1809 replies to this topic

[Marauder3D]

As a non practicing attorney, I can see how this might look bad to a judge. I am officially concerned.

[Zergling]

Marauder3D, on 23 July 2017 - 01:55 PM, said:

As a non practicing attorney, I can see how this might look bad to a judge. I am officially concerned.

HG is making a lot of claims that are no longer true in its statements. They might have once been true, but they aren't anymore.

[JC Daxion]

Zergling, on 23 July 2017 - 01:55 PM, said:

They did.

And lost, badly.

lol Thanks!

[Zergling]

Like, here's the VF-1 Valkyrie:
One
Two
Three


And here's the Transformers toy that HG sued Hasbro over in 2013:
One
Two
Three


Is HG lost that case so badly, then something must have changed. Which also explains why PGI/HBS/Catalyst/etc got so ballsy about the Unseen in the last few years.

[JC Daxion]

Marauder3D, on 23 July 2017 - 01:55 PM, said:

As a non practicing attorney, I can see how this might look bad to a judge. I am officially concerned.

I wouldn't be, there is way to much precedence on art.. Just look at "Ice, Ice, Baby" and Queen's song, Under pressure. A single extra note made it an entirely unique song.

Tom petty won a suit, or lost a suit, because he used, or had his exact rift used. Sometimes in music it happens on accident. But drawings, and art is almost impossible with out being exact.. There is a reason why there are no lawsuits over cars that look exactly alike.

Sorta like Legal Fake handbag knock offs. They are identical outside of the logo, which looks almost identical to the untrained eye. the ones that are illegal are the ones sold on the streets with out taxes and such.

Like i said before, it is just some legal mumbo jumbo made up by some Congressmen to increase the money in lawyers pockets..

Zergling, on 23 July 2017 - 02:02 PM, said:

Like, here's the VF-1 Valkyrie:
One
Two
Three


Is HG lost that case so badly, then something must have changed. Which also explains why PGI/HBS/Catalyst/etc got so ballsy about the Unseen in the last few years.

Doesn't number two look almost exactly like the F-18? Maybe US military should sue them.... they could use some cash i'm sure!

http://www.gettyimag...a%2018%20hornet

Edited by JC Daxion, 23 July 2017 - 02:07 PM.

[davoodoo]

Designs are from pgi and they arent licensee of harmony gold so they would need to go through pgi first...

[Zergling]

JC Daxion, on 23 July 2017 - 02:05 PM, said:

Doesn't number two look almost exactly like the F-18? Maybe US military should sue them.... they could use some cash i'm sure!

F-14, but yeah... the VF-1 Valkyrie's aircraft form was heavily inspired by the real life F-14.

[TiguriusX]

invernomuto, on 23 July 2017 - 01:25 PM, said:

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

You are reading a 1-sided document. Of course it sounds bad. They wrote it to sound bad.

There is a famous saying in the US that you can get a grand jury to indict a ham sandwich (b/c grand jury proceedings are 1-sided only)

[JC Daxion]

Zergling, on 23 July 2017 - 02:07 PM, said:

F-14, but yeah... the VF-1 Valkyrie's aircraft form was heavily inspired by the real life F-14.

yea.. I guess your right.. F-14 has more swooped back wings.. But still, check out that like i posted, some of the picks/angles look very similar...


But yea, i had a thing for both back in the 80's.. I was HUGE into aviation flying model airplanes, had posters of jets.. Wanted to be a pilot.. Then i saw top gun and wanted it even more!.. then i raced moto-X instead... But i still would love to get in one of those things.. Mach 3 would be hot!

[invernomuto]

TiguriusX, on 23 July 2017 - 02:09 PM, said:

You are reading a 1-sided document. Of course it sounds bad. They wrote it to sound bad.

There is a famous saying in the US that you can get a grand jury to indict a ham sandwich (b/c grand jury proceedings are 1-sided only)

Agreed, but I still find par. 22 somewhat concerning. While for HBS case (par. 27) resemblance between the robots seems very vague, it's not the case for PGI and the unseen mechs. Let's see how it will settle out, if I read correctly the trial will be on September 2018.

