SDS Vs LFL News article FYI

[DrStranglove]

Over at the OT this was posted this morning by DXM. If its a repost please either merge or nuke it. Since I really have no dog in this I am just putting it up as an FYI.


This was posted by Philip Wise on Rebel Scum. SDS lost the case.

<div class='quotetop'></div>

Press release from this morning.

October 11, 2006 06:30 AM Central Time
Lucasfilm Ltd. Wins Major Copyright Infringement Lawsuit Against Star Wars Stormtrooper Pirate
U.S. District Court Awards $20 Million for Illegal Creation and Sales of Unauthorized Star Wars Products

SAN FRANCISCO--(BUSINESS WIRE)--The U.S. District Court for the Central District of California has awarded Lucasfilm Ltd. $20 million in damages in a copyright infringement and unfair competition case against the British firm Shepperton Design Studios and its owner, Andrew Ainsworth.

The court found that Shepperton Design Studios had been marketing unlicensed copies of Stormtrooper helmets and costumes, and TIE fighter pilot helmets from the Star Wars films, as well as making misleading claims about the authenticity and origins of these items.

The Judgment, by U.S. District Judge R. Gary Klausner, awards damages to Lucasfilm Ltd. for copyright infringement, unfair competition and trademark infringement and permanently bars Shepperton Design Studios from copying, reproducing, importing, licensing, marketing or displaying any of its unauthorized Star Wars products in the United States. Lucasfilm is also pursuing legal action against Shepperton in the U.K., where the company is based, to ensure that the judgment is enforced there.

“Lucasfilm vigorously protects its intellectual property rights in Star Wars,” said Howard Roffman, President of Lucas Licensing. “Infringers like Shepperton need to understand that we will pursue them anywhere in the world to shut them down and seek restitution.”

Roffman noted that many Star Wars fans around the world produce replicas of Star Wars costumes for their own personal use and enjoyment, an activity to which Lucasfilm Ltd. has no objection. One such group, the “501st Legion” of Stormtroopers, is a global organization that has often worked with Lucasfilm and its partners. “We appreciate that Star Wars has sparked the imaginations of fans around the world,” he said. “We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them.”
[/b]

 

[arek]

So is the SDS website down or is it just my connection playing up? I can't even access a cached version through google

 

[StarWars Collector]

SDS website is down........

 

[ob1al]

<div class='quotetop'></div>

Roffman noted that many Star Wars fans around the world produce replicas of Star Wars costumes for their own personal use and enjoyment, an activity to which Lucasfilm Ltd. has no objection. One such group, the “501st Legion” of Stormtroopers, is a global organization that has often worked with Lucasfilm and its partners. “We appreciate that Star Wars has sparked the imaginations of fans around the world,” he said. “We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them.”[/b]

Interesting - I'm glad to hear that LFL continue to uphold the notion of approval for fan-costumers.

 

[Apollo]

Oh It's not over.

It's not over by a long shot.

AA has a Magical Mystery defense in the U.K. You'll see. :lol

 

[clonesix]

That is a US judgment?

How do they collect the $$? When does George get his $20 million?

 

[DrStranglove]

<div class='quotetop'>(clonesix @ Oct 11 2006, 11:35 AM) [snapback]1336044[/snapback]</div>

That is a US judgment?

How do they collect the $$? When does George get his $20 million?
[/b]

He who may not be named once posted a link to a .gov site that talked about a treaty between the US and GB where by with approval one court can gain access to funds in each others countries. He also posted a link to the same treaty at the oficial HMG site.

 

[darthgoat]

owned

 

[SithLord]

<div class='quotetop'>(DrStranglove @ Oct 11 2006, 11:56 AM) [snapback]1336056[/snapback]</div>

He who may not be named once posted a link to a .gov site that talked about a treaty between the US and GB where by with approval one court can gain access to funds in each others countries. He also posted a link to the same treaty at the oficial HMG site.
[/b]

No country has "access to funds" from another country. It's much more complicated than that. This is just a report of the default judgement, something we had already known and discussed here, so nothing has changed. It could still take months for LFL to go through the UK courts. LFL can't "automatically" collect the damages. I've been through the international law here ad nauseum...see the previous SDS threads. As for the website I have no idea why it's down.

 

[DrStranglove]

<div class='quotetop'>(SithLord @ Oct 11 2006, 12:09 PM) [snapback]1336063[/snapback]</div>

No country has "access to funds" from another country. It's much more complicated than that. This is just a report of the default judgement, something we had already known and discussed here, so nothing has changed. It could still take months for LFL to go through the UK courts. LFL can't "automatically" collect the damages. I've been through the international law here ad nauseum...see the previous SDS threads. As for the website I have no idea why it's down.
[/b]

How would you know? Are you an attorney specializing in international law?

