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Author Topic: Really Harmony Gold... REALLY?  (Read 9798 times)

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JPArbiter

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Really Harmony Gold... REALLY?
« on: July 25, 2013, 12:50:59 AM »

http://www.animenewsnetwork.com/news/2013-07-24/harmony-gold-sues-hasbro-for-copyright-infringement-over-toy

Sigh...

Harmony Gold is of course entitled to defend it's licensee to the fullest extent of the law.  but considering the product is based in fact on a Non Macross Product, and colored in a way that only passes a vague resemblance to thier property, I think they are grasping at straws.  particularly since, as far as I can tell, they let the 2006 Jetfire toy that was released for General Distribution pass

http://www.transformersclassics.com/news/data/upimages/jetfire_alt.jpg

I also have to question the wisdom of a real estate company with minor media holdings taking on the God King of the North American toy market.  makes me wonder if Hasbro could eye the property and just say "how much"

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BattleTech products aren't Pokemon Cards. You don't have to catch, or collect them all.

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Nerroth

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Re: Really Harmony Gold... REALLY?
« Reply #1 on: July 25, 2013, 09:54:31 AM »

Classics Jetfire is arguably in the same boat as the Mark 1 LAMs, in terms of being "different enough" to pass the IP test.

But the irony in this case is that Hasbro's co-producer for the Transformers franchise is TakaraTomy, who happen to be the current owners of Tatsunoko. (Yes, they of the Japanese legal entanglements with Big West and Studio Nue.)

So, if anyone at Hasbro wanted to clarify the legal situation regarding the Macross franchise in Japan, as well as establish for themselves exactly who is, or is not, supposed to be in a position to provide Harmony Gold with their own licence in the first place, they are quite well-placed to do so.
« Last Edit: July 25, 2013, 10:10:05 AM by Nerroth »
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JPArbiter

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Re: Really Harmony Gold... REALLY?
« Reply #2 on: July 25, 2013, 10:58:11 AM »

except the nature of liscencing agreements dictates that HG is the God king of all things Macross in North America.

for me it boils down to this is not a Macross toy, given that it does not LOOK like a Valkyrie and does not have Macross markings, so no infringment exists.
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Knightmare

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Re: Really Harmony Gold... REALLY?
« Reply #3 on: July 25, 2013, 05:55:57 PM »

We'll just have to see how this one plays out. Personally, I think Harmony Gold can suck it, but I'm not a huge Macross fan so my invested interest is limited to this thread only.
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JPArbiter

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Re: Really Harmony Gold... REALLY?
« Reply #4 on: July 26, 2013, 10:22:57 AM »

the part that tickles me the most is that they want to examples of the toy that were already purchased confiscated from thier buyers without compensation.

this satire really sums it up for me

« Last Edit: July 26, 2013, 10:27:13 AM by JPArbiter »
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TigerShark

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Re: Really Harmony Gold... REALLY?
« Reply #5 on: July 26, 2013, 11:11:22 AM »

http://www.animenewsnetwork.com/news/2013-07-24/harmony-gold-sues-hasbro-for-copyright-infringement-over-toy

Sigh...

Harmony Gold is of course entitled to defend it's licensee to the fullest extent of the law.  but considering the product is based in fact on a Non Macross Product, and colored in a way that only passes a vague resemblance to thier property, I think they are grasping at straws.  particularly since, as far as I can tell, they let the 2006 Jetfire toy that was released for General Distribution pass

http://www.transformersclassics.com/news/data/upimages/jetfire_alt.jpg

I also have to question the wisdom of a real estate company with minor media holdings taking on the God King of the North American toy market.  makes me wonder if Hasbro could eye the property and just say "how much"


The American government should sue Harmony Gold, since the VF-1 is based on the F-14 Tomcat, using their own logic. These guys haven't been relevant for years, unless you watched Queen Kong or Tibet: Cry of the Snow Lion.

::hears crickets::

No? Anybody?