[Pariah Devalis]

PGI developed assets that are derivative of Robotech designs. However, the "no derivatives" rule only extended to Weisman, NOT PGI, and only in that he not design them. Derivatives of art in and of themselves are not normally prohibited. Especially under "fair use." It does not say he cannot use someone else's designs. Further, several of the examples used towards Weisman, himself, and HBS are hilariously unrelated. An Atlas compared with a Crusader? Really? They look nothing alike. A Locust like a commander pod? It's absolutely silly.

Furthermore, given HG technically never legally obtained the rights to the art in the first place, their entire grasp of the IP is sketchy at best.

Edited by Pariah Devalis, 23 July 2017 - 02:40 PM.

[TiguriusX]

Zergling, on 23 July 2017 - 01:55 PM, said:

They did.

And lost, badly.

If you read that article they didn't actually "lose badly"

They essentially retreated from the battle.

Losing badly is actually losing on the merits and having those same facts available to use against you again in the future.

Based on that article you linked the case was dismissed. Nothing I am aware of there that can be used by HBS or CG or PGI to help them

[TiguriusX]

JC Daxion, on 23 July 2017 - 02:05 PM, said:

I wouldn't be, there is way to much precedence on art.. Just look at "Ice, Ice, Baby" and Queen's song, Under pressure. A single extra note made it an entirely unique song.

Please don't rely on what you think you heard about Ice Ice Baby and Queen.

He settled (i.e., lost) and paid an undisclosed sum and gave Queen/Bowie song credits on the song

http://www.rollingst...e-1990-20160608

[CK16]

Can PGI,HBS, & CGL counter sue for harassment......'Intent to threaten, intimated, annoy, and alarm"

[Mechwarrior1441491]

Arnold The Governator, on 23 July 2017 - 12:44 PM, said:

They better not harass PGI about my pet mech or else....



Seriously, Canada needs to legalize dueling again so that whoever is behind these mindless quick money lawsuit schemes can get glove slapped.

Arnold The Governator, on 23 July 2017 - 12:44 PM, said:

They better not harass PGI about my pet mech or else....



Seriously, Canada needs to legalize dueling again so that whoever is behind these mindless quick money lawsuit schemes can get glove slapped.

Actually we did a few weeks ago. No joke.

Edited by Mechwarrior1441491, 23 July 2017 - 02:58 PM.

[MechaBattler]

I remember Russ saying during a Town Hall they'd set aside money for any legal shenanigans by HG. He also intimated they'd come to know something that might help them should that happen.

[Valdarion Silarius]

Mechwarrior1441491, on 23 July 2017 - 02:58 PM, said:

Actually we did a few weeks ago. No joke.

Which is why I stated that in this thread, lol. I thought they were in the process for legalizing dueling if another offended party accepts the challenge according to their laws. Didn't know it was actually legal now.



I want to see a proper gentleman's duel between PGI's and HG's lawyers.

[Chados]

https://www.pacermon...emes_LLC_et_al#

Filed in March. Trial date 2018. Harmony Gold apparently is up to its old tricks, going after PGI and Harebrained for depictions of the 3025-era Phoenix Project and Unseen mechs.

[Aggravated Assault Mech]

TiguriusX, on 23 July 2017 - 02:40 PM, said:

If you read that article they didn't actually "lose badly"

They essentially retreated from the battle.

Losing badly is actually losing on the merits and having those same facts available to use against you again in the future.

Based on that article you linked the case was dismissed. Nothing I am aware of there that can be used by HBS or CG or PGI to help them

It indicates that Harmony Gold is probably aware of the dubiousness of their claim on Macross designs and isn't confident of their chances in court. After all, Hasbro continued to produce and sell the offending design- what claim does Harmony Gold really have if that's the case?.

HBS/CGL/PGI probably won't "use" anything because the case will probably end up the same- dismissed or discreetly settled out of court. The risk of going to court is far, far greater to Harmony Gold than it is to Weisman and friends.

[Chados]

More background on the Macross issue. May shed light on why Weisman and PGI think they have a case. I haven't read the complaint or answers.

http://kotaku.com/59...nearly-15-years