AA/SDS recasting issue...

Originally posted by voice in the crowd+Jan 9 2006, 08:50 PM--><div class='quotetop'>QUOTE(voice in the crowd @ Jan 9 2006, 08:50 PM)</div>
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@Jan 9 2006, 07:03 PM
First AA was a vacume former. He didn't create or design squat.


This statement is not fact it is a belief of some people on this board. Until this point is proven it cannot be stated as a fact as you have used it DARKSIDE72. Andrew Ainsworth has stated he sculpted the original stormtrooper pieces and vacuum formed them for the movie it may or may not be true but there is no evidence yet that he didn't. When that evidence comes along please use it until then this comment is misleading to anyone reading this thread.

Cheers Chris.
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Chris its no less misleading then when others keep touting AA as the original sculpter when they also have no evidence to back it up.

According to the LFL court filings, they claim he DIDN'T sculpt it.

Since lots of things AA has claimed keep turning out to be false, you can be assured his claim of sculpting is false too.
 
Originally posted by TK765@Jan 9 2006, 06:14 PM
Chris its no less misleading then when others keep touting AA as the original sculpter when they also have no evidence to back it up.
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That is a very good point and one that should obviously be considered.. Common belief and hearsay are fine, but when someone of authority on the matter contradicts the assumbed belief, it should not be tossed aside just because...

I know some are quick to toss out the claims of LFL in regards to a 3D model being provided to AA because as of so far a lack of such photos, but has there ever been any photographic evidence of AA sculpting any part of the costume?

And lets not forget everyones favorite item the Master Replica stand that was a recast that AA provided with his product...
 
Originally posted by TK765+Jan 9 2006, 11:14 PM--><div class='quotetop'>QUOTE(TK765 @ Jan 9 2006, 11:14 PM)</div>
Originally posted by voice in the crowd@Jan 9 2006, 08:50 PM
<!--QuoteBegin-DARKSIDE72
@Jan 9 2006, 07:03 PM
First AA was a vacume former. He didn't create or design squat.



This statement is not fact it is a belief of some people on this board. Until this point is proven it cannot be stated as a fact as you have used it DARKSIDE72. Andrew Ainsworth has stated he sculpted the original stormtrooper pieces and vacuum formed them for the movie it may or may not be true but there is no evidence yet that he didn't. When that evidence comes along please use it until then this comment is misleading to anyone reading this thread.

Cheers Chris.
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Chris its no less misleading then when others keep touting AA as the original sculpter when they also have no evidence to back it up.

According to the LFL court filings, they claim he DIDN'T sculpt it.

Since lots of things AA has claimed keep turning out to be false, you can be assured his claim of sculpting is false too.
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Hi TK765,

I understand were you are coming from on the sculpting thing as I know you firmly beleive AA didn't sculpt them. All I am saying is that it isn't a fact (yet) until LFL win their case (which I believe they will) and provide evidence of another sculptor (which they may well do (but IMO they won't)).

Until these legal procedings are over and done with and a sculptor produced by LFL then it is still speculation to say AA didn't sculpt them.

Obviously from your point of view in your opinion it is pure speculation to say he did sculpt them :).

I do believe AA sculpted them (mainly because there is nobody else in the frame for creating them) but have no proof he did. I also believe Brian Muir sculpted Darth Vader unfortunately I can't prove this either (but he did :p ).

Anyway that was the only point I was trying to make to someone who was reading the thread may take this as fact when it wasn't yet proven.

If it is proven AA didn't sculpt them then ok a pile of people are right and others will be proven wrong in what they believe. Then there will be no further debate on the issue.

Unfortunately we will have to wait and see and I really really hope we get a final 100% set in stone answer to all the questions we are asking from the court case but personally believe we will never know the whole truth of it.

Anyway hopefully we will eventually get some answers TK765 :)

Does anyone know exactly when we will get some kind of an outcome on the LFL vs SDS legal procedings? Or is that one of those how long is a piece of string questions?

