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Author Topic: Spikey bits suing gw  (Read 6095 times)

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Offline magenb

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Spikey bits suing gw
« on: August 8, 2017, 05:58:44 AM »
So it seem Spikey bits is taking it to gw, interesting read especially about their a "stolen IP" and copyright of some names. What is also interesting is the mark up apparently a single 1 inch model is 3 cents...

What's the bet they are shafting their own store owners as well.


https://spikeybits.com/2017/08/games-workshop-is-being-sued-for-62-5m.html
« Last Edit: August 8, 2017, 06:01:11 AM by magenb »

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Re: Spikey bits suing gw
« Reply #1 on: August 8, 2017, 06:38:16 AM »
Having read the article, it looks as it's though David Moore who is suing GW, not Spikey Bits.  They are just reporting what his rather lengthy complaint is.

I found myself losing empathy with Moore's argument the further I got into the article.  His grasp of facts seems flawed in places, notably when he tries to argue that Europe works on a socialist economic model, which is factually incorrect, and that the US as a bastion of free trade should somehow be treated differently to the rest of the world.  I dislike these kinds of arguments, as they are not only based on an incorrect assumption about how the rest of the world operates, but also highlight the problem of US exceptionalism.

Moore's complaints about IP theft are, in my opinion, misplaced.  Orcs, Elves, Dwarfs, et al have been 'borrowed' from all sorts of sources by all sorts of authors and companies over the years, yet Moore makes it sound as though only GW has done this.  He'll get precisely nowhere with this element of his complaint in my view.

His comments about pricing and the freedom of store owners to set their own pricing system and have their own internet ordering system is probably the only viable aspect of his case.  I'll be interested to see how this develops.
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Re: Spikey bits suing gw
« Reply #2 on: August 8, 2017, 09:51:02 AM »
This whole 'lawsuit', is a complete waste of time.
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Offline Wyddr

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Re: Spikey bits suing gw
« Reply #3 on: August 8, 2017, 10:25:47 AM »
The guy has a few good points that he *might* have made a case for (the shopping cart thing, the advertising thing), but the fact that he lumped it in with all that other garbage means it's probably going to get tossed out of court.

And seriously, what lawyer wrote that BS? That is some sloppy, sloppy legal writing. 
« Last Edit: August 8, 2017, 12:42:41 PM by Wyddr »

Offline The GrimSqueaker

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Re: Spikey bits suing gw
« Reply #4 on: August 8, 2017, 10:40:30 AM »
When you see RICO mentioned you know the lawsuit is a pile of dross. Self-important storeowner/lawyer is wasting everyone else's time.
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Offline Cavalier

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Re: Spikey bits suing gw
« Reply #5 on: August 8, 2017, 11:34:58 AM »
Seems like total garbage to me. . Seems like an ill conceived self-appointment as a sort of people's champion and the apotheosis of all the ever escalating nerd rage surrounding certain websites (which seem less and less relevant by the day).
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Re: Spikey bits suing gw
« Reply #6 on: August 8, 2017, 01:54:11 PM »
Looks frivolous. I am surprised they were willing to spend the fees to even bring this to court, USA has very strong IP protections for companies.
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Offline Looshkin

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Re: Spikey bits suing gw
« Reply #7 on: August 8, 2017, 02:19:13 PM »
It seems like there is just an awfully large amount of nerd rage fuelling this lawsuit. It's pretty laughable in so many areas.

I particularly like the assertion that a Space Marine costs 3 Cents to make while retailing for $30. As though R+D has no cost. The design team work for free. The technology to produce the design? Given out by a charity. The infrastructure to house the design elements. Shipping from the supplier. Packaging. Storage. These are off the top of my head and don't even consider the cost of stores and the staff that run them all have to be covered too.

So yes, the actual plastic may cost 3 cents...but the hidden costs behind each miniature are huge in comparison. Do they still turn a tidy profit? Of course they do. But a 50000% mark up is an absurd fabrication by someone that clearly has a bee in their bonnet and an axe to grind.

It's like suggesting that an Aircraft Carrier only costs as much as the fuel used to run it. What a outrageously sexy lycra-clad pixie.

