Bradleyfett
Sr Member
Robert The Automaton?
-Mark
-Mark
Robby the Robot...I'm confused
- Thread starter Luuke
- Start date
Bug Stomper
Well-Known Member
HouseAtreides
Well-Known Member
I can understand the concerns hre about getting legal attneion and if they got a cease and dsist and who knows what other threats, they hav to protect the whole site, you know?
Now, as for Robb-E... I think we could build that all day long! Too kewl!
Who has plans??
Now, as for Robb-E... I think we could build that all day long! Too kewl!
Who has plans??
Sorry that I haven’t been around lately but I'm recovering from extensive surgery and have been just too tired to respond.
Sorry to hear about the board’s problems with Fred Barton and his "Robby" issues.
As a matter of curiosity I've checked with my lawyers — who are all members of the US Justice Department (I spent most of my adult life working for Uncle Sam) — and they say that he hasn't a "leg to stand on" as his complaint is civil NOT criminal and that the burden of proof is legally on him to prove that discussions on how to build "Robby" detracts from his business. As the respondent you don't even have to answer him unless subpoenaed by the court, NOT his lawyers.
It works like this:
The current holders of the copyright, trademark and registration on “Robby the Robot” is Warner Bros. THEY issue the licenses for various purposes. Fred Barton is only licensed to build and sell replica “Robby the Robot”s of which a portion of the price goes to Warner Bros. — and this is separate from the licensing fee.
Individuals may make their own “Robby the Robot” and may also sell it as long as it is not done on a repeat basis. If they wish to do so on a repeat basis then they must also obtain a license from Warner Bros.
What Mr. Barton would then do is complain to Warner Bros. about “undue and unfair competition”. It is up to the law firm or lawyers or legal department (and, yes, they would have all three of these) to send a “Cease and Desist” REQUEST letter. A “C&D” ORDER is only given by a judge.
Mr. Barton would then is take the “C&D Request” letter that was sent, along with any replies, and to his lawyer IF THERE WAS A “POTENTIAL” VIOLATION and then try to force the violators into court. In most cases it is thrown out and then the matter reverts to Warner Bros. for disposition.
Considering that in his own actions he THINKS that he ‘owns’ “Robby the Robot”, he seems to be thinking that he can either get a job on the remake/re-imaginging/reboot/(etc) of Forbidden Planet, or that they will use his version of “Robby the Robot” (which is NOT as accurate as he claims) or that he will be given screen credit.
Dream on. He is not a member of IATSE Locall 44 (I’ve checked their membership list and also personaly know of the requirements as when I worked for Fox from 1964 to 1971 I was a member) and has no way into the studio.
What appears to be the case is that in these hard economic times he isn’t making the money he feels that he deserves. He’s just trying to survive like the rest of us but instead of finding a viable solution he is acting like a spoiled brat and screaming “mine, Mine, MINE!” and then acting like a bully to try and get his way.
So unless the “C&D” is from a court with a judge’s signiature THAT CAN BE VERIFIED by contacting the court. And if you do, go through the lengthy process of finding the court clerks office yourself and not relying upon any number on the paper sent to you. Often in these matters the papers themselves are generated by the plaintee (mr. barton or his lawyer) and while the phone number may be valid it is almost always that of the office of the judge not the court clerks office. THAT is where one goes to verify any legal paperwork. Oh yes; make certain that there is a process number on the papers.
This type of thing has happened before when Richard Arnold sent out “C&D”s telling people that even new thoughts about Star Trek were copyrighted by Paramount. This went along only until they were challenged in court and the court order Paramount to “C&D”!
I hope this little diatribe helps.
Sorry to hear about the board’s problems with Fred Barton and his "Robby" issues.
As a matter of curiosity I've checked with my lawyers — who are all members of the US Justice Department (I spent most of my adult life working for Uncle Sam) — and they say that he hasn't a "leg to stand on" as his complaint is civil NOT criminal and that the burden of proof is legally on him to prove that discussions on how to build "Robby" detracts from his business. As the respondent you don't even have to answer him unless subpoenaed by the court, NOT his lawyers.