Cheers Chris.
 
Originally posted by voice in the crowd@Jan 9 2006, 06:56 PM
Does anyone know exactly when we will get some kind of an outcome on the LFL vs SDS legal procedings? Or is that one of those how long is a piece of string questions?
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That really depends on how far AA is willing to take it, most (almost all) civil cases like this never go all the way and end in settlements pretty early on... If it goes all the way it will likely be well over a year before we see a judgment laid down... The Federal courts system at this level are slow and back logged... The next step (Discovery) of the case (if it continues) will be very telling though as all the beans will be spilled by both sides, and there is little if any legal protection to hold back information if the other side request it, assuming it has relevance to the case...
 
For your consideration:

In the context of adding a near-accurate replica Stormtrooper (helmet and/or armor) to one's collection, there does exist a chicken-egg perspective. However, when you shift the context from tree-level to forest - or, perhaps, more accurately, the top of the food chain - there would be nothing to debate (or sell) if George Lucas had not dreamed up "The Star Wars".

It is clear that GL intended to retain all legal privileges and derived benefits that resulted from his vision. Therefore, while there may exist a loophole in the case of SDS, anyone who creates and/or recreates something in the image of GL's vision must recognize that their creation would not approach any degree of value in the absence of GL's vision. GL's vision is what makes the franchise - sum of the parts. A fully fashioned Stormtrooper would be only a sci-fi oddity in the absence of the movies, and more importantly, the chord those movies struck with the viewing public.

Short version, tip your hat and count your blessings when you are allowed to capitalize on the property of.....The Corporation-- I mean, the artist. :$
 
Originally posted by DARKSIDE72@Jan 9 2006, 09:52 PM
I see where your coming from Braks, and I stand corrected on the TE,GF suit origin. Matt owned the ROTJ suit and turned it into an ANH suit. He turned his property into something different. So it is a custom sculpt is it not?
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I guess it could go either way depending on your POV. How much do you have to change to make something "yours." The truth is that there really isn't THAT much that is different from the RotJ suit to the ANH (don't dogpile me, in another thread I would be arguing just the opposite... LOL). Seriously, I would say there were only tweaks and minor changes, not major renovations as that would destroy the whole point of the suit being "original." Again, I am not at all justifying what AA has done, just wanting to set the record straight that we aren't talking about something like the FX suit that was built from the ground up.
 
Always nice to come home to a big meaty thread ;). So many points to cover....

AA is not a member of the RPF. He can prove he created the original armor, after all, he was paid to do it. Whether or not it's his design is for the courts to decide. Since AA made the original armor in its 3D form, he cannot recast his own work. It's moot. If someone modifies his own work to make it look MORE LIKE his own work, then they are simply "plagarizing" his work. It's rediculous to say that modified, illegal versions of his work (and the ROTJ suit is copied from the ANH) are immune to his taking that work, which is his to begin with, and modifying it further. AA was paid to create the helmets/armor for the stormtroopers. It's in the courts obviously because the terms of the contract are not clear or nonexistent. If it was such a cut and dry fact that AA had no rights it wouldn't still be in the courts, would it. It's really amazing how these obvious points seem to evade some here.

If anyone can prove here that they created from scratch the DESIGN of the ANH stormtrooper armor pieces, then please step forward.

To say GF made original sculpts of TK armor is ridiculous because those designs either belong to LFL or, in 3D physical form, to AA.

If you cannot say you did, and you sell TK armor, then you are a recaster and a "thief" of the original designs, regardless of whether they belong to LFL or AA. Since I have seen much more evidence that AA did indeed create the armorÂ…the PHYSICAL armor for the stormtroopers, etc, than members here on the RPF, I side with AA. Where is the LFL evidence that he DID NOT create the armor? The McQuarrie drawings? They are not the same designs. They are similar. For the purposes of a court case, that is important.

If anyone knows why LFL is so intent on keeping the case in the USAÂ…let us know here.

