Shapeways cracks down on 'POP Goes the MONKEY'

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**4zero6**

I think this argument gets too far into the specifics without looking at the plain fact, that Shapeways is clearly aware their services can easily be used for copyright infringement. As such I'm guessing they quickly (maybe knee jerk) respond to copyright claims/issues. If they didn't their entire business could be in danger.

**Wyrmalla**

So how is this any different from all the other after market kits on the market? You can find tons of 1/35th scale parts for kits out there which advertise themselves in the same way. I haven't seen Rubicon or Warlord Games going after say Company B or Heer 46. Games Workshop seem to be much, much more aggressive about after market kits that any other company I've seen in the business.

Wasn't this all cleared up years ago too? I had thought that it was ruled anyone can make after market parts for GW stuff as long as it wasn't a direct copy of their moulds? So's how much attention I pay to that company though (as well really, this comes down to them wanting to sell overpriced addon sets themselves).

**Peregrine**

Wyrmalla wrote:
So how is this any different from all the other after market kits on the market? You can find tons of 1/35th scale parts for kits out there which advertise themselves in the same way. I haven't seen Rubicon or Warlord Games going after say Company B or Heer 46. Games Workshop seem to be much, much more aggressive about after market kits that any other company I've seen in the business.

The main difference is that upgrade parts for historical kits are based on something that can't be copyrighted. Both the original kit manufacturer and the upgrade manufacturer are drawing from the same source material, and neither has a greater claim to exclusive ownership of it (morally or legally). But GW does create their own IP, as derivative and unoriginal as it often is. So they have a lot more incentive to protect that IP and prevent people from exploiting their work.

I had thought that it was ruled anyone can make after market parts for GW stuff as long as it wasn't a direct copy of their moulds?

Not exactly. It was ruled that you could create parts for GW kits as long as they were new IP. IOW, you can make your own scifi rifles and say "compatible with GW space marines", but you can't make something that is clearly a bolter with a very slight difference to prevent it from being a literal copy of the mold. You can make your own shoulder pads with a wolf head (remember, the pad itself is a simple geometric shape and can't be copyrighted) because wolf heads are a broad concept that GW does not have exclusive ownership of, but you can't copy the GW Space Wolves logo exactly. Etc. Some of the products were ruled to be infringing GW's copyrights. Some weren't. It was a complete debacle for GW, but they did win on some points and the ability to make parts for GW kits is not unlimited.

**SeanDrake**

Well that did not take long for the mask to slip.

He should call there bluff and tell them he will see them in the UK courts. You would hear the collective bowel movement from Nottingham to the US.

GW resorting to bullying and false claims of copyright it's like the Dark Lord never left.

**StygianBeach**

SeanDrake wrote:
Well that did not take long for the mask to slip.

He should call there bluff and tell them he will see them in the UK courts. You would hear the collective bowel movement from Nottingham to the US.

GW resorting to bullying and false claims of copyright it's like the Dark Lord never left.

This is not a repeat of Spots the Spacemarine, so it is not that bad yet.

Plus unless I am mistaken, Anglo copyright law encourages this sort of thing.

**derek**

They've apparently cracked down on other sellers. I went to order some Horseshoe Terminator Shoulder pads from Plokoones and they appeared to have been taken down as well.

**silent25**

So traveled down memory lane and browsed the CHS thread. Think I found the list in file posed by czakk.

3. Chapterhouse has been found to infringe Games Workshop’s copyrights with respect to the following forty-nine products (product numbers refer to numbering in Plaintiff’s Trial Exhibits 1020 and 1021):

Selected Shoulder pads:
“Terminator pad for Exorcist Space Marine,”
“Power Armour Pad for Exorcist,”
one of the “Sawblade Shoulder Pad & Jewel” pads,
“Shoulder Pad for Serpent or Iron Snakes – Terminator,”
“Shoulder Pad for Serpent or Iron Snakes – Tactical,”
“Shoulder Pad w/ skull and flames - tactical”,
“Shoulder Pad w/ Studs and Skull for 28mm marine - Tactical”,
“Shoulder Pads for Chalice or Soul Drinker – Tactical,”
“Shoulder Pads for Chalice or Soul Drinker – Terminator,”
“Hammer of Dorn Power Armor Pad,”
“Hammer of Dorn Terminator Pad,”
“Power Armor Shoulder Pad for Scythes of the Emperor,”
“Scythes of the Emperor Terminator Shoulder Pad” (Products 10, 11, 12, 17, 18, 19, 20, 23, 24, 149, 150, 153, 154);
Assault Shoulder pad with number VII and VIII, Devastator marine shoulder pad with IX and X, Tactical shoulder pad with I, II, III, IV, IV, and VI (Products 46, 47, 51, 52, 57, 58, 59, 60, 61, 62);
Crested shoulder pad (Product 49);
“Generic Power Armour Shoulder Pad” and “Smooth Shoulder Pad for 28mm tactical – marine” (Products 54, 55);
“Banded Tech Pad” and “Banded Armor Pad” compatible with power armor and terminator armor (Products 68, 73, 74);
Studded rimmed shoulder pad MKV, MK I Heresy Era for 28 mm Marines “Thunder Armor” shoulder pad,
studded power armor pad for MK 5 (Products 75, 78, 80); Tervigon conversion kit (Product 37);

