Amish Trooper
Master Member
That pic is getting some use lately
Lucasfilm to Strike Back March 7th - Lucasfilm vs Andrew Ainsworth
- Thread starter Supa troop
- Start date
No, AA cannot sell in the USA, only because he defaulted on the US court proceedings in order to move the case to the UK where he knew he could win. And he did. Simple. And LFL didn't "win" any right to pursue a case against AA. AA's lawyers chose to default knowing they could move the case to the UK. If you think the default was by accident and so LFL "won" that is pretty naive.
For all the big arguments you gave over the years about this case, the fact of the matter is that the Supreme court ruled in AA's favor. That is called "winning" a case.
And if you can think of a court higher than the UK Supreme court that LFL could take this further, please enlighten us.
Qui-Gonzalez
Master Member
Did you even READ the judgment, Thomas? The ruling was not in favor of Ainsworth. It simply said that the Troopers were utilitarian in nature, NOT sculptures. It also said that US copyright claims ARE "justiciable in English proceedings" and that "The Supreme Court concludes that, provided there is a basis for in personam jurisdiction over the defendant, an English court does have jurisdiction to try a claim for infringement of copyright of the kind involved in the present action".
That means he is going to have to pay for violating US copyright laws and being a citizen of the UK is not going to be the protection he thought it would via default. The sum LFL is after will likely NOT happen, but he will be coming out of his pockets.
"Ainsworth's attorney, Seamus Andrew, said that means the designer may have to pay damages to Lucasfilm for the U.S. sales, but they are likely to be minor because he did not sell much merchandise there. The judges said Ainsworth had sold between $8,000 and $30,000 worth of goods in the U.S.
Andrew said that on the broader issue, "our client won, without a doubt."
He said the Supreme Court had been asked: "Could our client continue to manufacture and sell replica helmets and suits of armor without any form of license from George Lucas? And he can.""
Andrew said that on the broader issue, "our client won, without a doubt."
He said the Supreme Court had been asked: "Could our client continue to manufacture and sell replica helmets and suits of armor without any form of license from George Lucas? And he can.""
Qui-Gonzalez
Master Member
I am going by the ruling. I am NOT going by Ainsworth's spin. If he sells in the States, which we know he does, he will get fiscally wounded.
Well, after any streetfight, both parties will vehemently maintain they were the winner...
We all know he cannot sell in the states. That was established a long time ago. The ruling is based on Ainsworth's lawyer's spin of Ainsworth's spin. :lol
From the Supreme Court judgement:
The problem for LFL is that AA made copies of the helmets from molds and the court sees that as being utilitarian. The whole spiel or lie about AA sculpting anything is moot. He has no rights to the helmets or armor (even though he falsely claimed as such...and, incredibly, still claims this in spite of clear evidence to the contrary), but he can sell them without license....ie: he wins. That was the point of the original case LFL brought against AA. The only reason he cannot sell in the US is on account of the default, but clearly he would have lost there anyway.
But it is an interesting question about what constitutes a sculpture. AA didn't make sculptures for the film, he made helmets and armor.
For a lawyer to claim his client won in face of the international legal community would look pretty daft if it were untrue.
Qui-Gonzalez
Master Member
So, how is it a win for AA? I see it as a loss for LFL, but definitely not a win for Ainsworth.
Simple. He doesn't need a license to sell his wares...therefore LFL cannot claim infringement.
Qui-Gonzalez
Master Member
Nor can he corner the market on his poor copies. The UK can see a Trooper boom now. Stormtroopers and Daleks for everyone!
Still does not make it a win when he will still be paying for his infringements here in the States.
Still does not make it a win when he will still be paying for his infringements here in the States.
He can, just not in the US.
That amount he owes will be small compared to what he's made in the past eight years.
I'm not saying it is necessarily a good thing, that is just how the courts decided.
LFL did win in one way:
Unfortunately that doesn't apply in this case.
Qui-Gonzalez
Master Member
There is going to be no more copyright on the Troopers in the UK. So...anyone in the UK can make them and sell them there. I must be missing how this is an Ainsworth win.
I have no dog in this fight, and really have no knowledge of these court proceedings before reading these thread posts, but the death star trench battle scenes in ANH are a rip off from 633 Squadron, and many scenes in TPM are rip offs from Dinotopia, so I guess GL isn't above a bit of intellectual thievery himself......just my humble opinion :unsure
carbonitekid
Well-Known Member
Qui-Gonzalez
Master Member
Not in my eyes. 
carbonitekid
Well-Known Member
Not in my eyes.
Yeah, I know. Not in mine either but.......
Oh the irony would be soooo sweet.
Kerr Avon
Master Member
I just can't help but finding it hilarious that people that have been violating Lucasfilm copyright for years making their own suits are now seeing a case decided for AA in the UK (no matter what spin you want to put on it) and are now so upset about the verdict of a guy who has been 'violating Lucasfilm' copyright winning that they are threatening to recast his stuff in some luny form of retaliation.
Crazy, crazy world.
:lol
Crazy, crazy world.
:lol
Qui-Gonzalez
Master Member
It's the tubes.
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