On Games Workshop, Intellectual Property and Anti-Trust Law

Commissar Elvis

New member
I\'m going to skip over most of Page 2, as I don\'t really have anything to add. To be fair re: Games Day, you\'re only paying US$40 (no, that ain\'t much) for a limited edition miniature, and whatever you decide to paint or make at the Miniature and Terrain Paint/Make\'n\'Takes (or whatever the f*** they\'re called). That\'s not so bad.

On the other hand, while I missed the Stones in \'02 because tickets in Miami were $150 for shit seats :|~ , they ARE the greatest band in the history of history...to be fair. ;)

On the other hand, GW asking you not to use \"3rd Party\" items in converting their miniatures is a little bit over and above the RIAA telling you that you\'re not allowed to make MP3s of CDs that you bought and paid for so that you can listen to them in the car MP3 player, on your computer, whatever.

\"Fair use\" is still something being squabbled over in Federal courts, and the draconian and blatantly unconstitutional and anti-worker DMCA is still in effect. All of these limit your digital freedom and the lobbyists of the RIAA and MPAA are much higher-powered than Joe Sixpack who has turned to downloading music because he\'s not going to spend $18 on the latest garbage that the record companies\' so-called \"talent\" scouts decide to force down our throats.

Getting back to GW, this is utterly insane. They\'re basically telling you that, \"Even though you bought our model, and bought models from another company, you\'re not allowed to combine them, for any reason whatsoever. You may only use GW parts to convert your models, even though we enjoy raping you hard-core with no KY.\"

I can really understand why some people get so pissed that they leave the hobby. On the other hand, I\'m hardly up to Golden Demon standards, I generally find little enjoyment playing against cheese-mongering \"tournament players\", so I rarely enter any tournaments at all, much less Games Workshop tourneys. Having said that, when I start up another Guard army, there\'ll be plenty of female models in it courtesy of Shadowforge! :cool:

Now we\'re getting into personal gripes about Games Workshop, however, instead of the fact that they are in violation of US Federal business law, namely anti-trust law with regards to price-fixing, retailer coercion and manipulation and generally unsavoury (had to spell it the British way) business models and practices (which should be a crime).

On to the pricing schemes - not everyone in the UK is rich, but I will say they this - they are substantially better off than the average college-age or so (we\'ll say 18 - 30, for sake of argument) American worker. Labor unions still have power, they have national benefits and the minimum wage is almost double that of the Federal equivalent (I think their minimum wage just increased to something like US$10-$11/hr. after conversion). Are things more expensive in Britain? They certainly are. Are they taxed more? Definitely. But they actually get something for their taxes like healthcare, unemployment benefits, and a pension.

I\'ll steer myself back on course for a moment. Miniatures gaming, and gaming in general, has generally been the domain of college geeks (I say that with respect, as I am both a computer and gamer geek ;) ) and, to some extent, remains so today. GW\'s focus switch around 1999 - 2000 jacked prices up ridiculously and focused it on little Johnny\'s mommy buying him a Land Raider for getting that A in Social Studies or that Thousand Sons boxed set for his birthday. Where does that leave the struggling student, who\'s either dreaming borderline-illegal quick-money schemes or slaving in some pizza kitchen for $8/hr? Out in the cold, that\'s where.

And now, I found out that half or MORE of the gaming community refuses to deal with me because I didn\'t lay out several tens of thousands of dollars and sink myself in overhead so that I can open a brick and mortar store.

This short-sightedness and price inflation is going to sink many companies, and I think Games Workshop will be leading the charge straight to the bottom in the next decade or less, if they don\'t get slapped with Federal suits before long (although there are no \"gaming lobbyists\" in Washington, other than casino gaming, and the current administration wouldn\'t have taken Standard Oil to court at its most heinous heights).

OK, time to go renew my PO Box and take a deep breath. lol

**EDIT:

@Braveheart - No worries, baby. TCB, man, TCB. ;)
 
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Shadzar

Guest
1- my stuf was 30% off not $30 off. LOL

2- read the thing about selling converted minis. that has nothing to do solely with GW run events. and if i wa to convert a mini and lots of people liked it GW trying to say i couldnt sell multiples of the conversion. where i would be selling original GW parts that i had bought and paid for bein my personal tangible property, but also the added parts and time i put into it.
 

Commissar Elvis

New member
You hit the nail on the head, Shaddy. This is exactly the sort of \"Well, you bought it, but we still own it\" idiocy that the RIAA is trying to pull with regards to Fair Use!

I do not think, however, that this ridiculous provision of Games Workshop\'s would stand up in an American court. We do have a tradition of encouraging ingenuity and personal ambition and accomplishment. No business interest can LEGALLY tell you what you can do with their product after you\'ve purchased it.

What they\'re doing is exactly what most corporations use to discourage unionization of their workers - scare tactics. They use the line that, \"Oh, well, if you unionize, we can\'t pay you starvation wages anymore. Which means the some of you will have to be laid off.\" This is nonsense and anyone who can get over the fear can see that (sorry, I have a long career, considering my 25 years, as a union agitator :D ).

Games Workshop is banking on people crapping all over themselves in fear, like they on Bolter & Chainsword, of incurring the wrath of the GW Suits and their Cease & Desist of Doom! At B&C you can\'t even ask someone how they \"copied detail\", much less post a how-to on making molds for copying items with Green Stuff. I\'ve done this for long-OOP Ork glyph plates and posted it across three forums - I honestly feel like I\'ve performed a service, and I haven\'t cheated GW out a single red cent - I don\'t plan on it! I\'m hardly a thief!

