Diem wrote:Autobot032 wrote:I seriously fail to see why Hasbro would come down on these guys.
Their version of Springer is just on the line, but doesn't cross it.
Unfortunately, that's Hasbro's decision to make, not yours.
I realize that it's their decision. I'm not stupid. I still fail to see why they'd go after FP as things currently are. I realize they can if they so choose, but it would be irrational, really.
It's not cutting into any of their profits. Nor is it modifying any of their currently available or past product.
Diem wrote:Autobot032 wrote:1.) Hasbro never made a show accurate figure, and FP's most certainly isn't.
But if HasTak do decide to make another Springer this could damage their sales.
"if" being the keyword here. *if* Hasbro were to make one. But to that I say Wish in one hand, crap in the other, see which one gets full first, and you pretty much have your answer as to whether or not we'll see a new G1 Springer toy from Hasbro. And this figure will have long been sold out by the time Hasbro churns one out. It wouldn't affect either company's sales.
Diem wrote:Autobot032 wrote:3.) It's not called Springer or an Autobot, and TF-Paralax means jack squat. They could argue that the TF isn't short for TransFormers, and it's just a code for their company's paperwork or whatever.
Are you implying that in the hypothetical event of FP being sued they should try and claim their figure has no connection to Transformers? Because that would be the most stupid and irresponsible thing they could do.
I wasn't talking about the figure itself. I said that part on the names used, alone. Springer is Hasbro's, FP isn't using the name. Autobot is Hasbro's, FP isn't using that name. TF-Paralax could mean a million different things (yes we know what it means, but it could be argued in court otherwise. We have heard of things this simple and small being the one thing that turned the tables.) FP could say it was just a codename for their product for their records. The judge has no way to prove that TF-Paralax means anything but a jibberish code name, and not some rip off of TransFormers. (and a level headed judge would admit to that.)
As for the figure itself, his design is very much on the line, but doesn't quite cross it. However, if the argument made is well thought out and happens to sway the court, then yes, they could take FP down for it. I'll admit it's close enough to look like infringement, but it still hasn't crossed the line yet.
Diem wrote:Autobot032 wrote:If somehow Hasbro can crack down on these guys, it's not only wrong, it should be a crime.
They didn't go after RS when they made A.R.C. (which was CLEARLY an infringement of Hasbro's property. Her name sounded out loud like Arcee, she looked exactly like the animation Model, and her head was the Daniel Headmaster.) so if they go after FP, it's an injustice.
"What I'm doing isn't wrong because someone else did it first and didn't get in trouble for it" stops working after you're 6 years old, I'm afraid.
I know it doesn't work like that. (and quite frankly, I don't care much for your tone here. I don't know what crawled up your rear and festered, but don't get condescending with me because something's crawling up your backside.)
And it would be an injustice. How can RS get away with making a perfect copy of the animation model (Daniel Headmaster and all!) and Hasbro was okay with it (RS has proof) but FP who's products don't modify or copy their current or past products or designs are more likely to be liable to incur Hasbro's wrath? Are you serious? Borrowing a few elements to give FP their original design is well within the law seeing as they're not copying every nook and cranny of the original piece. RS blatantly had the balls to call their item A.R.C. (Say it out loud folks, that's right, you heard ARCEE, a Hasbro name.) and copy her every detail.
If FP takes a hit because of their original work that is considered an accessory for a Hasbro item, but not an actual infringement...then yes, it's an injustice. No matter how you slice it, spin it, whatever. Wrong is wrong, and people like you who shrug it off allow potential cases like this to become a reality. And you'd shrug it off if Hasbro won and go back to your day to day grind without a second thought, apparently. (I mean, that *IS* the vibe you're giving off here.)
The rest of us would rage against the machine.
Diem wrote:Autobot032 wrote:Hasbro's pulled some boneheaded moves in recent history, but they're not evil, they're not villains. Let's not vilify them just yet.
I know it's very tempting to think of Hasbro as the bad guys in this, and FP as the good guys. Especially when Hasbro's been disappointing a lot of fans recently while FP's been exciting them. But to be honest, Hasbro's pretty good to both us fans and to independant TF accessory makers. Take, for example, SquareEnix, who instructed fans making a non-profit fan update of Chrono Trigger to stop, or FOX who leap like hungry cats onto any website that uploads Simpsons. I'm sure Hasbro are not unaware of the indy toy makers, but they seem to have been turning a blind eye.
Um. I actually said that Hasbro was cool for not coming down on them, in other words. I said they weren't the villain, nor should they be vilified for something they haven't even done yet. (and most likely won't.)
I wasn't putting Hasbro down outside of the recent Universe and Animated fiascoes, and it's plain as day what I did or didn't say.
Diem wrote:If, on the other hand, Hasbro was worried that their sales, trademarks or image were being affected, they'd be well within their rights to ask FP to stop production, at least, without being evil or villains. And just because you and other fans like FP's works, it doesn't mean they're not in a seriously grey legal area. I don't think Hasbro would sue over this, but it would be difficult to blame them if they did.
Absolutely, they've every right to ask them to stop. But if FP decided to continue on and it became a court case, I still don't see how they've any less chance of winning.
Yeah, it's a gray legal area, but it's not in the black or white, therefore it's not really causing a problem on either side apparently, or Hasbro would've come crashing down on these guys immediately. There was a store that was replicating G1 Tracks in black and giving it a new name, and selling it. Hasbro DID shut them down. FP, iGear, and the like are doing nothing even close to that sort of thing.
From the tone of your post, I get the feeling you're not a fan of what FP's doing. I don't know if it's coming from a moralistic point of view, a Hasbro fan point of view, or what, but if it is the case, then all of what I've said thus far is just falling on stone deaf ears.
And FYI, it would be extremely easy to blame Hasbro for going after FP. Especially after OKing RS to have their A.R.C. sales. And guess what? Because he took the design, Hasbro can't make a figure in that design now, he said so himself. That cut into potential profits for the future, but no legal action taken.
FP not only deserves the same right as RS, but more so for not RIPPING HASBRO OFF.
Rodentus Prime wrote:Diem wrote:Autobot032 wrote:I seriously fail to see why Hasbro would come down on these guys.
Their version of Springer is just on the line, but doesn't cross it.
Unfortunately, that's Hasbro's decision to make, not yours.
Diem wrote:Autobot032 wrote:1.) Hasbro never made a show accurate figure, and FP's most certainly isn't.
But if HasTak do decide to make another Springer this could damage their sales.
I think that the target market for Hasbro figures and FP figures are so different that Hasbro are unlikely to do anything about it - hopefully the only effect it will have will be to prod Hasbro into making their own versions of these characters in Universe.
Exactly. Thank you. If Hasbro would get off of their butts and make the figures folks have been clamoring for (and using the excuse that kids wouldn't be interested is bullcrap. Universe sold out to kids and adults alike.) then there wouldn't be a need for FP and their fellow competition.
"Necessity is the mother of invention" Hasbro learned from it, but apparently never took it to heart. This is why FP exists.
NOTE: Realize that I am not a perfect Christian, nor do I profess to be. I apologize if anyone's ever offended by me, I'm not perfect. Don't hold my posts and opinions against other Christians.