Epic Threatens over Custom Gears of War Figure
Posted 09 March 2007 - 04:22 PM
Posted 09 March 2007 - 04:35 PM
that is just plain wrong. It seems to me that Epic lost a major opportunity to make money out of this. They should have rewarded the guy's creativity by granting him a portion of the proceeding from the licensing of the doll. Money all around and everyone is happy. Now this guy can make Epic's life miserable if they ever try to market something like that. He can then issue a cease and desist order to them. Poetic Justice.
Sorry but that's not the way it works. He can't sue them for selling something they own the rights to and he copied. It would be funny if he sued them anyway, knowing he couldn't win.
Posted 09 March 2007 - 04:53 PM
if he only gave it to his cousin as a prensent how did epic find out about it , did hes cosuin contact epic or what , or did epic find it on the website ?????????????
I do believe he posted it on Something Awful's forums to show off his good work (Hell if I did something like that I would take a few pictures to show off my handy work.) It had a link to his site and bam! Epic got him.
Posted 09 March 2007 - 06:22 PM
Posted 09 March 2007 - 08:24 PM
Theres no shaky cam pic of it,he`s made it look its best by photoshop with graphics and he`s made packaging for it too.Would a home made pressie go to such lengths?,i think he`s trying to shift a few on the fly here,i mean wouldn`t u?.No wonder Epic issued this.He`s also just got a load of advertising for free so he`ll be looking for staff shortly i imagine
Posted 09 March 2007 - 08:44 PM
He has used the marks on boxes and 'promotional' material and then made it all public etc etc. Regardless of if this falls under fair use or not, Epic MUST send this letter and aggressively enforce their copyright and trademarks. This is because, if he was to go on and produce another one for someone else, then another for someone, then another which he gets a bit of money for, then thousands of people want them etc etc Epic would not have a leg to stand on as they did not aggressively enforce their right to the properties at the very start.
I quote "Trademarks must be aggressively protected by the owner to keep them from falling into the public domain and the owner losing the protection of the mark. This means that if the owner fails to protect its mark and allows it to be used in unauthorized ways or in ways that may cause it to cease being identified in the mind of the public solely with the goods and services of the owner, the protection may be lost. This is because the trademark is based upon identification of the mark with a particular source and if the owner of the mark shows an indication that it does not care much about protecting that source identification, the mark may lose its value to that owner and the court may strip that owner of the protection the mark originally afforded."
"In sum, owners of trademarks are not necessarily "evil" if they rigorously enforce their intellectual property. They must do so if they are to protect their commercial asset. And while, if you are not the owner of such a mark may object to what you deem to be "restrictive" policies, keep in mind that you too benefit from the protection afforded by trademark law. If you want a particular brand of a product or service, you want to be assured that what you are buying is what you are getting. If the owner of that mark does not protect the mark, at some point you too may be a victim of the confusion that may result."
More here: http://www.ivanhoffm.../trademark.html
As I said, no news, just copyright and trademark law at work. He is more than ok to make Dolls that look like Marcus etc but he is NOT allowed to use the copyrighted logos etc as the letter clearly states. Additionally, if you read the terms of the promotion pack that epic sent out for people to help promote gears I am sure there are some terms and conditions associated with the use of the contained materials.
IMHO this is just a very bad bit of press coverage that has no more truth or balanced views than an article in the Sun as otherwise it would clearly explain 'WHY' Epic sent the letter (the reasons I quote above) but it clearly does not say any such thing. Shame on xbox scene for rallying behind this useless story.
Edited by itrends, 09 March 2007 - 08:54 PM.
Posted 10 March 2007 - 12:04 AM
Posted 10 March 2007 - 12:54 AM
My respect for Epic just sliced in half. That is absolutely pathetic.
You have half more respect than I do. That lawyer was a cretin and should be sodomized by a chainsaw!
Epic just lost another customer !
Posted 10 March 2007 - 02:25 AM
I bet Cliffy B's ego has been boosted beyond recognition now with all the awards and money from Gears. Shame he was a nice a guy before, but watching him at awards shows, hes gotten insanely arrogant and cocky.
This whole thing reminds me of the time Microsofts lawyers contacted me over the creation of the MC360 skin for XBMC. I shat myself when I saw the letter, but luckily microsoft just wanted me to remove a few logos, that I had recreated myself mind, they didnt want thier X logo used. So I got away with it, shame this kid hasnt.
Posted 10 March 2007 - 03:54 AM
i believe you took your quotes too literal. this usually applies to other situations. for instance people use to referr to copies as xerox; by doing so xerox would lose rights to their name and it would no longer be valid. take a look at some of the ads they put out back in the day stressing ask for XEROX copies. this is not so in this specific case noone would assume this gentleman IS gears of war or epic for that matter. i personally think epic went a little overboard with this. had he sold one or two of these figures then the letter in my opinion would have some validity. however they were a little silly with this decision and are now being ridiculed by the fanbase for such actions. to make note of how much of an impact the fan base has on businesses take a look at the whole kotaku/ps3 debacle last week.
Posted 10 March 2007 - 04:48 AM
Posted 10 March 2007 - 07:50 AM
I also told them I'll never buy a game from them... and I'll tell all my friends to do the same...
So guys please don't buy from epic games... play their games at a store or rent them i don't know =P
... I hope they don't sue me for doing that XD!!!
Posted 10 March 2007 - 08:08 AM
These people have a right to protect what is theirs. Image you spending your life and your lifes savings to make something and get it copyrighted. You spend everything you have building it up and just after it comes out, someone black markets it with your exact logo, exact same product, everything. How would you take it? The first thing you would do is go bitching to your lawyer. Every single last one of you. Granted the situation is a bit different, but the point remains the same.
You are only seeing it from not even half the story. You have a copy of a legal letter and some pictures of a figure some random guy made. No matter how you slice it the kid infinged upon a copyright plain and simple, end of story. He got busted because he was dumb about it. That is his fault and really I guess he deserves what he gets. If he would have just gave the "christmas" present to his cousin like he said and kept it quite, no one would have been the wiser.
It isn't like epic is getting him thrown in jail. They really just asked him nicely, in the legal way, to please stop using their logo without premission. That is all.
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