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Harmony Gold V. Weisman & Pgi



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#21 Scout Derek

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Posted 23 July 2017 - 01:03 PM

View PostBud Crue, on 23 July 2017 - 01:00 PM, said:


That right there looks like a clerk or Jr. attorney tasked with drafting the complaint screwed up the images in question. If that isn't a screw up, then at least that part of the complaint regarding those "infringing images" is gonna get tossed, unless the judge lets them amend the complaint again.


This isn't a mistake. This is actually them trying to claim copyright over the said images. The case was filed over 4 months ago, so this is most likely their finally product in trying to press the case.

So yes, most likely tossed, but discussion in other places around here, outreach, and discord have led me and others to believe they're going for generic features to copyright over.... *facepalm*

Edited by Scout Derek, 23 July 2017 - 01:04 PM.


#22 davoodoo

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Posted 23 July 2017 - 01:03 PM

View PostYeonne Greene, on 23 July 2017 - 12:59 PM, said:


TIL, a Locust looks like a Glaug Battle Pod.

Looks like they are trying to pull an Apple...

Thats locust?? ****, they are digging deep.

#23 Bud Crue

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Posted 23 July 2017 - 01:07 PM

View PostKhobai, on 23 July 2017 - 01:02 PM, said:


maybe but in the screwed up american legal system theres no penalty for frivolously suing and losing.

in other countries if you lose a lawsuit you have to pay the legal costs of the person who won the lawsuit

that prevents frivolous lawsuits


Sure there is. Rule 11, for starters; but other sanctions are available for truly "frivolous" law suits. The question of course is this "frivolous". The part with those images above sure looks like it, but I have no idea what else is in there.

View PostScout Derek, on 23 July 2017 - 01:03 PM, said:


This isn't a mistake. This is actually them trying to claim copyright over the said images. The case was filed over 4 months ago, so this is most likely their finally product in trying to press the case.

So yes, most likely tossed, but discussion in other places around here, outreach, and discord have led me and others to believe they're going for generic features to copyright over.... *facepalm*


May as well go after the producers of Robocop...ED-209 looks more like that "officer pod" than the Locust does.

#24 Valdarion Silarius

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Posted 23 July 2017 - 01:09 PM

View PostBud Crue, on 23 July 2017 - 01:04 PM, said:


Sure there is. Rule 11, for starters; but other sanctions are available for truly "frivolous" law suits. The question of course is this "frivolous". The part with those images above sure looks like it, but I have no idea what else is in there.


It sure would sound frivolous to any honest judge that had to deal with a case like this. Suing over "mech artwork" that doesn't originally belong to HG, that they copyrighted and stole from Japanese artists from overseas sure sounds like a waste of time for more serious cases in the court room.

#25 naterist

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Posted 23 July 2017 - 01:13 PM

https://www.unitedst...242820/1-0.html

that link has more info in it i think. that opr i failed to read the first link completely.

#26 Jay Leon Hart

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Posted 23 July 2017 - 01:21 PM

View Postnaterist, on 23 July 2017 - 01:13 PM, said:


Well, that was an entertaining read.

I can't wait to read more of this unfolding drama.

#27 Bud Crue

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Posted 23 July 2017 - 01:22 PM

View Postnaterist, on 23 July 2017 - 01:13 PM, said:

https://www.unitedst...242820/1-0.html

that link has more info in it i think. that opr i failed to read the first link completely.


With the more complete document to review I still think Para. 27 is stupid and will be tossed, but Para. 22 (at least) is something where I think reasonable people may differ as to the images being confusingly similar, derivative or "they look sorta the same to me" (gotta love juries). Anyway it doesn't seem as crazy in the fuller context.

This could be bad.

#28 invernomuto

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Posted 23 July 2017 - 01:25 PM

According to the linked documents, the position of PGI seems pretty bad from a legal point of view...

Edited by invernomuto, 23 July 2017 - 01:26 PM.


#29 naterist

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Posted 23 July 2017 - 01:26 PM

so their based in hollywood, and i live 15 minutes from hollywood. i think im gonna use the next month or so to egg/graffitti all over their headquarters. i got a month off and idgaf if i get a ticket.

i dont even like pirahna, but theyre ****** with hairbrained schemes rn, so imma go **** **** up. anyone else in socal down?

#30 Valdarion Silarius

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Posted 23 July 2017 - 01:27 PM

View Postnaterist, on 23 July 2017 - 01:13 PM, said:

https://www.unitedst...242820/1-0.html

that link has more info in it i think. that opr i failed to read the first link completely.


Thanks. That made my blood boil with anger. I think PGI and HBS need to counter sue these sh*theads for false claims.

#31 Bud Crue

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Posted 23 July 2017 - 01:30 PM

View PostArnold The Governator, on 23 July 2017 - 01:27 PM, said:


Thanks. That made my blood boil with anger. I think PGI and HBS need to counter sue these sh*theads for false claims.