LFL went after GF. GF is a member here. That places the RPF at risk. So if a member here recasts original work owned by a studio they are not banned, but if the original maker recasts work copied by a member here, his work is banned here? Think about the logicÂ…there is none. And those people that attack AA are using the spectre of legal action against RPF because collectors here are buying his products???? GreatÂ…so we have underground dealers trying to bring the RPF back to its moral center :rolleyes.

I believe that if you recast someone's original prop without permission, that is recasting. If I take TE's helmet and make 100 copies of it to sell, is that recasting? It is if I am a member here. Recasting, however, does not apply to the original maker of those props. Whether in this case AA has rights to the design or not is in the courts. But even without a court decision, there are those hereÂ….DEALERs and their buddies, that are trying to get the RPF to exclude their competitionÂ….SDS. Don't the collectors have a right to decide???

The members of the RPF here are collectors. Some are also dealers. Yes they are two different entities but the important thing is that MEMBERS here have BECOME dealers because they take props or replicas and recast them to make money off of RPF members. If they were just a bunch of collectors, the SDS case wouldn't matter except in light of the truth of his claims to authenticity. But how can we believe him? Because people that own original TK pieces and recast them to make money say that the original maker is lying. That is the most hypocritical thing I've ever heard of. The only reason those recasters/dealer are so vocal here is because they USE THE RPF TO SELL THEIR PRODUCTS.

I bought SDS products. Why? Because I am a collector. So if SDS is blackmarked then there are people hereÂ…people that DO THE SAME THING as AA but have no stake or history in the production of those piecesÂ…those same people are trying to prevent me from selling my pieces here to RPF members...to other collectors? The RPF cannot stop me from buying SDS products. The RPF cannot stop me from trying to sell them to other collectors. The RPF could stop me from selling my collection here, but who cares? I could sell them on Ebay.

Does AA get special privaledges? No, because he's not a member.

People here are so intent on applying the rules of the CoC:

"7. Selling/trading of recast items:
Deliberately recasting another memberÂ’s creation without permission is something this community does not support. A member found selling/trading items recast from another member without permission will face possible disciplinary action."

Well, AA isn't a member so what is the point of all this? He's not selling here, nor is there any dealer here working on his behalf. In fact, it's all the guys that say AA is a lier and a thief that wanted to see buyersÂ…COLLECTORS of his products to post photos of his next helmet, of his armorÂ….or to see better pictures of his armorÂ…all just to put him down and accuse him???? Hogwash.

Should we thank TE, GF, Gino, AP, FX who have brought us TK armor while at the same time condemn the original maker of that armor? And yes he made itÂ…he had the materials and the means and he has the photographs to prove it, photos we have SEEN HERE. What, you think John Mollo made the armor? He was interviewed and never claimed that. So where did it come from? The Wizard of Oz? ;)

Here's an example of the logic:

MR claims their props are accurate to the originals. Well, the first lightsaber I get a chance to examine and compare to the original design fails on many counts. Therefore, MR has misled it's buyers into thinking their prop replicas are perfect replicas. They are not. As collectors we should know about this. Does it matter that MR is a licensed dealer? Not really because we want what is most accurate. Otherwise we wouldn't be buying prop replicasÂ…illegal prop replicasÂ…from each other here.

So what really matters? That AA's products are not accurate? Well accuracy matters from a hobbyist point of view. Well then, does it matter that AA has the rights or not to the armor? Well, that really only matters FROM A DEALERS POINT OF VIEW. Do you see the distinction here? It's the dealers here and their friends that want to subvert AA under the guise of collectors claiming to serve the best interest of collectors here, when instead they are simply serving their own selfish interests. That is hypocritical. If I reveal those dealers here to LFL, I would be banned from the RPFÂ….right? Yet, those same dealers here use the complaint by LFL to subvert the activity of someone who actually produced the original props. Don't you see how ridiculous this all is? It is pathetic and makes me sorry for this forum.

Thanks if you actually read all of this :).