It works like this:
The current holders of the copyright, trademark and registration on “Robby the Robot” is Warner Bros. THEY issue the licenses for various purposes. Fred Barton is only licensed to build and sell replica “Robby the Robot”s of which a portion of the price goes to Warner Bros. — and this is separate from the licensing fee.
Individuals may make their own “Robby the Robot” and may also sell it as long as it is not done on a repeat basis. If they wish to do so on a repeat basis then they must also obtain a license from Warner Bros.
What Mr. Barton would then do is complain to Warner Bros. about “undue and unfair competition”. It is up to the law firm or lawyers or legal department (and, yes, they would have all three of these) to send a “Cease and Desist” REQUEST letter. A “C&D” ORDER is only given by a judge.
Mr. Barton would then is take the “C&D Request” letter that was sent, along with any replies, and to his lawyer IF THERE WAS A “POTENTIAL” VIOLATION and then try to force the violators into court. In most cases it is thrown out and then the matter reverts to Warner Bros. for disposition.
Considering that in his own actions he THINKS that he ‘owns’ “Robby the Robot”, he seems to be thinking that he can either get a job on the remake/re-imaginging/reboot/(etc) of Forbidden Planet, or that they will use his version of “Robby the Robot” (which is NOT as accurate as he claims) or that he will be given screen credit.
Dream on. He is not a member of IATSE Locall 44 (I’ve checked their membership list and also personaly know of the requirements as when I worked for Fox from 1964 to 1971 I was a member) and has no way into the studio.
What appears to be the case is that in these hard economic times he isn’t making the money he feels that he deserves. He’s just trying to survive like the rest of us but instead of finding a viable solution he is acting like a spoiled brat and screaming “mine, Mine, MINE!” and then acting like a bully to try and get his way.
So unless the “C&D” is from a court with a judge’s signiature THAT CAN BE VERIFIED by contacting the court. And if you do, go through the lengthy process of finding the court clerks office yourself and not relying upon any number on the paper sent to you. Often in these matters the papers themselves are generated by the plaintee (mr. barton or his lawyer) and while the phone number may be valid it is almost always that of the office of the judge not the court clerks office. THAT is where one goes to verify any legal paperwork. Oh yes; make certain that there is a process number on the papers.
This type of thing has happened before when Richard Arnold sent out “C&D”s telling people that even new thoughts about Star Trek were copyrighted by Paramount. This went along only until they were challenged in court and the court order Paramount to “C&D”!
I hope this little diatribe helps.
jedimaster
Sr Member
Cool...... Robby the robot.... Robby the robot.... Robby the robot.... Ah .... That felt good!
Anyone wanna build a Robby the robot?
Anyone wanna build a Robby the robot?
Commander Max
Sr Member
Why not, I've got 3 different sizes of Robby models and a 3d scanner.
Oops, that runs over some legal toes. :lol*
Thanks RD, most people would never do their homework on this subject.
The way people in the hobby try to play legal games. But have little clue as to how the system really works is laughable. I can't tell you guys how many times I've heard, "I'll SUE!!!". But even sending a legal C&D takes money. Something most guys in this hobby don't have much of. Which makes little sense to make such threats, if a situation gets to a lawsuit what are you going to win?
I figure the hardest part of Robby is the dome. It's big and deep, there are guys around here that can make them. They would be pricey.
But I have heard rumors that if someone really wanted a Robby the parts are out there. That's all I know, but that is the case with a lot of the stuff in this hobby.
