whatever relations Takara had with Lamborghini in the 80’s have soured, so the Sideswipe “Not Lambo” was born.
I commend Lamborghini for not acting like a little b**ch and suing Hasbro for stealing their intellectual property. Hasbro could take a lesson in class from the Italians. If they got a problem with you they come see you in person, not in court. Capish ?
Rated X wrote:
By this point I see you believe you are some kind of lone warrior acting on Hasbro’s behalf. You are going to slay the killer croc known as “Hercules” and restore order to the vast land of Hasbro.
Rated X wrote:Hasbro has done a great job programming you my friend. I don’t even think Matrix itself could reverse the effects of corporate brainwashing that has infested your body like a plague.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
MINDVVIPE wrote:@Bowspearer, the example of apple sueing over logos is a perfect example for my intention of proving that big companies with lots of money often go after tiny business that aren't threats. Hercules IS NOT a threat to Hasbros funds. That victorian school IS NOT a threat to Apple funds. That example was more than adequate as they could both argue an infringment on copyrighted IP, when both of them really stand to gain very little, except for the bad publicity and a few more dollars in their pockets.
As for Hercules, I give up on that arguement, because you are just seeing the fact that it is Devastator, and not the details of the figure being so different from anything Hasbro has made before. Dealing with IP theft, as Rated X said, is based on opinion in these cases. Maybe not for G1 knockoffs... but definitely in these cases.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
Dead Metal wrote:Ferrari is owned by Fiat, not Volkswagen.
Dead Metal wrote:All Audi wanted was their car to be put in a movie to advertise it a bit, no toy deal was done.
The Sideways toy does not turn into an Audi R8, it turns into an approximation of an R8, as in it kinda looks like one but has enough differences from one for Volkswaven not being able to sue.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
Bowspearer wrote:Dead Metal wrote:Ferrari is owned by Fiat, not Volkswagen.
Granted, but the point with VW and Audi still standsDead Metal wrote:All Audi wanted was their car to be put in a movie to advertise it a bit, no toy deal was done.
The Sideways toy does not turn into an Audi R8, it turns into an approximation of an R8, as in it kinda looks like one but has enough differences from one for Volkswaven not being able to sue.
Highly doubtful considering that as Hasbro was making the movie to sell toys; there would have been something about merchandising in the fine print in the contract for ROTF.
Jeep! wrote:Why do I imagine Dead Metal sounding exactly like Arnie?
Intah-wib-buls?
Blurrz wrote:10/10
Leave it to Dead Metal to have the word 'Pronz' in his signature.
CommanderHazar wrote:Bowspearer wrote:El Duque wrote:If they were okay with it then it would be called an Audi R8 on the package and not a "sports car".
If they weren't ok with it, then why weren't Hasbro sued for breach of contract (which would have set limits on just where the likeness of an Audi R8 would be allowed to be used)?
Probably because Hasbro made enough changes to the vehicle mode to be able to legally defend a claim that the toy wasn't an Audi R8, regardless of the fact that the character in the movie may have been an Audi R8. They got as close as they legally could when making the toy, while still not being an Audi R8.
CommanderHazar wrote:Exactly the same as what was done with Hercules, as I see it. If the third party makers are wrong for doing it, then Hasbro would be just as wrong here, wouldn't they? They both went just as far as they had to in order to make their toys without setting themselves up for a lawsuit.
Audi probably hasn't sued because Hasbro did to them what TFC toys did to Hasbro. As I've said before, it would probably be a lose-lose for Hasbro to pursue TFC in court over this. If they lose, they either make or confirm precedent that allows TFC and other companies to continue going the way they have been. If they win in court, they set the precedent that would open them up to lawsuits from companies like Audi.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
Dead Metal wrote:No, Audi wanted the R8 to be featured in a movie and paid Paramount money to put it in. The contract was between Audi and Paramount, it was product placement paid for by Audi. It's the same like Having a Burger King appear in the movie.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
Bowspearer wrote:Dead Metal wrote:No, Audi wanted the R8 to be featured in a movie and paid Paramount money to put it in. The contract was between Audi and Paramount, it was product placement paid for by Audi. It's the same like Having a Burger King appear in the movie.
But then that ignores the contractual obligations which were in place between Paramount and Hasbro which then become a factor in said contract between Audi and Paramount. If Hasbro has in their contradct that anything showing up on screen can be made into a toy and then Audi pays Paramount to put the R8 on screen, then Hasbro are completely entitled due to their contract to make a likeness of the R8 as a toy of Sideways with complete impunity.
Jeep! wrote:Why do I imagine Dead Metal sounding exactly like Arnie?
Intah-wib-buls?
Blurrz wrote:10/10
Leave it to Dead Metal to have the word 'Pronz' in his signature.
Dead Metal wrote:Bowspearer wrote:Dead Metal wrote:No, Audi wanted the R8 to be featured in a movie and paid Paramount money to put it in. The contract was between Audi and Paramount, it was product placement paid for by Audi. It's the same like Having a Burger King appear in the movie.
But then that ignores the contractual obligations which were in place between Paramount and Hasbro which then become a factor in said contract between Audi and Paramount. If Hasbro has in their contradct that anything showing up on screen can be made into a toy and then Audi pays Paramount to put the R8 on screen, then Hasbro are completely entitled due to their contract to make a likeness of the R8 as a toy of Sideways with complete impunity.
No they do not, the Audi R8 is protected by copyright and trademarks, for which one has to buy the licences before using it.
Hasbro has the right to use the character and his design, but no the right for his alt-mode, those rights are handled separately.
If Hasbro had the toy rights to the Audi R8 design, then why does the toy not feature the Audi rings, or indeed all the little details? Why is it just an approximation and why is there no mention of the R8, Audi or Volkswagen on the packaging?
Simple, they don#t have the rights to either.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
5150 Cruiser wrote:But it really isn't. It always starts small... And then it grows and grows... Then others catch on and do the same thing. Next thing you know you have dozens of compaines gaining off you IP.
As i said before, i give the 3rd party compaines props for seeing a market and catering to it. But for those that are basing there designs on Hasbro IP, they have a case. (if they chose to persue it). Profit margin has nothing to do with it and just because you don't currently offer the product that is being produced, doesn't give someone else the legal right to use it.
(again, i'm saying this if Hasbro/Tak ever decides to take legal action. At this time i understand all thats actually happening is 3rd parties are being banned at there own event; which I feel they are completely justified in doing.)
Vicalliose wrote:But throwing the word "theft" around as so many do? Yeah whatever.
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
Vicalliose wrote:This really isn't worth arguing over anymore. But honestly I just feel like being a jerk right now so I'm posting anyway. It'll die down eventually, just needs to drop from the front page and people will forget about it.
Dorkimus wrote:It is funny how this all works in miniature figure business. Example; Dwarf slayer warriors by Games Workshop
Fanboy wrote:You need to see the figure, feel the figure , lick the figure , be the figure,
And only then can you love mp 01 the way I have.
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