:cheers,

Thomas

PS...I'm not interested in the armor but love the helmets :).
 
Sithlord,

While I see many of your points as valid, I don't think you or anyone can say Andrew sculpted the armor or helmets. I hope the answer to this will come out during the court proceedings. I suppose we will just have to wait and see on that one. If Andrew is found to have sculpted the armor and helmets then I would agree with you, if not I would say he is copying others work and is therefore a recaster.

I suppose there will always be some degree of disagreement over this issue so I guess you could say we are all somewhat wasting our breath.
 
First of all, thank you all for weighing in on the issue and being civil while doing so. :)

Although there are some good POVs represented here, I would like to point out the issue at hand is not about original molds, who owns the copyright to the ST, or who made the original sculpt back in 1976. Hopefully that will be decided in court.

The issuse is AA taking the PHYSICAL labor of GF's original sculpt, recasting it, calling it his own, and selling it.

I would like to go ahead and touch on(albeit a bit late) a few points that stuck out in my mind so far...

Originally posted by BingoBongo275+Jan 9 2006, 04:56 AM--><div class='quotetop'>QUOTE(BingoBongo275 @ Jan 9 2006, 04:56 AM)</div>
2) I do not believe it is possible for an artist to plagiarise his own work.[/b]
The items in question are NOT AA's own work. They are original, physical creations by GF.

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@Jan 9 2006, 04:56 AM
3) Following on from the above, even if some of the “suspect” armour parts in question were a bespoke sculpt done recently by another artisan (such as GF or TE), it’s still plagiarism by the latter since the intention was to precisely duplicate the original artisans work. Basically you can’t condemn an artist (“A”) for copying the work of another artist (“B”) who copied the original artist (“A”) in the first place. This is compounded further when you consider that “B” copied all of “A” whereas “A” only copied part of “B”.
Unfortunately this is an invalid argument.

1.) You make the assumption that it is, indeed, AA's work which is being "plagiarized"

2.) you invalidate the premise behind "recasing" altogether. ALL replica props are "plagierized" from someone or another. The act of recasting is NOT the act of creating derivative works from someone's intellectual property, but to take somoene else's physical labor, steal it and sell it as their own. If you are to take exception to the recasting based on GF's work being a derivative of intellectual property, then you would have to take exception to ALMOST ALL acts of recasting, as it is usually involving recasting of "unathorized" derivatives of someone else's intellectual property. Now you're stuck with a prop community, rife with recasting, as NOONE owns the intellectual property of ANY of the items they make...

3.) It is an accepted practice to copy screen-used items which have been lawfully purchased and in a private collector's hands. Generally, these items are purchased with great amounts of capital($35k for a TK helmet anyone?), which its new owner can do with as he/she pleases.

Originally posted by Jedirick@Jan 9 2006, 08:47 AM
I will say I do not think denying any member the opportunity to sell his set of SDS armor here serves much purpose except to punish those who bought armor in good faith. There will always be those here who prefer SDS armor over anothers and I just can't condemn them for that.
I'm sorry Rick, but this is a direct contradiction of the rules members are already forced to abide by. I'm sure there are many people who have purchased MG clone armor and helmets in the same "good faith", but are not allowed to sell items (now)"known to be recasts".

Originally posted by Lord Abaddon+Jan 9 2006, 09:28 AM--><div class='quotetop'>QUOTE(Lord Abaddon @ Jan 9 2006, 09:28 AM)</div>
...However, anyone with any eye knows this board is basically illegal from get get go.  ALL Stormtrooper armor is illegal.  ALL copies of licensed merchandise are.[/b]
So, you are ready to throw the premise of *recasting* out the window altogether? This is the EXACT argument recasters have used for years to justify stealing some else's physical work and making a profit from it. I'm rather surprised you said it, Mike. :confused

<!--QuoteBegin-Lord Abaddon
@Jan 9 2006, 09:28 AM
And AA should have special consideration because unlike "other recasters" he isn't a recaster as the term is normally used...he worked on SW, he made the armor (in what capacity still to be determined) and he hasn't taken something that wasn't essentially his in the first place and copied it.
Again, recasting is NOT the act of creating derivative works.

