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Made in us
Plaguelord Titan Princeps of Nurgle




Alabama

Not sure if this has been posted elsewhere, but a Floridian lawyer and game store owner is suing GW for a number of reasons. Story here:

https://spikeybits.com/2017/08/games-workshop-is-being-sued-for-62-5m.html

SpikeyBits second article:

https://spikeybits.com/2017/08/whats-next-for-gws-62-5m-lawsuit.html

Some notes for those that are work-blocked:

Plaintiff herein affirms all previous paragraphs 1 – 12 and all hereinafter in his Cause of Action for Restraint of Trade by GW, as if set forth again and as more fully set forth hereinafter:

GW more and more blatantly violates Antitrust law to restrain trade of the models they job-out in China – to interfere with Store’s ability to do business freely – to Steal my sales.

For near-30-years GW has always maintained that we sellers can “Set any price we want for the items we wholesale from them (GW)”. Yet, more recently GW ‘asked’ its retailers “not to have a ‘shopping cart’ on our websites – since they were adding one to theirs”!? Soon after, without agreement from Stores – GW ‘asked’ that “advertised prices (on the internet) not be more than 20%-Off MSRP – directly contradicting their previous assurances and our extant long-held Verbal Good-Faith Contract. Later, (unknown to Plaintiff) GW said 15%-off.

Eventually (and unknown to your Plaintiff Stores) GW ‘claimed’ to have quietly instituted a ‘policy’ to outright ‘prohibit’ any/all sales which used internet.

This would be like tool supplier telling retailers 50-years ago that:“Customers can buy in your Store – but if they call you on the Telephone – then they HAVE to buy from us direct”.

GW ‘Investor Relations’ webpage betrays their criminal intent (as well as socio-pathology to ethics regarding the Great Debt they owe to the America Stores that made them:


In 1987‘GW’ in England released the SAME essential game: a space-empire starting in the 31st Century with warp travel, Dropships, Power-armoured gene-modified humans, tracked & hover-tanks – and huge robots & pilots (called a ‘Titan’), with guns, lasers, plasma weapons…

Famed Author, Robert A. Heinlencoined a common-law copyright of: Space Marines in his his Novels: “Misfits” (1939), “The Long Watch” (1941), and culminating in “Starship Troopers” (1959). Space Marines were Heinlen’s paragons of human spacefaring military prowess (often combatting voracious, sentient space-insects)!

So, in 1987 GWtook Heinlen’s Space Marines – to add it to FASA’s game-theme, in a double-theft of others’ intellectual property. Artist R. Geiger teamed with 20th Century Fox, Ridley Scott, & James Cameron, to make films of human-devouring Insectoids: ALIEN (1979) and ALIENS (1986). In October 1987 GW released ‘New Rules’ with their rip-off ALIENS, renamed: Genestealers-Tyranids – identical to Geiger’s/FOX’s images and vision.

So: Heinlen’s Space Marinesbattle Geiger’s ALIENS – in GW’s game – just like in Heinlen’s original Starship Troopers! Never legally paid for!
Prior to stealing these, GW’s Warhammergame was a 110% rip-off of R.R. Tolkien – a Middle Earth magic/fantasy war of Tolkein’s Orcs-Goblins-Trolls-Ogres-Dwarves-Elves, etc. The litany of GW’s copyright thefts and abuses are endless, from the exact spelling of Tolkein’s Eldar – to exact sculpts of Universal’s Dracula, Frankenstein, Werewolf, & Mummy. GW’s 5-man Terminator Squad – is a Xerox of FASA’s 5-man Elemental Star, et al.

This message was edited 2 times. Last update was at 2017/08/08 18:03:48


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Androgynous Daemon Prince of Slaanesh





Devon, UK



IANAL, but if those are direct quotes from the actual legal argument that's been submitted, it reads more like a butthurt ex fan who knows just enough legalese to sound impressive than an actual legal claim for tens of millions.

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Made in gb
Slashing Veteran Sword Bretheren






Liverpool

This guy sounds like a bag, the worst kind.

Waaaahhh, GW stole ideas from everyone else, give me money, pa.thetic.

Fury from faith
Faith in fury

Numquam solus ambulabis 
   
Made in gb
Multispectral Hsien





Gosport, UK

Can you sue people for ripping things off that aren't yours anyway? And surely you can't sue for a large mark up on a non essential item?
   
Made in gb
Warning From Magnus? Not Listening!



UK

Reads like Donald Trump decided to sue Games Workshop. Ranting about the EU's socialism, etc. Hilarious.

Dead account, no takesy-backsies 
   
Made in us
Plaguelord Titan Princeps of Nurgle




Alabama

 Azreal13 wrote:


IANAL, but if those are direct quotes from the actual legal argument that's been submitted, it reads more like a butthurt ex fan who knows just enough legalese to sound impressive than an actual legal claim for tens of millions.


