You can't own a tree

[L1qw1d]

I was strolling late at night and ran across a strange article (which unfortunately redirected me to another blocked site because it handles games -.-; ) about Copyright infringement.

http://www.kotaku.com.au/2013/02/games- ... ace-marine -says-author/ (the blocked site for me) was talking about how GW is trying to penalise people for using the term space marine. I could have sworn that those 2 words had been used far before their time...

I used to study copyright, trademarks and the like because of how companies have used the laws (so...please don't get me on a Disney rant -.- It would be easy to do, but basically large corps are getting a LOT of rights, and everyone else is getting screwed). This one though REALLY caught me off guard because of the 'common word' clause in at least 3 countries (it disallows using phrases that would be in the general pool of language to be trademarked or impeded upon).

Is this really occurring or is this just a knee jerk hoax?

[Tyrannus deathbringer]

http://www.guardian.co.uk/books/2013/feb/07/superheroes-space-marines-lawyers-copyright

To be fair to GW, if you want to protect a market share then "Space Marines" is a good TM to have, and they did go to the trouble of registering it. So they are within their rights to assert it.

[Dyvim tvar]

Possibly within their rights. Registration does not necessarily equal validity.

[Rork]

I think, as some of the articles on this debacle point out, GW could be on rocky ground if they go after someone with the cash to finance a defence. "Space Marine" as a term has (apparently) been around since at least the 1930s, predating 40k by near 50 years.

[Noble korhedron]

I think, as some of the articles on this debacle point out, GW could be on rocky ground if they go after someone with the cash to finance a defence. "Space Marine" as a term has (apparently) been around since at least the 1930s, predating 40k by near 50 years.

Let's hope they're stupid enough to do just that!! I'd LOVE to see them get pwned in court!!

[Tyrannus deathbringer]

Possibly within their rights. Registration does not necessarily equal validity.

Validity is a matter for the law. Regardless of whatever anyone else thinks of it, it is GWs prerogative to protect their intellectual property.

If they don't have a proper legal foundation, then they will lose the case.

[Saintofm]

Well, space marines have been a staple of science fiction for as long, if not longer than green space babes.

Hell, I'd think this be one of those terms that are up in the air as Star ship Troopers and the Aliens franchises have equal dibs to it.

[Dyvim tvar]

Possibly within their rights. Registration does not necessarily equal validity.

Validity is a matter for the law. Regardless of whatever anyone else thinks of it, it is GWs prerogative to protect their intellectual property.

If they don't have a proper legal foundation, then they will lose the case.

The problem is that because of their level of resources, they can prevail even without a proper legal foundation. GW can act the bully towards individuals and small entities that don't have the resources to mount a defense.

[Red...]

I can't imagine anyone would care about the issue enough that when presented with a case by GW they wouldn't just change the wording to something similar, but different (e.g. stellar marine or space commando). Technically, I doubt that GW's claim would stick if it was really contested (although I suspect the battle would come down to identifying whether it was really just the name that was being copied or if it was the entire concept), but I can't imagine it ever really getting to the point of a court deciding one way or the other (even GW would be reluctant not to come to some accomodation, just in case they were ruled against!)

[Tyrannus deathbringer]

The problem is that because of their level of resources, they can prevail even without a proper legal foundation. GW can act the bully towards individuals and small entities that don't have the resources to mount a defense.

It's an unfortunate aspect of modern western legal systems that such big vs small bullying is not uncommon.

My point is that I can see GW's position with claimed intellectual property. Owning a trademark for such a potentially lucrative monopoly in their field as "Space Marine", their financial and legal teams would not be doing their job if they didn't protect it.

Whether that stance backfires in terms of publicity, or in terms of being overturned in court (which is still possible in small vs large legal battles) is GWs problem.

[Noble korhedron]

GITS!! Since I don't know what else to say that won't either be censored or break the board rules.

[L1qw1d]

Well, it would also be a matter of different outcomes based on different countries interpretations of the laws, and whether it would also conflict with the international trade laws.

The down side IS what Rork said: it's been used before, and entered the general vernacular. There's an article on how copyright evolved in America on Youtube for crash coursing in it
( http://www.youtube.com/watch?v=tk862BbjWx4 ) but the subject gets very intricate when you move from ideals to implementation (and lawyers lol)

[Dyvim tvar]

One of the intricacies of the subject is that we are not actually dealing with Copyright but with Trademark -- they are two different types of Intellectual Property and are subject to different rules.

[Daeron]

The problem is that because of their level of resources, they can prevail even without a proper legal foundation. GW can act the bully towards individuals and small entities that don't have the resources to mount a defense.

Perhaps, but if there wouldn't be a matter of resource, every man and his neighbour's dog would try the yonk it away by filing a case. It could be like a lottery ticket. He who guesses the right argument gets the jackpot.

The moment you invent a rule to protect something, is the moment a power struggle is defined. Is it fair? Who knows.. it can only be judged on a case by case basis.

I just know that Space Marine would never had any special meaning or carry any weight if it wasn't for GW. It's because GW used it as the name for one of their greatest icons in the game that now "Space Marines" caries a lot of weight for me. Thanks to GW it's a name to be whispered only, for to say it three times in the mirror would make the ground shake, a hellish war break loose and drop pods land before your feet.

[Noble korhedron]

@Daeron: Good points.

[L1qw1d]

also Dyvim: good point

http://www.bbc.co.uk/news/technology-21380003

They restored the Ebook on Amazon, just as an FYI. Apparently many authors took umbrage to the situation

[Saintofm]

Great, it sounds even more convoluted.