Originally posted by jeezycreezy@Jan 9 2006, 11:24 AM
...Legally they may not hold the rights to the likeness, but I think we as a community should agree that they own the rights to their work without question. 
This is, and always has been the premise behind the term "recast". Nearly every(if not every one) person banned from the RPF for recasting has been for this precise reason. They stole the physical labor of another member and profited from it.

Originally posted by MattMunson+Jan 9 2006, 11:51 AM--><div class='quotetop'>QUOTE(MattMunson @ Jan 9 2006, 11:51 AM)</div>
I think ultimately, the ethics of most people on this board are for sale for a few bucks. If something comes along that is cool enough, and it takes recasting it to get it, then people will do it.

We talk a lot on this board about ethics, doing the right thing, etc, but in my many years with the hobby, I've found this all to be very academic. For the most part, if someone wants something, it typically does not matter where it comes from.
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Agreed.

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@Jan 9 2006, 12:31 PM
Gytheran

I see where you’re trying to go here but I don’t see exactly what you want ‘us’ to do.

AA is not a member here so you can’t have him expelled.  He hasn’t applied for membership (as far as I’m aware) so you can’t have him denied.  He has no ‘official’ vender of his merchandise here so you can’t have his product removed.

The only viable action I can see is to prevent people selling their personal property which they purchased in good faith.

Not disagreeing with your stance I just donÂ’t see what action can be taken.
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What I want from the collective "us" is an agreement that, despite AA's connection to star wars(whatever that may turn out to be), this community does NOT support recasting and will not support individuals found to recast members' work.

From the moderation, it would be "business as usual"... There would be an announcement that AA had been found to recast GF's work and items from him would not be allowed to be traded, sold, or advertised here.

This would help protect to any potential victims from buying GF's stolen works under the guise of AA's "connection" to Star Wars.


And Thomas,
I'm not a dealer. I'm not a friend of a dealer. What I am is a COLLECTOR who despises recasters and those who support their scummy ways. I also find the lack of interest in applying our forum guidelines to all acts of recasting to be along the lines Matt Munson posted above. I personally take self-pride knowing I do not fit in that catagory.

[Edit]
And I also despise seeing my own spelling errors...
 
really i don't see why anyone is discussing whether AA has rights to this stuff. I agree that that is a possibility, but I don't think it effects this debate.

If Andrew Ainsworth thought he had the right to recast GF's parts, why did he not tell us that this was the case? Why did he instead lie to all of his customers, claiming they were buying an accurate replica of an ANH suit, and implying as much as possible that there were original moulds involved?
If anyone can give me any answer that isn't "Because then he wouldn't have been able to make lots of $$$" I will be quite impressed.
 
To say GF made original sculpts of TK armor is ridiculous because those designs either belong to LFL or, in 3D physical form, to AA.

Couldn't this just as easily be phrased?

"To say AA made original sculpts of TK armor is ridiculous because those designs either belong to LFL or, in 3D physical form, to LFL."

Thomas there is one flaw throughout most of your post, you have taken all claims by AA and common belief and stated them as facts... Right now I would hesitate to claim what exactly AA did or didn't do... There are dozens of creatures/sculpts in ANH, so it's clearly obvious that LFL had a staff of talented artist working from him and he didn't need someone from OZ, AA was hardly his only option...

If anyone knows why LFL is so intent on keeping the case in the USAÂ…let us know here.

It's clearly detailed in the court papers... Do you really expect US Copyright violations be tried in another country? On the flip side would you expect a US court to rule on British copyright law? AA violated US law by selling his product to US customers, if he only sold to UK customers he might very likely have a damn good chance of change of venue... But if AA still believes he has a case in the UK to the ownership of the "Trooper" likeness then maybe he should take it up in UK courts and sue LFL... The rewards if he was found to actually own the rights to the "Trooper" likeness would far exceed his wildest imaginations...
 