I was thinking the same thing when I read through the complaints. There's an hour and a half long phone call with the guy at the end of the article, so it might be worth listening to.

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Fixture of Dakka




UK

with luck this will be as successful as all those dubious (failed) GW lawsuits of the Kirby era,

if this guy is really a game store owner I suspect he won't be by the time he's paid GW's costs

whether by a big fish like GW or a minnow like this frivolous lawsuits should be stamped on hard by the courts

 
   
Made in gb
Arch Magos w/ 4 Meg of RAM




We'll find out soon enough eh.

LOL, that is quite something.

Ranting about Land of the Free Home of the Dollar etc and branding GW as Eurotrash sershurlists while tenuously invoking antitrust law and legal enforcements of unprovable verbal contracts in order to try and induce the government to crack down on a business might be some of the most breathtaking hypocrisy I've ever seen.

The "IP stealing" bit reads like a legal complaint filed by Trump's twitter account

Note - I don't disagree that a lot of what the guy states is true, or that much of it is shady, I'm just not sure exactly how most of it is *illegal*.

This message was edited 1 time. Last update was at 2017/08/07 16:07:37


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Rampaging Reaver Titan Princeps






London

Can I get a simplified explanation of what's going on?
   
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Mekboy Hammerin' Somethin'





Denver, Colorado

 Valkyrie wrote:
Can I get a simplified explanation of what's going on?


I think it's pointing out that some elements of GW's IP isn't 100% original - space marines may have been based in part from old books, tyranids based in parts from the alien movies, for example.

But that's completely ridiculous argument.

There's a half hour discussion of the suit on youtube, not sure if I care enough to listen to the whole thing.
   
Made in us
Member of the Malleus






 Valkyrie wrote:
Can I get a simplified explanation of what's going on?

Seem like some rando maybe-lawyer, maybe-store owner is throwing a bunch of dubious legalese into a complaint against GW in hopes of collecting the $12.5 million USD he has listed for himself in punitive damages.

He even threw RICO into the mix...

Should be interesting to watch.

~Eric

   
Made in gb
Fresh-Faced New User



London, UK.

If he'd done his research he would find that GW had tried to trademark 'Space Marine' and bought a case against an author. The courts determined that 'Space Marine' is in the common weald and no one has the exclusive rights to it. Now they will be able to throw this back at the plaintiff.

 
   
Made in ax
Calm Celestian






He could to be right on a few of the points.
I know from personal experience that GW does not always honor their return policy.

Fraud, Price Fixing, Tortious Interference, Breach of Contract, Unjust Enrichment, Restraint of Trade, Conspiracy and Antitrust Violations.

Of these I'd say Restraint of Trade, Conspiracy and Antitrust Violations are accurate.

Price Fixing? Isn't GW allowed to set whatever prices they want?

   
Made in gb
Longtime Dakkanaut





Wishing I was back at the South Atlantic, closer to ice than the sun

I'm not a fan of the Kirby era legal suits and deep pocket litigation that they undertook. But I will look forward to watching GW take this guy apart piece by piece.

Chapterhouse was educational, this one is completely frivolous.

Cheers

Andrew

I don't care what the flag says, I'm SCOTTISH!!!

Best definition of the word Battleship?
Mr Nobody wrote:
Does a canoe with a machine gun count?
 
   
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[DCM]
Evolved Spambot





Hyperspace

Oh, great, now GW is going to go insane and rename all their armies and units to incoherent, copywritable babble.

FudgeDumper - It could be that you are just so uncomfortable with the idea of your chapters primarch having his way with a docile tyranid spore cyst, that you must deny they have any feelings at all.
CragHack - The book hanging on his waist is actually 'Fires of Cyraxus', doomed to be lost and never released :(
Peregrine - If you like the army buy it, and don't worry about what one random person on the internet thinks.
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Made in us
Stoic Super Dimensional Captain






If quoted correctly by spikeybits, that lawsuit is about as coherent and cogent as a Kirby preamble and has about as much merit as GW's case against Chapterhouse.


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Made in gb
Slashing Veteran Sword Bretheren






Liverpool

 Bull0 wrote:
Reads like Donald Trump decided to sue Games Workshop. Ranting about the EU's socialism, etc. Hilarious.


"UK company ripping off work of great American men....Sad!"

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Faith in fury

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Made in us
Executing Exarch






Your first problem is the person.

1) Florida (one of the many "joke" states of the US)
2) Game store owner (this is okay)
3) ...and Lawyer.

If you're a competent lawyer, you're not running a game store. This means someone who attended law school and somehow graduated but likely practices little to no law except attempting poorly worded attempts to getting small settlements from large companies. If the wording in that article is verbatim, the "lawyer" in this instance is borderline illiterate...and that's not a good start to your case.