This will be an interesting case to follow...if only to see how quickly and how hard it gets thrown out of court.
« Last Edit: August 8, 2017, 02:21:55 PM by Looshkin »
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Offline Blazinghand

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Re: Spikey bits suing gw
« Reply #8 on: August 8, 2017, 06:11:23 PM »
On another forum, a poster wrote:

Quote
Oh wow. That lawsuit is... quite something.

He's alleging that GW stole Space Marines from Heinlein, Aliens from Geiger, the entire setting of WHF from Tolkein... and demanding as part of his settlement that GW no longer be allowed to trademark any of their products in America. Apparently he bases some of his criticism of GW's business policies on the fact that America has a free market economy, unlike the "socialist base of Europe".

But yeah just quoting marginal costs without accounting for the amortization of very very big fixed costs is not accurate. Will likely be thrown out of court.
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Offline Sir_Godspeed

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Re: Spikey bits suing gw
« Reply #9 on: August 13, 2017, 02:48:16 PM »



The only thing I'll add is that it's possible they should never have been given the "space marine" trademark to begin with, and that due to previous publications it should've been a genericized term, however that's a bit late to do anything about now.

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Re: Spikey bits suing gw
« Reply #10 on: August 25, 2017, 05:24:57 PM »
You never know what an american judge is going to make out of it.
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Offline magenb

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Re: Spikey bits suing gw
« Reply #11 on: August 30, 2017, 06:33:38 PM »
If nothing else if they win the right to have online shopping back with their discount pricing it will be a significant win for collectors in the US and it would be a foot in the door for other countries to be able to do the same thing.

Offline Wyddr

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Re: Spikey bits suing gw
« Reply #12 on: August 31, 2017, 06:38:25 AM »
If nothing else if they win the right to have online shopping back with their discount pricing it will be a significant win for collectors in the US and it would be a foot in the door for other countries to be able to do the same thing.

Yeah, this is the only part of this suit where the guy even has standing to sue. I think he may have killed himself with all the other bullamphetamine parrot, though.

Offline Saim-Dann

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Re: Spikey bits suing gw
« Reply #13 on: September 4, 2017, 08:06:37 AM »
Totaly agree with everyone here. What a load of horse pucky. Would have more to say on the matter, however, can't stop thinking about Looshkin's lycra-clad pixi.....

Offline The GrimSqueaker

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Re: Spikey bits suing gw
« Reply #14 on: September 4, 2017, 02:19:01 PM »
Three months in and it's still proceeding at the usual pace expected of these things.
Moore v. Games Workshop, Inc. et al (0:17-cv-61100), Florida Southern District,_Inc_et_al#
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Re: Spikey bits suing gw
« Reply #15 on: September 4, 2017, 05:30:01 PM »
From what I can interpret that last notation from Friday is the court ordering the plaintiff to respond with why he didn't issue the summons to GW et al. on time...

Not promising for Mr Moore
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Re: Spikey bits suing gw
« Reply #16 on: September 5, 2017, 09:38:14 PM »
GW seems to doing alright for itself at the moment all the same.
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Offline magenb

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Re: Spikey bits suing gw
« Reply #17 on: September 6, 2017, 01:04:39 AM »
put out a game people want to play and you make more money... whoda thunk it...

Offline The GrimSqueaker

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Re: Spikey bits suing gw
« Reply #18 on: September 6, 2017, 01:11:19 AM »
GW has been DOOOOOOMED, DOOOOOOOOOONMED for at least the last decade based on their rules, models, resin, trademark policy, copyright policy, Dan Abnett (he knows what he did), and anything else people get pissy about. They won't live forever yet they're not dead yet. This joke of a lawsuit included. 
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Offline kim

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Re: Spikey bits suing gw
« Reply #19 on: September 15, 2017, 09:57:22 AM »
Some of the funny parts of the case:
"  Violations of the U.S. Law and RICO under 18 & 15 U.S. CODE, including but not limited to Fraud, Price Fixing, Tortious Interference, Breach of Contract, Unjust Enrichment, Restraint of Trade, Conspiracy and Antitrust Violations. "
https://spikeybits.com/2017/08/whats-next-for-gws-62-5m-lawsuit.html

Moore is American. GW is a British factory with world wide outlet on the net and distribution trough hobbyist stores who simply buys from them. And the American is pressing criminal charges against them in a civil lawsuit.

 


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