Convotron wrote:In any other case, I'd be more balanced in my view since I can see validity in the Jetfire/Valkyrie issue but as others have already said, Harmony Gold is known for their squatting of the Robotech property and using it to make money via lawsuits. They're basically trying to get money out of Hasbro.
helli0n wrote:Correct me if I am wrong, but my understanding of copyright law in regards to infringement there has to be a clear and intentionally attempt at violating copyright for it to be an actual infringement.
Metrosuplex wrote:
If I design my own jet with boosters, and it "sort of looks like" Robotech, am I in violation, too?
Midnight_Fox wrote:helli0n wrote:Correct me if I am wrong, but my understanding of copyright law in regards to infringement there has to be a clear and intentionally attempt at violating copyright for it to be an actual infringement.
Copyright infringement does not require intent. It's possible to violate Copyright by doing something you assume is allowed by Fair Use with no intent to infringe or through independent development whilst trying to create a similar or compatible product. You can even use these things as "positive defense" in the case of a suit.
Bumblevivisector wrote:Oh, and everyone else? Do please buy that the official release of that Shadow Chronicles/Love-Live-Alive DVD they released last week. Harmony Gold does need all the help they can get.
GuyIncognito wrote:Bumblevivisector wrote:Oh, and everyone else? Do please buy that the official release of that Shadow Chronicles/Love-Live-Alive DVD they released last week. Harmony Gold does need all the help they can get.
LOL, I don't buy things to support the company selling them. It's not a charity. If you have trouble paying your bills, are they going to help you?
Che wrote:Interesting:
"Harmony Gold’s license for Macross came from Tatsunoko Production, but Japanese courts ruled that it was Studio Nue (creators of the series) that controls the Macross intellectual property. The license Tatsunoko was given was for international distribution outside Japan only, and does not allow them to control the intellectual property."
Source: http://en.wikipedia.org/wiki/Harmony_Gold_USA
If that can be confirmed as true... I want my MP Jetfire
Oh, that was just my version of a "support the official release too" disclaimer, which I thought was polite to do after my usual bit about how knock-off companies should be allowed to go hog-wild with toy molds that IP holders can't or won't do anything with, for the sake of preservation and the fans.GuyIncognito wrote:Bumblevivisector wrote:Oh, and everyone else? Do please buy that the official release of that Shadow Chronicles/Love-Live-Alive DVD they released last week. Harmony Gold does need all the help they can get.
LOL, I don't buy things to support the company selling them. It's not a charity. If you have trouble paying your bills, are they going to help you?
JelZe GoldRabbit wrote:Che wrote:Interesting:
"Harmony Gold’s license for Macross came from Tatsunoko Production, but Japanese courts ruled that it was Studio Nue (creators of the series) that controls the Macross intellectual property. The license Tatsunoko was given was for international distribution outside Japan only, and does not allow them to control the intellectual property."
Source: http://en.wikipedia.org/wiki/Harmony_Gold_USA
If that can be confirmed as true... I want my MP Jetfire
So just for the series, but not any of the designs, including the toys? Unlike back in the 80's, Bandai actually has a presence in the US, and thus does not need a representative in the shape of the main licensee. In short, it should be Bandai suing, not Harmony Gold.
datguy86 wrote:Here's a Kotaku article on the whole mess. No mention of the Cali judge who backed HG on their right to assert Macross licensing dominance, so color me wrong on that front unless I can prove otherwise. Apologies if someone posted this already.
http://kotaku.com/5990702/why-you-havent-seen-any-new-macross-in-the-west-for-nearly-15-years
Midnight_Fox wrote:Metrosuplex, it's not bullying because that's how you determine if something is infringing or not, through court(to determine who actually owns the copyright, whether it is truly protectable, et al). Bullying in a legal sense would be something such as a company like Harmony Gold going after a company that doesn't have the funds to defend itself in court and thus MUST relent because they can't stand up to the monetary force being thrown at them. In this case, however, Hasbro is VERY capable of putting up a defense if they feel they are not in the wrong. As a metaphor, since we like the school yard imagery in this thread: This is like two jocks going at each other over a girl.
Most of these cases actually don't go to court because companies DON'T want to test the strength of their Copyrights and neither side wishes to take the time and funds to argue over legal points for several years just to sit in court for 2-4 weeks at some point 3 years in the future to hear a verdict, not because they don't have merit. In fact, most judges push for the settling because it's a waste of their time and tax payer money to do something the companies tend to do themselves on a daily basis. It mostly when neither side can agree on a mutual outcome that it goes to court.
GuyIncognito wrote:Metrosuplex wrote:
If I design my own jet with boosters, and it "sort of looks like" Robotech, am I in violation, too?
No, but if you clearly design it intentionally to resemble a Robotech design, and you try to sell it commercially, you will probably get sued.
They're not suing because Hasbro made a jet with boosters; they're suing because Hasbro made a toy specifically designed to resemble one of their designs, without their permission.
How are you STILL not getting it?
Delicon wrote:I'd be shocked if this lawsuit carries any weight, but we'll see.
Metrosuplex wrote: But I guess your point is that these things go to court when both parties are so volatile as to be unable to sit through arbitration of any kind.
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