If Para. 39 is factual, then it sure looks like HBS is gonna be writing a check.

If they agreed not to use derivative works as part of their original settlement (not just infringing, but also merely derivative works) and they are now using such derivative works that they got from PGI...oops.

#32 Scout Derek

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Posted 23 July 2017 - 01:34 PM

View Postnaterist, on 23 July 2017 - 01:26 PM, said:

so their based in hollywood, and i live 15 minutes from hollywood. i think im gonna use the next month or so to egg/graffitti all over their headquarters. i got a month off and idgaf if i get a ticket.

i dont even like pirahna, but theyre ****** with hairbrained schemes rn, so imma go **** **** up. anyone else in socal down?


I mean, it's a 5 hour drive for me to get over there D:

#33 JC Daxion

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Posted 23 July 2017 - 01:39 PM

View PostLuminis, on 23 July 2017 - 12:49 PM, said:

I'm no expert in Copyright Laws or anything, but I think there's something about losing one's copyright claims due to inaction. Might just be a token case for Harmony Gold to not lose claims due to remaining inactive for too long, so they can potentially keep up further lawsuits in the future.

But I only skimmed some articles on that matter, so that might be a completely false notion...




NO that is true... that is a big part of why there are copywrite lawsuits in the first place... My guess is the law is like that so lawyers get paid.

#34 Zergling

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Posted 23 July 2017 - 01:40 PM

Relevant link

Also guys, PGI/HBS/etc have long known this would happen; they've obviously received some rather trustworthy legal advice that HG doesn't have a leg to stand on anymore.
Which is probably due to Japanese courts ruling that Tatsunoko Productions (the company that sold the license for Macross mecha in the USA) never had held the IP to begin with.

It could also be because HG lost a very similar case in 2013 against Hasbro.

Edited by Zergling, 23 July 2017 - 01:47 PM.


#35 Scout Derek

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Posted 23 July 2017 - 01:41 PM

View PostBud Crue, on 23 July 2017 - 01:22 PM, said:


With the more complete document to review I still think Para. 27 is stupid and will be tossed, but Para. 22 (at least) is something where I think reasonable people may differ as to the images being confusingly similar, derivative or "they look sorta the same to me" (gotta love juries). Anyway it doesn't seem as crazy in the fuller context.

This could be bad.


Could be. however, HG has to supply the letters/emails they have sent.....

As back then, there was little to NO action taken whatsoever..... a full year to actually file a lawsuit?

At most, it would've taken them 3-4 months to make one, but they decide that after a full year they start one up. Sketchy AF.

#36 A Really Old Clan Dude

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Posted 23 July 2017 - 01:44 PM

View PostBud Crue, on 23 July 2017 - 01:07 PM, said:


Sure there is. Rule 11, for starters; but other sanctions are available for truly "frivolous" law suits. The question of course is this "frivolous". The part with those images above sure looks like it, but I have no idea what else is in there.



May as well go after the producers of Robocop...ED-209 looks more like that "officer pod" than the Locust does.


What about all the Xbox and playstation games with "battlesuits" they would at least have money. Titanfall, beyond, gundam versus and the dozens of others. They all have "robots" piloted by people which is the best they could hope to challenge. I thought this got sorted 30 years ago when the board game 3025 tech readout book came out.

#37 Yellonet

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Posted 23 July 2017 - 01:47 PM

"Harmony" Posted Image

#38 SuomiWarder

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Posted 23 July 2017 - 01:50 PM

Harmony Gold lost their first case after years for a number of reasons, including the fact that they never had the correct rights from the correct original owners in the first place. Not sure if they are just looking for a settlement out of court here or if they have some type of potential movie deal in the works and they hope to scare off or intimidate competition before it forms. I doubt they are planning on a mecha game - not much money in them.

#39 JC Daxion

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Posted 23 July 2017 - 01:53 PM

maybe they should sue transformers too.. Cause If the pheonix hawk looks like Super valkerie, then it certainly looks like "Frenzy"


There might be some similarities, but over all they have more than enough parts/pieces that make them totally unique. Like rifleman, the cockpit is totally different, as are the legs/feet, Same with the guns. Sorry guys, you can't copy-write antenna.



anyone remember when Marvel and DC sued City of heroes, That went no where.. They even had people that worked for marvel/DC that would make accounts, and make heroes that looked just like, or almost like there heroes.. Super man was very common.. But Cryptic would just make the people change the colors, or what ever and that was the end of it.

Edited by JC Daxion, 23 July 2017 - 01:56 PM.


#40 Zergling

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Posted 23 July 2017 - 01:55 PM

View PostJC Daxion, on 23 July 2017 - 01:53 PM, said:

maybe they should sue transformers too.. Cause If the pheonix hawk looks like Super valkerie, then it certainly looks like "Frenzy"


They did.

And lost, badly.





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