Skull or Chaplain Head or Bit for Power Armor (product 3);
Heresy Era Jump Pack (Product 76);
Spikey heresy heads (Product 79);
Wolf Rhino Conversion Kit #1 and Wolf Rhino Conversion Kit #2 (Products 82, 104);
Iron Snake conversion kit for Rhino (Product 106);
Doomseer Iyanar Duanna (Product 108);
Gun Halberd (Product 112);
Conversion Beamer Servo Harness (Product 113);
Armana'serq Scorpion Warrior Princess (Product 123);
Open- Fisted power claws and Closed-Fisted power claws (Products 132, 133);
TRU Scale Knights Praetorius “Order of the Empress’s Tears” Conversion Kit and TRU-Scale Knight Praetorius Conversion Kit (Products 142, 143);
“Shrike Conversion Kit” (Product 159); Dark Elf Arch Torturess (Product 160).

*edit*

some more items CHS didn't infringe on:

9. The Court previously found that Chapterhouse did not infringe Games Workshop copyrights in connection with the following thirty-four products:

Shoulder Pads for Deathwatch or Dark Angels – Tactical (Product 8);
Shoulder Pads for Imperial Fist (Tactical and Terminator) (Products 15–16);
Dragon or Salamander Shoulder Pad (Tactical and Terminator) (Products 25–26);
Dragon or Salamander Storm Shield (Diamond Scales, Smooth No Skull and Smooth w/Skull) (Products 28–30);
Salamander, Alpha Legion or Dragon Conversion Kit for Land Raider (Product 32);
Vehicle Icon for Flesh Tearers (Product 33);
Lashwhips (Tyrant Size and Warrior Size) (Products 39-39);
Bonesword Arms for Tryanids (Tyrant and Warrior) (Products 40-41);
Xenomorph 28mm Head Bits for Tyranid (Product 42);
Female Heads Imperial Guard 28mm (Product 44);
Shield for Iron Hands (Product 70);
Shoulder Pad for Iron Hands (Power Armor and Terminator) (Products 71-72);
Celtic Wolf Shield for Space Wolves (Product 81);
Celtic Storm or Combat Shield (Product 84);
Generic Hammer 2 (Product 85);
Imperial or Eagle Storm Shield (Product 86);
Armoured Predator Armour Kit (Side and Center) (Products 88–89);
Brazier (Dragon/Serpent [2 pieces] and Eagle [2 pieces]) (Products 91-92);
Mark I Rhino Conversion Kit (Product 93);
Pre-Heresy Scarab Shoulder Pads – Thousand Sons – Terminator (Product 96),
Shoulder Pad for Mantis Warriors Marines (Power Armor and Terminator) (Products 99-100);
Tactical Rhino Doors with Skulls Kit (Product 105);
28 mm Spartan Heads (Product 107);
Rapid Response Wheeled Kit for Chimera (aka Imperial Guards Chimera APC Kit) (Product 109).

Some of the items that have been pulled are on this list. POGTM has full right to go after GW for messing with them.

**Luciferian**

I don't know if anyone has touched on this, but in this kind of case it doesn't really matter if GW could win in court or not. Just the threat of legal action from a company of their size could be enough to entice a service like Shapeways to appease them, even if there isn't really a legal basis for their claims. Sometimes it's better to cave than to spend years in court spending thousands and thousands of dollars, even if you'd eventually win.

**SeanDrake**

StygianBeach wrote:
SeanDrake wrote:
Well that did not take long for the mask to slip.

He should call there bluff and tell them he will see them in the UK courts. You would hear the collective bowel movement from Nottingham to the US.

GW resorting to bullying and false claims of copyright it's like the Dark Lord never left.

This is not a repeat of Spots the Spacemarine, so it is not that bad yet.

Plus unless I am mistaken, Anglo copyright law encourages this sort of thing.

Only if you actually have the copyright.

Besides in UK law it is debatable if they actually have any protection on most of there stuff which is why they will not fight in the UK/EU courts.

There is a very good chance that in the UK they would be protected by design rights which is much more limited protection than copyright.

This is the reason they stopped making toy soldiers and started making artistic collectables. But if they ended up in court there is a very high chance that would be laughed at and ignored.

Design rights last a maximum of 25yrs and that's only if GW registered for them (They did not) so 20yrs is most likely. Anyone can ask at anytime for a licence to produce protected stuff and the owner can decline, except for the last 5 years where they are legally required to give a licence.

Hence why GW desperately don't want to end up with a UK ruling and why Primaris exist(how old are mini marines again).

**Azazelx**

Luciferian wrote:
I don't know if anyone has touched on this, but in this kind of case it doesn't really matter if GW could win in court or not. Just the threat of legal action from a company of their size could be enough to entice a service like Shapeways to appease them, even if there isn't really a legal basis for their claims. Sometimes it's better to cave than to spend years in court spending thousands and thousands of dollars, even if you'd eventually win.

That's a very real and relevant point.

https://youtu.be/Qp0J7P62NFU?t=1m53s

**Breotan**

If Pop were doing this on his own, he'd probably be able to stand up to GW, at least on some things. Shapeways has no interest in being dragged into litigation on someone else's behalf so Pop needs to do what he can to immunize himself from copyright complaints, like designing icons that a customer would buy and then glue to a model instead of designing replacement parts that include an integrated icon that has a direct counterpart to something GW makes (Imperial Fists shoulder pads, for example).