Anyhow...all that pap is scare tactics and to keep ne\'er-do-wells like me out of their contests and tournaments. Don\'t sweat it...then again, to be perfectly honest, I don\'t want to face a protracted legal battle with Games Workshop. But if it looks like it would set a precedent, and force GW to start acting in a responsible and fair manner when it comes to corporate issues, fair use, etc. then I would have no choice but to do so. I\'m hardly in the position where this is a likelihood, or even a possibility, but I hope if someone else is, they would be willing to carry it through to trial.

OK, I have to get away from this devil box and start being productive now. :rolleyes:
 
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Shadzar

Guest
B&C i was on their one week before being banned

cause i would not remove my sig image of my name glistening w/spider & drow. they said \"it is inappropriate and offensive\"

so i got mad at the offensive part, and told them if they wanted to make me one SM related with my name to go for it. but i use that sig image everywhere, so people will know it is me.

and when i see an image being stole somewhere i change the image to reflect the person who is linking it without my permission and eating my bandwidth.

yeah B&C and GW are full of idiots.

well i dont care about strong arm tactics. if they gonna sue my broke :moon:. then believe me when i say they will spend more on lawyers than they will get form me.

lol
 

freakinacage

New member
Originally posted by Shadzar

again so sorry for hijacking your thread freakinacage. it was not my intent. i just wanted to warn you as you are a new seller to eBay.

no worries. this kind of stuff is always interesting.

two things;
1 - i am not really that new to ebay - i have sold 41 terrain items and used the same title style, showing which games are compatable with the scale of the piece. so far i haven\'t had any trouble but i shall play things safer in the future or maybe give away a gw mini like praetorian (what do you give away by the way?)

2- why hasn\'t anyone put in any bids? damn you all!!! all this free advertising and nothing :( lol
 
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Shadzar

Guest
Originally posted by freakinacage
2- why hasn\'t anyone put in any bids? damn you all!!! all this free advertising and nothing :( lol

1- im po
2- aint got no table to put terrain.
3- dont even play to need terrain.
4- im po

:D
 

Commissar Elvis

New member
Freak, I\'m a long-time eBayer myself and, after checking out your auctions, I have to say that you are indeed guilty of keyword-spamming. It\'s not a big deal, but it\'s definitely frowned upon by eBay and they could technically close your auctions. I certainly don\'t think they will, however. Keyword spamming is using a brand name or the like in an item not actually part of that brand. A good example would be \"Prada style bag, Gucci, Armani.\" Yeah, I know I used a purse as an example, but it\'s probably the most frequent keyword spamming violation on eBay. :rolleyes:

The terrain itself looks great, though! Unfortunately, I live in the US so shipping wouldn\'t make it worth my while, I still have a hell of a lot of models to paint before I worry about terrain, and I\'m not too terribly bad at making it myself. ;)

A better choice of title, at least in my opinion, would be something like \"Sci-Fi Gaming Terrain use in Warhammer 40K, Warzone etc.\" I even fired up Turbo Lister and that uses the maximum amount of characters allowed in a title. You\'re not passing the product off as a part of GW\'s product line, you\'re mentioning a competing product, and just citing its compatibility. I don\'t think you\'d have legal, or eBay TOS, issues with a title such as that. Moreover, you\'re hitting multiple gaming markets (40K and Warzone), as well as incorporating the genre (Sci-Fi) and what it actually is (Gaming Terran).

I hope I\'m not sounding too banal here, but until I decide on where exactly my business focus is going to lie, eBay is my sole form of income, hence I put in a lot of time tweaking descriptions, titles, etc. :cool:

By the way, if any of you guys need mobile phone car hands free kits (they affix to the headrest), I have nearly 50 that are being listed for $9.99/ea. More importantly, if any of you work for, or know of, a firm that handles cell phone accessories and is wholesale only (or at least will sell to businesses at wholesale) please let me know. I have a possible client wanting 250 of these a month in the UK, and I need a new supplier (local one closed).

Back on topic - eBay rox0rz wiff gl0x0rz! lol
 

vincegamer

New member
Anti-Trust and Fair Use

Originally posted by Braveheart712
First they could sell to their distributers at a sliding scale, one price for brick and mortar, another for IP sellers.
I\'m not an anti-trust lawyer, but I followed the link and read the law. I\'m pretty sure this is what that law prohibits. You cannot discriminate by selling items at one price to one person and at another price to that person\'s competitor. What GW is doing is merely selling at one price to one person and REFUSING to sell to the competitor. No problem with that.

The term fair-use has been tossed out here, and it has its place in the world of conversions and copyright.
However, a Trademark law term you should look into is \"dilution.\"
 

freakinacage

New member
oh don\'t get me wrong, i shall be more careful in the future. like i said, i just wasn\'t aware that there could be problems with that approach
 

Itchy

New member
i\'ve been playing Wammer 4DK since second edition... 8 years. Wow, doesn\'t seem like i\'ve been playing that long. Started as Orkies, but changed over to them beakies the Space Marines... finally settled on the Wolves at the begining of third edition. Man, i wish i still had my pewter buggies... those things were cool. And what ever happened to the bikes with the twin linked las cannons and my personal favore, the Kommandos:cool:
 
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