*This is a joke, not to be taken seriously. Or misconstrued as an action to do anything to take money away from anybody. Because I couldn't afford to buy a prop in the 5 figures. Which makes anybody an idiot who thinks guys talking about a prop on a message board, somehow translates to a loss of funds. Since less than 10% of the board membership are capable of making the prop. Even if they do it, the odds of the prop getting finished are next to nil.
robn1
Master Member
I may just change my name to Robby The Robot, that's what they called me as a kid. Nothing Barton can do about it :sleep
Commander Max
Sr Member
No kidding, there was some neat stuff on that thread. I'd love to build one myself, but Fred has nothing to fear from me.
Since I'm up to neck in Enterprises.
Robot
Active Member
I have talked to FB thru emails a while back regarding this issue, and this is the attachment from TW:
AOL TimeWarner, and Fred Barton Productions, Inc. (Hereinafter referred to as “AOLTW/FBPI”) acknowledge the fans’ interest, and enthusiasm, for the most famous robot in entertainment history: “Robby, the Robot”® (Hereinafter referred to as “ROBBY®”), and their desire to obtain a replica of “ROBBY®”. Fred Barton Productions, Inc. is the exclusive source of “ROBBY®” replicas. If you choose to scratch-build a replica of “ROBBY®”, and display it in your home, for your personal enjoyment; please be aware of the following restrictions:
1. The manufacture, or transfer of: unauthorized reproductions of “ROBBY®”, or derivative works pertaining to “ROBBY®” is EXPRESSLY PROHIBITED
2. The manufacture, or transfer of: unauthorized component parts of “ROBBY®”, or derivative works pertaining to component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
3. The exhibition of: unauthorized reproductions of “ROBBY®”, derivative works pertaining to “ROBBY®”, the component parts of “ROBBY®”, or derivative works pertaining to the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
4. The creation, or transfer in any form of any materials depicting: “ROBBY®”, derivative works pertaining to “ROBBY®”, the component parts of “ROBBY®”, or derivative works pertaining to the component parts of “ROBBY®”; for the purpose of promoting the production of unauthorized replicas of “ROBBY®” or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
“ROBBY®” is the EXCLUSIVE PROPERTY of Time Warner; and the distribution, exhibition, manufacture, marketing, production, reproduction, and sale of “ROBBY®” replicas, and the component parts of “ROBBY®” are the exclusive province of Fred Barton Productions, Inc. as granted by AOL TimeWarner. Any unauthorized activity involving “ROBBY®”, by any party can only be construed as a conscious, deliberate, and malicious attempt to infringe, and interfere with the exclusive property of “AOLTW/FBPI”, and is a violation of Federal Copyright, and Trademark Law, and is EXPRESSLY PROHIBITED.
Regardless of the deluded, prevailing misconceptions regarding “fair use”; no such activity by a third party can be construed, is allowed, or will be tolerated pertaining to “ROBBY®” as governed under §107-§114 of U.S. Title 17, the Berne Convention (PARIS Act, July 24, 1971), and the WIPO Copyright Treaty (GENEVA, December 20, 1996). These rights will be jealously defended by “AOLTW/FBPI”.
This implicitly precludes the formation of an unauthorized association, bulletin board, BBS, chat room, club, convention, expo, forum, group, magazine, mailing list, message board, newsgroup, news letter, organization, party, or web-site (Hereinafter referred to as “FANCLUB”) with the intention of distributing, or disseminating information about “ROBBY®” that could in any way, or through any course of action infringe on, interfere with, or undermine the EXCLUSIVE RIGHTS of “AOLTW/FBPI” pertaining to “ROBBY®”.
The formation of a “How To Build Your Own Robby, the Robot®” “FANCLUB” is EXPRESSLY PROHIBITED. The following restrictions also apply:
1. “ROBBY®” is a TRADEMARK of Time/Warner, and the use of “ROBBY®” as, or incorporated in an identifying mark for the “FANCLUB is EXPRESSLY PROHIBITED.
· e.g. a “FANCLUB” titled “the Robot Club”, or “Hollywood Robots” which discusses “ROBBY®” would be acceptable; where “How to Build “ROBBY, THE ROBOT®””, or “the ““ROBBY®” Club” is EXPRESSLY PROHIBITED.
