[Archive] Cease and Disist orders sent out to various "GW" gaming websites

This_Is_My_Boomstick!!:

I saw this on Warseer and thought it might be interesting for people to see

http://www.warseer.com/forums/showthread.php?p=4121178#post4121178

Willmark:

Looks like the issue revolves around certain sites using GW IP involving a store near as I can figure, which is not a smart move.

snowblizz:

Looks like the issue revolves around certain sites using GW IP involving a store near as I can figure, which is not a smart move.

Willmark
Not really. The store was using GW IP (pictures) to sell stuff apparently.
The sites with the "IP" in it weren't exactly making money off it.

This is from Herdstone where we were talking abotu the TalkBB C&D.

*falls over laughing*
The community is well served by a superb player-led organisation called
�?~The NAF�?T. The NAF runs tournaments and provides a network that links
together Blood Bowl Leagues all over the world. To put it simply, if you are
a serious Blood Bowl Coach then you need to be a member of the NAF.
Join up right now! (http://www.bloodbowl.net)

Current Bloodbowl rulebook designer's notes
Unforturtunately....you made NAF change their web address some the link doesn't work. tongue.gif

(decker_cky @ Nov 10 2009, 12:31 AM)
GW EPIC FAIL!

This_Is_My_Boomstick!!:

Unfortunetly Warseer have taken down the letter attachment

Grimstonefire:

There are a lot of websites that have been contacted in that last few months apparantly.

Dakka seem to have the count at 7 known ones, and possibly 50+ others (though it’s not clear if that is recently, or over recent years).

It doesn’t only involve stores, it seem to also be the use of trademark domain names…

lord balduron:

chaos dwarves IP anyone?

Willmark:

No. Looking at it we are very much in line with their policies. I don’t think you can trademark “chaos dwarfs”. We have such a large pool of artists that we use our “own” art by and large and I actually like our stuff better.

I’ve read this numerous times:http://www.games-workshop.com/gws/content/article.jsp?community=&catId=&categoryId=&pIndex=3&aId=3900002&start=4

And this: http://www.games-workshop.com/gws/content/article.jsp?catId=&categoryId=§ion=&pIndex=4&aId=3900002&start=5

Chaos Dwarfs is not in there for a Trademark. Now this doesn’t mean you can go out and create an army and sell them as Warhammer or Chaos Dwarfs for Warhammer either.

Willmark:

Another point in our favor. Xander owns the site and is in Canada, the server being in the US makes all the difference in the world.

Baggronor:

It says ‘Chaos Dwarfs’ is a trademark of GW in the front of the 5th ed army book. Presumably its the old ‘We spell it as Dwarfs instead of Dwarves thing’… Hopefully this won’t be a problem.

Gar Shadowfame:

After analysing GW actions over last 3 years, i think it has to do with their attempts to increase profits. (well nothing new rly) GM tries to reduce the intermediaries as it eats away their profits they are making “expansion in front” so they want to absorb distibution part of customers supply chain. By reserving the IP of pictures, they strike at their colaboratores marketing activities, so their website store is more attractive to buyers. Usualy GW loses up to 25% cos they used to let of shops that much of their product.

Baggronor:

By reserving the IP of pictures
This is a copyright grab, they make the illustrator relinquish his ownership when they employ him. This means they own the worldwide rights to the image forever, instead of having to re-acquire the rights from the artist after the repro rights expire, and also means they don't have to pay him again for usage abroad. Its also why I would never work for them. Scummers.

Willmark:


It says 'Chaos Dwarfs' is a trademark of GW in the front of the 5th ed army book. Presumably its the old 'We spell it as Dwarfs instead of Dwarves thing'... Hopefully this won't be a problem.


Baggronor
Sure. However it's also from 1993, times change. On top of this the server being in the US makes a huge difference on the IP front. Why? Because US Fair Use principals are far different then the UK.

On top of all of this GW sells next to nothing Chaos Dwarf related. They would have to prove we are harming their Chaos Dwarf sales...

Grimstonefire:

Just to point out here that mostly in books they change the exact details of what are registered phrases/ names/ insignia etc depending on which book it is.  What’s on their website may not be the full list. :wink:



Not all of them are copyright, and not all are trade marks.  I think some of those sites with copyrighted terms in their domain names are the ones GW are focusing on.

Seeing as FW will be releasing some CD at some point I presume they’re keeping up to date with any copyrights/ trademarks etc.

We are actually one of the few forums/ websites that have the race/ army name as the domain.  I suspect somehow that GW would have bigger forums to pick on first, like warhammer.org.

It would be entirely possible for GW to copyright ‘Chaos Dwarfs’, but they don’t really need to.

They would have to prove we are harming their Chaos Dwarf sales…
When did that ever stop them? :wink:

Xander:

We ought to form a GW-fansite coalition or something to track all these C&D letters that go out. Maybe we could form a massive block of users to inundate GW’s email system every time they try to trounce another fan site.

For all the reasons they give, I still don’t see the point of these letters. I don’t see what their ultimate aim is. Imagine any other industry doing this: movie fan sites, video game fan sites, sports team fan sites - it would never happen. Very strange indeed.

Grimstonefire:

My thinking is that ultimately it is a futile exercise.

If they force forums to change domain names, the content of the forum may not change, people could make money from GW related things.

If GW are buying the domain names themselves (extremely unlikely), they will have wasted money if they don’t then make use of them.

Anything they do is pointless really, though I guess it costs nothing unless someone is foolish enough to take them to court.

Warseer seems to have had loads of these over the years btw, I don’t know what for though.

Gar Shadowfame:

well if GW contacts any admin here, just tell them that they better leave it as it is or forum will be moved to gibraltar or barbados, and there GW cant reach.

snowblizz:

For all the reasons they give, I still don't see the point of these letters.  I don't see what their ultimate aim is. 

Xander
Well, GW is probably looking at which departments are redundant or "bloated" in this lean economy. Those lawyers need to make themselves look busy.

Grimstonefire:

@Gar

No matter what country domain is used GW can still get things shut down by finding out info from the hosts.

Maybe if we all learnt another language like spanish or russian GW wouldn’t notice us as much :slight_smile:

Willmark:

Again I will point out GW is a UK company doing business in a online world in this case. If all the servers in question resided in the UK they would have a leg to stand on.

You cannot trademark the words Chaos Dwarf, the are common everyday English words, you cannot trademark Dogs of War the phrase has been around for 450+ years. GW may have claimed that they can trademark chaos dwarfs then found out they can’t.

In any event it’s a case of antagonizing their fan base, do they really think this is going go garner them any points? It’s almost as if GW is following TSR in the 90’s when they sued evryone, look how that turned out. D&D now owned by Hasbro.

Baggronor:

In any event it's a case of antagonizing their fan base, do they really think this is going go garner them any points?
Ye, all that will happen is the antagonees will change their name and carry on, only they'll be annoyed at GW. Stupid thing to do really.