Author Topic: TRO Succession Wars and Harmony Gold (Read 147705 times)

Horseman · « **Reply #780 on:** 24 April 2018, 01:21:26 »

It wasn't. The most recent one posted was #116.

abou · « **Reply #781 on:** 24 April 2018, 07:32:53 »

I had another credit left with Pacer Monitor. This is quite long and has a lot redacted. Haven't read it all yet, just skimmed.

https://drive.google.com/open?id=1XATXUrc46_b1ZrEVUWcRF6V7ekyIucAV

Geont · « **Reply #782 on:** 24 April 2018, 08:23:44 »

What PGI in #119 is saying corresponds with our assumptions. It points to fact that BW is copyright owner and not HG. So if they infringe it should be BW suing them. PGI lawyers list several cases of this and cases where different mediums have a role. As non-US & non-law involved person these cases are outside my knowledge. From my point of view it looks like good response at whatever HG has last produced (#116?). Hope that #118 has something very important for PGI side. Not sure how this has relevance to probable future IMR defense that I still expect.

Daryk · « **Reply #783 on:** 24 April 2018, 08:28:33 »

Man, I'd love to know what it's in this redacted bit on page 10:

Quote

In any event, FASA’s alleged settlement with Harmony Gold is irrelevant because [REDACTED].

sadlerbw · « **Reply #784 on:** 24 April 2018, 09:10:12 »

That one is easy: because PGI is in no way related to FASA. Oh sure, they could have said something more juicy like the settlement was vacated or HG are space aliens, but they don’t really need to. It makes no difference what FASA did, because PGI isn’t FASA.

Feenix74 · « **Reply #785 on:** 24 April 2018, 09:24:49 »

Quote from: abou on 24 April 2018, 07:32:53

I had another credit left with Pacer Monitor. This is quite long and has a lot redacted. Haven't read it all yet, just skimmed.

https://drive.google.com/open?id=1XATXUrc46_b1ZrEVUWcRF6V7ekyIucAV

We owe you a debt of thanks abou for your assistance in making all these documents available to us to read.

Quote from: doc119

As shown by the Copyright Act and cases cited above, the “clearest language” in a writing signed by the transferor is necessary to divest an author of its copyrights in fictional characters. Self-serving conduct by Harmony Gold, and settlements with persons accused of infringement, are not substitutes for a clear, written assignment signed by the author. It appears that Harmony Gold has been asserting non-existent copyrights for years, and that none of its previous targets had the money, incentive or information necessary to defend against those false claims. This “history,” as Harmony Gold calls it, does not prove ownership of a copyright in the characters.

I believe that is legalese for "the emperor has no clothes on".

Kidd · « **Reply #786 on:** 24 April 2018, 09:33:45 »

Quote

Harmony Gold has been asserting non-existent copyrights for years, and that none of its previous targets had the money, incentive or information necessary to defend against those false claims.

Yes its true, even Battletech fans get their day in court.

Horseman · « **Reply #787 on:** 24 April 2018, 10:59:39 »

Quote from: abou on 24 April 2018, 07:32:53

I had another credit left with Pacer Monitor. This is quite long and has a lot redacted. Haven't read it all yet, just skimmed.

https://drive.google.com/open?id=1XATXUrc46_b1ZrEVUWcRF6V7ekyIucAV

:thumbsup:

Thank you! Added to the archive!

On a side note... remember that Harmony Gold issued some takedowns on the original Mechwarrior V trailer from 2009? I just rewatched it and realized that the "unseen" Warhammer in there never actually was that - while it shared the rough frontal outline and proportions of the Unseen, the cockpit was clearly inspired by the FanPro Reseen and the arms and shoulders were different from both the Unseen AND the Reseen.

SteelRaven · « **Reply #788 on:** 24 April 2018, 11:34:22 »

Why I was angry the first time, MW5 was the first time they made this 'close enough to infringe' argument. Then they tried it with Hasbro and got laughed out of court (not long after, we started get new art from CGL and PGI) Now they are trying it again, it's like they can't help themselves.

Requiemking · « **Reply #789 on:** 24 April 2018, 11:44:43 »

Quote from: SteelRaven on 24 April 2018, 11:34:22

Why I was angry the first time, MW5 was the first time they made this 'close enough to infringe' argument. Then they tried it with Hasbro and got laughed out of court (not long after, we started get new art from CGL and PGI) Now they are trying it again, it's like they can't help themselves.

California does that to you. Maybe Harmony Gold needs to spend a month or two up here in Canada. You know, clear their heads a bit. Preferably in the middle of winter with no coats.

SteelRaven · « **Reply #790 on:** 24 April 2018, 11:58:18 »

I know the real reason HG keeps doing this is the fever dream of a live action Robotech movie, making the argument that HG somehow owns the visuals (and they don't) would mean they can cash in not only on the movie but the merchandise sales. The argument has always ranged from piety and childish to bat guano delusional considering how HG has mismanaged the property over the years.

elf25s · « **Reply #791 on:** 24 April 2018, 12:40:54 »

Quote from: SteelRaven on 24 April 2018, 11:58:18

I know the real reason HG keeps doing this is the fever dream of a live action Robotech movie, making the argument that HG somehow owns the visuals (and they don't) would mean they can cash in not only on the movie but the merchandise sales. The argument has always ranged from piety and childish to bat guano delusional considering how HG has mismanaged the property over the years.

they may hope but through their actions they had shown over decades they pretty much killed it. no studio in its right mind after seeing such record will touch that...so the fan dream of live action movie is dead burried

Sharpnel · « **Reply #792 on:** 24 April 2018, 12:49:33 »

Quote from: Requiemking on 24 April 2018, 11:44:43

California does that to you. Maybe Harmony Gold needs to spend a month or two up here in Canada. You know, clear their heads a bit. Preferably in the middle of winter with no coats.

and somewher in the Nunavit (spelling?) territory.

glitterboy2098 · « **Reply #793 on:** 24 April 2018, 12:49:41 »

Quote from: elf25s on 24 April 2018, 12:40:54

they may hope but through their actions they had shown over decades they pretty much killed it. no studio in its right mind after seeing such record will touch that...so the fan dream of live action movie is dead burried

it is currentlystuck in pre-production hell at Sony. which is probably the only studio crazy enough to think it was a good idea.