· The use of any form of image depicting “ROBBY®”, or derivative works depicting “ROBBY®” to identify the “FANCLUB” as a logo is EXPRESSLY PROHIBITED.
2. The use of such a “FANCLUB” to exhibit, reproduce, or transfer any copyrighted materials pertaining to “ROBBY®”, or which are the property of “AOLTW/FBPI” is EXPRESSLY PROHIBITED.
3. The use of such a “FANCLUB” to exhibit, reproduce, or transfer any unauthorized, or unlicensed “ROBBY®” merchandise is EXPRESSLY PROHIBITED.
Should you choose to scratch-build a replica of “ROBBY®” please be aware of the following:
1. The commission of a third party to fabricate the component parts of “ROBBY®” is EXPRESSLY PROHIBITED
2. The commission of a third party to fabricate a complete “ROBBY®” replica is EXPRESSLY PROHIBITED.
3. The creation, or transfer in any form of any materials depicting: “ROBBY®”, derivative works depicting “ROBBY®”, the component parts of “ROBBY®”, or derivative works depicting the component parts of “ROBBY®”; for the purpose of promoting the reproduction of unauthorized replicas of “ROBBY®” or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
4. The public display of “ROBBY®” replicas, or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
Many Fans wish to own an exact replica of “ROBBY®”, and they are exclusively available from Fred Barton Productions, Inc.. You may construct a replica of “ROBBY®” for yourself if you wish, but remember that “ROBBY®” is the EXCLUSIVE PROPERTY of AOL TimeWarner, and not yours to abuse, devalue, dilute, or profit from under any circumstance. To do so would be a conscious, and malicious effort to infringe on, and interfere with the marketing of “ROBBY®” by “AOLTW/FBPI”, and would constitute a blatant violation of federal law.
AOL TimeWarner, and Fred Barton Productions, Inc. (Hereinafter referred to as “AOLTW/FBPI”) acknowledge the fans’ interest, and enthusiasm, for the most famous robot in entertainment history: “Robby, the Robot”® (Hereinafter referred to as “ROBBY®”), and their desire to obtain a replica of “ROBBY®”. Fred Barton Productions, Inc. is the exclusive source of “ROBBY®” replicas. If you choose to scratch-build a replica of “ROBBY®”, and display it in your home, for your personal enjoyment; please be aware of the following restrictions:
1. The manufacture, or transfer of: unauthorized reproductions of “ROBBY®”, or derivative works pertaining to “ROBBY®” is EXPRESSLY PROHIBITED
2. The manufacture, or transfer of: unauthorized component parts of “ROBBY®”, or derivative works pertaining to component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
3. The exhibition of: unauthorized reproductions of “ROBBY®”, derivative works pertaining to “ROBBY®”, the component parts of “ROBBY®”, or derivative works pertaining to the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
4. The creation, or transfer in any form of any materials depicting: “ROBBY®”, derivative works pertaining to “ROBBY®”, the component parts of “ROBBY®”, or derivative works pertaining to the component parts of “ROBBY®”; for the purpose of promoting the production of unauthorized replicas of “ROBBY®” or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
“ROBBY®” is the EXCLUSIVE PROPERTY of Time Warner; and the distribution, exhibition, manufacture, marketing, production, reproduction, and sale of “ROBBY®” replicas, and the component parts of “ROBBY®” are the exclusive province of Fred Barton Productions, Inc. as granted by AOL TimeWarner. Any unauthorized activity involving “ROBBY®”, by any party can only be construed as a conscious, deliberate, and malicious attempt to infringe, and interfere with the exclusive property of “AOLTW/FBPI”, and is a violation of Federal Copyright, and Trademark Law, and is EXPRESSLY PROHIBITED.
