In a message dated 04/19/2000 10:02:25 PM Eastern Daylight Time,
[EMAIL PROTECTED] writes:
> This is an interesting story. Here's what I know about it.
>
> FASA wanted to do 'Mech toys and they worked a deal with a company (I
> believe the company was Playmates). They sent over copies of 'Mech
> miniatures and artwork and other things including the Mad Cat and a few
> other designs they had created internally.
>
> Playmates eventually decided not to pursue that deal and the toys didn't
get
> produced. Then, a year or two later, Playmates announces a line of giant
> fighting robots that, surprisingly, looked just like the models that FASA
> had sent them.
>
> So FASA sued, claiming that they had a copyright infringement claim.
>
Correct so far...
> In court, Playmates used a defense based from the proliferation of mecha in
> Japan to suggest that giant fighting robot designs were not copyrightable.
> A lot of industry people were involved at this point - I believe that
> someone from Palladium was even called to testify.
>
Kevin Sembeida testified. In fact, I read a copy of the transcript of his
testimony....
> Anyway, Playmates got worried that they might lose on this claim. So they
> dug around, and found out that some of the original BattleTech 'Mechs were
> actually based on the Robotech creations. Then, they tracked down those
> rights, and either sub-licensed them or bought the company that held them.
>
> Next thing you know, Playmates is telling FASA: Look, if we're right, you
> lose. And if you're right, we're going to countersue over these other
'mech
> designs and we'll use this case as precedent - meaning we'll beat you in
> Round 2. And since we haven't actualy done anything yet, you are going to
> get statutory damages of $3,000, but we're going to sue for actual damages
> and claim hundreds of millions of dollars in damages. So you can settle
> now, pay our attorney's fees, and hand us a nice check, or you can lose
> later and your whole company will end up in our hands.
>
Something like that...
> Needless to say, FASA settled.
>
Actually, FASA didn't settle (at least, that's not what employees were
told). The judge ruled that while FASA's designs (specifically the Mad Cat)
*was* copyrightable, he didn't feel that Playmates had infringed on that
copyright. The case was settled and both parties were stuck with HUGE legal
fees.
Take Care,
Lou Prosperi
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