Frabby · « **Reply #794 on:** 24 April 2018, 12:52:40 »

Quote from: glitterboy2098 on 24 April 2018, 12:49:41

it is officially stuck in pre-production hell at Sony.

When looking at the redacted/blacked out parts I thought they might refer to an as-yet confidential project with the IP. As if there was another, unnamed "ghost" licensee involved in this matter.

Requiemking · « **Reply #795 on:** 24 April 2018, 14:26:49 »

Quote from: Sharpnel on 24 April 2018, 12:49:33

and somewher in the Nunavit (spelling?) territory.

Nunavut, and sure, why not.

pheonixstorm · « **Reply #796 on:** 24 April 2018, 14:31:56 »

Hahaha they brought up the email I covered a few pages back about HG not wanting to trample on BW's copyright of the characters

victor_shaw · « **Reply #797 on:** 24 April 2018, 22:51:07 »

So correct me if I'm wrong.

HG claims that BW abandon their copyright so they automatically went to HG
PSI showed that not only did BW defend their copyrights vs Tatsunoko, they then registered said copyrights in the US.
So they in no way abandon them.

HG claims that the email shows that they where given the copyrights by BW.
PSI showed that the email is hearsay from someone not privy to this information, who is just guessing this is the arrangement.

HG claims that its defense against FASA proves it has the copyrights because the judge didn't dismiss the case.
PSI showed that the request for dismissal had nothing to do with the copyright.

HG claims that having the movie and distribution rights proves that they have the copyrights.
PSI showed that per multiple rulings and standing US copyright law that, movie and distribution rights do not translate into copyrights, and that it is required in plain writing for the right to be grated by contract. (The contract must say movie and distribution rights and all copyrighted materials contained therein.)

HG claims that it needs unspecified documents/emails/letters in BW possession to prove its case.
PSI showed that per US law, The Request for Letters Rogatory must not interfere with the proper and due course of a decision, and that if warranted that the request must have specified documents/emails/letters needed or it is a fishing trip and just meant to extend the length of the proceedings.

HG claims that PSI is FASA under an new name. So are under the settlement with FASA.
PSI showed that they are not FASA and have never been, and just because they have a battletech licence does not make it so.

So in summery PSI showed that
HG has no case.
HG has not right to bring a case.
everything they have said is wrong or a out right lie.
HG is using motions to waste the courts time.
HG has and is using the courts to bully and extort money out of other legitimate companies.

Do I have all this right. :)

Liam's Ghost · « **Reply #798 on:** 24 April 2018, 23:50:25 »

Well, it's PGI and not PSI. Aside from that... ;D

victor_shaw · « **Reply #799 on:** 25 April 2018, 00:36:47 »

*PGI in all cases ^-^

Kidd · « **Reply #800 on:** 25 April 2018, 00:37:51 »

Quote from: Liam's Ghost on 24 April 2018, 23:50:25

not PSI.

PGI are bringing lots of pressure to bear on HG though, and I can't wait for us to reach crush depth...!

Major Headcase · « **Reply #801 on:** 25 April 2018, 00:42:59 »

Has "Trial by Combat" been put to the Judge yet???

glitterboy2098 · « **Reply #802 on:** 25 April 2018, 01:12:58 »

Quote from: Major Headcase on 25 April 2018, 00:42:59

Has "Trial by Combat" been put to the Judge yet???

mechwarrior online match? :)

pheonixstorm · « **Reply #803 on:** 25 April 2018, 03:08:06 »

New entry tonight.

#120

Quote

NOTICE Intent to File Surreply to Piranha's Reply ISO re87 Second MOTION for Summary Judgment as to Plaintiff's Lack of Standing to Assert Copyright Infringement Claim ; filed by Plaintiff Harmony Gold U.S.A., Inc.. (Hughes, Andrew)

abou · « **Reply #804 on:** 25 April 2018, 07:22:00 »

OH, COME ON!

pheonixstorm · « **Reply #805 on:** 25 April 2018, 07:34:48 »

Can't wait to see what BS HG has in store for us this time.

monbvol · « **Reply #806 on:** 25 April 2018, 07:37:54 »

Except it is filed by PGI. So should be entertaining reading at least.

abou · « **Reply #807 on:** 25 April 2018, 07:39:56 »

No, it is filed by HG's lawyer.

monbvol · « **Reply #808 on:** 25 April 2018, 07:42:34 »

Don't mind me, just awake far too early because my back has decided I'm not allowed to sleep anymore.

JPArbiter · « **Reply #809 on:** 25 April 2018, 10:00:53 »

My workplaces chief counsel calls this “Motion Practice “ and is the lawyer racking up fees for thier own benefit, and to incentiveize thier client to reconsider the costs of moving forward with current strategy ...

This begs the question of if HGs counsel thinks this is a losing fight at this point