If Ainsworth thought he had the right to use other peoples feeble attempts at copying his original works, why didn't he just tell us all up front?????

Answer: Because it's a stupid marketing move.......period...

I've got a GF suit and I'm tellin ya........the AA suit is far better looking based on the photos provided by GH. There are just too many differences. If GF had made his suits look like this one............he'd still be the top dog in trooper suits today. Just my own opinion of course. :) Having said that.....I still like my GF suit.

Dave

PS Exoray, using "court documents" as "fact" is about as reliable as "an alcoholic guarding the punch bowl" Until a court or judge, whichever the case may be, rules on the documents...........each document is considered simply a "claim" made by the parties who submitted them. No evidence has even been provided at this point and certainly no final arguments have been made. Stop bringing the court heresay into these discussions. It's ignorant. Anyone can sue anyone for anything. That doesn't mean squat until a "final" judgement is made. You guys throw these "insider secrets" from the LFL Legal team into these discussions, which is both unreliable at this stage, and also illegal. If LFL is leaking this stuff to people like you............the case will get thrown out on the grounds that AA can't possible get a fair trial. Enough with that legal stuff already. If you know something, show the proof or else leave it out of the discussion.
 
Originally posted by vaderdarth@Jan 9 2006, 11:14 PM
If Ainsworth thought he had the right to use other peoples feeble attempts at copying his original works,  why didn't he just tell us all up front?????

Answer:  Because it's a stupid marketing move.......period... 



you hit the nail on the head. when gf sold his suit, the truth was a great marketing move. That makes me feel good if i buy it. Now on the other hand, lying isa good marketing move for SDS, this makes me not feel so good
 
If you know something, show the proof or else leave it out of the discussion.

Anyone have any proof that AA sculpted the Trooper armor?

Originally posted by vaderdarth@Jan 9 2006, 11:14 PM
You guys throw these "insider secrets" from the LFL Legal team into these discussions, which is both unreliable at this stage, and also illegal. If LFL is leaking this stuff to people like you............the case will get thrown out on the grounds that AA can't possible get a fair trial. Enough with that legal stuff already.
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And this whole quote above is based on what?

There are no insider secrets, and absolutely nothing illegal about anything I have posted, as it's all public domain information that ANYONE in the world can obtain... So take your crap and attempt to attack me with flat out lies, a lack of legal knowledge, and absolutely unsubstantiated claims of illegal activity and shove it.
 
For the most part, people are posting in this thread with civility and respect. :thumbsup

However, these kind of comments have to stop...

You guys throw these "insider secrets" from the LFL Legal team into these discussions, which is both unreliable at this stage, and also illegal.

vaderdarth,

What "insider secrets" are you referring to? Unless you have proof that Exoray (assuming you were talking about him) is privy to and has leaked privileged information, you need to stop with the accusations and apologize.

Lonnie
RPF Staff
 
keep in mind they are the ONLY ones who have brought us helmets casted directly from a screen used helmet, and the only ones to make screen accurate helmets
 
Lonnie, this legal speak has been going on for about the last 6 SDS/AA threads. Isn't it alot better to leave the legal talk to the legal experts? Lots of Anti AA folks have been dropping little hints along the way such as: "just wait till you see what comes out at the trial" and other silly comments to try to sway these arguements one way or the other. When you use that kind of language it "implies" that you know something you really don't. The unsuspecting folks around here might listen to that kind of garbage and make a decision one way or the other. It's not a fair way to approach it. That's what I'm referring to.

Dave
 
.... a lot of "what if's" in this thread which just fuels the specualtion. I think for anything resembling a definitive answer to Gytheran's question, requires an outcome from the pending court case.

....otherwise, it's the same thoughts/opinions/posts from the other numerous AA/SDS threads being repeated over and over and over....
 
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