Regardless of the deluded, prevailing misconceptions regarding “fair use”; no such activity by a third party can be construed, is allowed, or will be tolerated pertaining to “ROBBY®” as governed under §107-§114 of U.S. Title 17, the Berne Convention (PARIS Act, July 24, 1971), and the WIPO Copyright Treaty (GENEVA, December 20, 1996). These rights will be jealously defended by “AOLTW/FBPI”.
This implicitly precludes the formation of an unauthorized association, bulletin board, BBS, chat room, club, convention, expo, forum, group, magazine, mailing list, message board, newsgroup, news letter, organization, party, or web-site (Hereinafter referred to as “FANCLUB”) with the intention of distributing, or disseminating information about “ROBBY®” that could in any way, or through any course of action infringe on, interfere with, or undermine the EXCLUSIVE RIGHTS of “AOLTW/FBPI” pertaining to “ROBBY®”.
The formation of a “How To Build Your Own Robby, the Robot®” “FANCLUB” is EXPRESSLY PROHIBITED. The following restrictions also apply:
1. “ROBBY®” is a TRADEMARK of Time/Warner, and the use of “ROBBY®” as, or incorporated in an identifying mark for the “FANCLUB is EXPRESSLY PROHIBITED.
· e.g. a “FANCLUB” titled “the Robot Club”, or “Hollywood Robots” which discusses “ROBBY®” would be acceptable; where “How to Build “ROBBY, THE ROBOT®””, or “the ““ROBBY®” Club” is EXPRESSLY PROHIBITED.
· The use of any form of image depicting “ROBBY®”, or derivative works depicting “ROBBY®” to identify the “FANCLUB” as a logo is EXPRESSLY PROHIBITED.
2. The use of such a “FANCLUB” to exhibit, reproduce, or transfer any copyrighted materials pertaining to “ROBBY®”, or which are the property of “AOLTW/FBPI” is EXPRESSLY PROHIBITED.
3. The use of such a “FANCLUB” to exhibit, reproduce, or transfer any unauthorized, or unlicensed “ROBBY®” merchandise is EXPRESSLY PROHIBITED.
Should you choose to scratch-build a replica of “ROBBY®” please be aware of the following:
1. The commission of a third party to fabricate the component parts of “ROBBY®” is EXPRESSLY PROHIBITED
2. The commission of a third party to fabricate a complete “ROBBY®” replica is EXPRESSLY PROHIBITED.
3. The creation, or transfer in any form of any materials depicting: “ROBBY®”, derivative works depicting “ROBBY®”, the component parts of “ROBBY®”, or derivative works depicting the component parts of “ROBBY®”; for the purpose of promoting the reproduction of unauthorized replicas of “ROBBY®” or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
4. The public display of “ROBBY®” replicas, or the component parts of “ROBBY®” is EXPRESSLY PROHIBITED.
Many Fans wish to own an exact replica of “ROBBY®”, and they are exclusively available from Fred Barton Productions, Inc.. You may construct a replica of “ROBBY®” for yourself if you wish, but remember that “ROBBY®” is the EXCLUSIVE PROPERTY of AOL TimeWarner, and not yours to abuse, devalue, dilute, or profit from under any circumstance. To do so would be a conscious, and malicious effort to infringe on, and interfere with the marketing of “ROBBY®” by “AOLTW/FBPI”, and would constitute a blatant violation of federal law.
Roger Ramjet
Sr Member
My God I feel like a 30 pound bolder has been lifted from my shoulders.... Then replaced with a 60 pounder....
jedimaster
Sr Member
Well according to that CRAP.... I can't even have an Internet club called "the Robby Club".
How truly Pathetic . AOLTW/FBPI can BITE ME!!! Muzza I'll bring the ref pix of the one I found at Universal for ya. Don't forget to start a build thread and if ya need any third party pieces making up give me a shout.lol
How truly Pathetic . AOLTW/FBPI can BITE ME!!! Muzza I'll bring the ref pix of the one I found at Universal for ya. Don't forget to start a build thread and if ya need any third party pieces making up give me a shout.
lol