« Last Edit: July 26, 2013, 01:02:54 PM by TigerShark »
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Epoch Rooster

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Re: Really Harmony Gold... REALLY?
« Reply #6 on: July 26, 2013, 12:59:33 PM »

It's the F-14 Tomcat, the F-16 is called the Falcon

The comic strip is spot on, though
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TigerShark

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Re: Really Harmony Gold... REALLY?
« Reply #7 on: July 26, 2013, 01:03:07 PM »

It's the F-14 Tomcat, the F-16 is called the Falcon

The comic strip is spot on, though

Fixed. :)
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Nerroth

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Re: Really Harmony Gold... REALLY?
« Reply #8 on: July 26, 2013, 02:02:54 PM »

except the nature of liscencing agreements dictates that HG is the God king of all things Macross in North America.

Which is the point where the Japanese legal decisions come into play.

While Tatsunoko had the right to market the original SDF Macross series (and related merchandise) outside of Japan, their remit was not supposed to cover individual components of that series (mecha designs, characters, and so on), since those component rights remain under Big West and Studio Nue's control (which allowed them to develop sequels like Frontier).

Under that line of reasoning, HG would only have been allowed to handle the series itself (since their contract was/is with Tatsunoko), but they are (from the perspective of Big West and Studio Nue) overstepping their boundaries in terms of how much Macross-related material/derivatives they are claiming international control over.


However, while neither Big West nor Studio Nue have tried to bring any legal proceedings against HG in the United States on the back of the decisions affirming the nature of their relationship with Tatsunoko in Japan, Hasbro is in a much stronger position financially to prosecute such a legal campaign - and, if they so wished, could consider asking TakaraTomy to get the relevant information from Tatsunoko (or to simply ask Studio Nue and Big West directly) in order to make a counter-argument as to exactly what HG themselves are doing beyond the bounds of their own licence.
« Last Edit: July 26, 2013, 02:22:50 PM by Nerroth »
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Knightmare

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Re: Really Harmony Gold... REALLY?
« Reply #9 on: July 26, 2013, 09:35:18 PM »

Doing that—if true—could cause significant woes for HG. Depending on the outcome it might create an interesting situation for "others" to exploit if HG then had a fiscal incentive to "play ball."

Either way, it'd be so so nice to stick it to them. HG reminds me of an irrelevant tycoon from the last century throwing his weight around on name only, expecting others to bow down and part ways.

Now I really want to see them take one on the nose.
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JPArbiter

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Re: Really Harmony Gold... REALLY?
« Reply #10 on: July 29, 2013, 12:55:16 PM »

the thing is that HG has never really tried poking anyone that had the power to destroy them.  This sucker WILL end up going to court, and depending on how things workout could be just as crippling as HG suing FASA was back in the day.
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Dread Moores

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Re: Really Harmony Gold... REALLY?
« Reply #11 on: July 29, 2013, 05:46:31 PM »

I also have to question the wisdom of a real estate company with minor media holdings taking on the God King of the North American toy market.  makes me wonder if Hasbro could eye the property and just say "how much"

You know, there's a kind of funny side effect to that. Do you really want Hasbro casting an eye in CGL's direction (not that there's anything to cast an eye about, but well, past luck and history seems to keep rearing its ugly head).

I chuckle at the wailing and gnashing of teeth that shall result when Wizards of the Coast is suddenly producing Battletech 2.0: Now with more Wizards!
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TigerShark

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Re: Really Harmony Gold... REALLY?
« Reply #12 on: July 29, 2013, 05:51:49 PM »


I chuckle at the wailing and gnashing of teeth that shall result when Wizards of the Coast is suddenly producing Battletech 2.0: Now with more Wizards!

Battletech: 96th Edition
By Wizards of the Coast

"You can't use that CRD-3R miniature. It's from 94th edition and isn't Tournament Legal. You have to use 95th or above and can only have one in your army."

"Unseen miniatures are sold for $1,000. But you can't use them in any games."
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Dread Moores

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Re: Really Harmony Gold... REALLY?
« Reply #13 on: July 29, 2013, 07:07:10 PM »

"Unseen miniatures are sold for $1,000. But you can't use them in any games."

Hang on, I actually like that idea.
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TigerShark

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Re: Really Harmony Gold... REALLY?
« Reply #14 on: July 29, 2013, 07:29:33 PM »

"Unseen miniatures are sold for $1,000. But you can't use them in any games."

Hang on, I actually like that idea.

Send your applications to:

Wizards of the Coast LLC

P.O. Box 707
Renton, WA 98057
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