 
   
Made in gb
Cunning Chieftain






$62,000,000?

Wonder how this goon is proving a loss of that extent?

Ah well, near as damn it to my profession, so shall have a read. And no doubt a mighty fine giggle.

Fed up for Scalpers? Why not join us? 
   
Made in us
Discriminating Deathmark Assassin





The Eternity Gate

It'll be tossed on grounds of standing alone.

01001000 01100001 01101001 01101100 00100000 01101111 01110101 01110010 00100000 01001110 01100101 01100011 01110010 01101111 01101110 00100000 01101111 01110110 01100101 01110010 01101100 01101111 01110010 01100100 01110011 00100001  
   
Made in us
Master of the Hunt




He shouldn't have too big of a lawyer's bill. This should be thrown out for lack of standing at the very least.

While I haven't read the whole pleading the parts quoted above don't demonstrate either a harm to the plaintiff or even if the plaintiff is facing potential harm.
   
Made in gb
Cunning Chieftain






Herpderpderp 3 cents per model....markup blah blah.

So only looking at the cost to cast a single model. Not the cost of concept, design, mould production etc?

Ah man, this should work well for him....


Automatically Appended Next Post:
Also, pretty sure GW fought off a 'Genestealers = Xenomorph' case yonks ago. On account of the lack of a prehensile tale, 50% more limbs, different breeding cycle, totally different head shape and lack of extendable secondary mandible?

At least, that's what my old manager told me?

Side note - anyone know which drugs the plaintiff is on? Want to make sure people avoid them.

This message was edited 1 time. Last update was at 2017/08/07 16:37:40


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[DCM]
Pig Thief





Everett, WA

 warboss wrote:
If quoted correctly by spikeybits, that lawsuit is about as coherent and cogent as a Kirby preamble and has about as much merit as GW's case against Chapterhouse.

GW's legal team set a high bar regarding incoherence in legal proceedings. Glad to see someone is up to the challenge.




Reading's for morons who can't understand pictures.

 
   
Made in gb
Cunning Chieftain






40k starts in the 31st Century?

Pretty sure it's the 31st Millenium....if one can't even get the basics right?

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Made in gb
Thunderhawk Pilot Dropping From Orbit




UK

Lol this guy sounds like a complete nut job. Hope GW bankrupt the guy with their costs.

 
   
Made in ca
Longtime Dakkanaut





 MadCowCrazy wrote:
He could to be right on a few of the points.
I know from personal experience that GW does not always honor their return policy.

Fraud, Price Fixing, Tortious Interference, Breach of Contract, Unjust Enrichment, Restraint of Trade, Conspiracy and Antitrust Violations.

Of these I'd say Restraint of Trade, Conspiracy and Antitrust Violations are accurate.

Price Fixing? Isn't GW allowed to set whatever prices they want?

Doesn't price fixing usually involve two (or more) competing companies who decide instead of competing they want to manipulate the market prices? If I recall correctly I think AMD and Nvidia were sued for price fixing their graphics cards a few years back and convoluted to raise prices higher than they should have been. Here is the Canadian Law take on it. http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00112.html

This message was edited 1 time. Last update was at 2017/08/07 16:52:56


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Fresh-Faced New User




The plaintiff is pro se (representing himself). He has no lawyer.

It is not a criminal complaint. A private citizen can't initiate a criminal complaint.

Reading the complaint he sounds like a crank.
   
Made in ax
Calm Celestian






If I understand it correctly he wants to make GWs IP public domain within 10 years?

He wants allot of money to give to whomever he feels GW has ripped off (I get the feeling he is trying to get the backing of some large greedy movie studios trying to make a quick buck)?

So if he actually won, all of AOS and 40K would become public domain? GW would probably go out of business and the hobby as we know it would come to an end?

So what would happen? We would have hundreds of companies making "official" models, rules, fluff etc for AOS and 40K trying to make a quick buck. It would water down the hobby to the point of it being just one big mess.


I do agree allot of GWs business practices are deplorable and anti consumer though. Opening a GW store next to a FLGS because they have high sales just to try and steal customers is just really bad and all it does is make the FLGS lose customers so he has to cut back which could result in lower sales overall so GW closes their store and the area never recovers, this has happened on a few places from what I've heard.

GW not supplying independent stockists with enough pre-order products or their shipments being late is also something I've heard about.

Wonder what the markup for Australia is, 100,000%?

This message was edited 1 time. Last update was at 2017/08/07 17:01:52


   
Made in gb
Morphing Obliterator





UK

This guy gw should hire. Their very own legal team are just as stupid
   
Made in gb
Cunning Chieftain






And he claims all GW's models are actually made in China.

Must've hallucinated the factory when I got the tour....the one in Nottingham. And the one he mentions in his own papers in Memphis. Which I've not had a tour of.

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