 

[voice in the crowd]

Thanks for the info DrS

I seem to be able to access the site ok its just a wee bit slower than usual.

Edit - The website appears fine now possibly it was Lucas's wrath causing tremors in the force

Chris.

 

[SFPROPS]

<div class='quotetop'>(SithLord @ Oct 11 2006, 12:09 PM) [snapback]1336063[/snapback]</div>

No country has "access to funds" from another country. It's much more complicated than that.
[/b]

I think you are right. It's like extradition...you can't just "do it", you've got to go through the proper channels. Some countries do not have extradition treaties and as such there isn't a automatic process you can go through. Though, countries with treaties in place also have procedures and agreements in place that allow them to act fairly quickly (relateive to how fast the wheels of justice roll in the first place) and essentially take the word of the country in question that they have a compelling interest in pressing the issue. The same is the case with this type of copyright infringment.

Most countries will assume that the courts with jurisdiction that finds a violation of copyright will accept their findings without much question. AA's only hope is that they can TRY and convince someone that they've got some kind of magic, unassailable rabbit that they can pull out of their hat and make an exception to the way things normally work. I doubt he'll be able to pull such a thing off, and an attempt to do so will just slightly delay the inevitable - him being liable for millions of dollars in damages.

So - unless AA has a magic rabbit, LFL can go through the proper procedures and collect it's damages (though I know they'll never get 20 million out of him) in the UK in a relatively short amount of time...based on what I know, though I'm not a lawyer either.

 

[DrStranglove]

No prob, Chris.

 

[SithLord]

<div class='quotetop'>(DrStranglove @ Oct 11 2006, 12:13 PM) [snapback]1336067[/snapback]</div>

How would you know? Are you an attorney specializing in international law?
[/b]

As I said, I've posted the law here before on at least two occasions. You were active in those previous threads.

 

[DrStranglove]

<div class='quotetop'>(SithLord @ Oct 11 2006, 12:37 PM) [snapback]1336080[/snapback]</div>

As I said, I've posted the law here before on at least two occasions. You were active in those previous threads.
[/b]

Sith, your claiming to be an attorney?


It was explained to me by (he who shall not be named and IS an attorney and workes in international law) that the winner in the US Court presents the case to officials of the British Court. They review the case to see if it also follows British laws and the agreements set forth in the treaty. If they side with the US Court, the winner in the US Court can then file for seizure of funds, ect., in the same manner as if he had won in the British courts. If the review rejects the claim, then LFL would have to sue in the British court.

 

[Lord Abaddon]

<div class='quotetop'></div>

They review the case to see if it also follows British laws and the agreements set forth in the treaty. If they side with the US Court, the winner in the US Court can then file for seizure of funds, ect., in the same manner as if he had won in the British courts. If the review rejects the claim, then LFL would have to sue in the British court. [/b]

And so again there is an unknown factor. Does anyone definitively know if during the UK review if SDS's legal team can present evidence showing that the ruling does not follow British law?

If there is no possibility of that, then it's done. If there is, then there could be more coming.

 

[Glitch]

This must have been a tough decision.

:rolleyes


Seriously, what the hell was SDS thinking?

On a related topic, I'm thinking of rolling out a line of Star Wars toys. I don't think LFL or Hasbro will mind.




.

 

[SithLord]

<div class='quotetop'>(DrStranglove @ Oct 11 2006, 12:46 PM) [snapback]1336086[/snapback]</div>

<div class='quotetop'>(SithLord @ Oct 11 2006, 12:37 PM) [snapback]1336080[/snapback]

As I said, I've posted the law here before on at least two occasions. You were active in those previous threads.
[/b]

Sith, your claiming to be an attorney?


It was explained to me by (he who shall not be named and IS an attorney and workes in international law) that the winner in the US Court presents the case to officials of the British Court. They review the case to see if it also follows British laws and the agreements set forth in the treaty. If they side with the US Court, the winner in the US Court can then file for seizure of funds, ect., in the same manner as if he had won in the British courts. If the review rejects the claim, then LFL would have to sue in the British court.
[/b][/quote]



Yes...so nothing has changed. It doesn't take an attorney to see that. Why don't you actually read what I post instead of making assumptions about what I post.

 

[Lord Abaddon]

<div class='quotetop'>(Glitch @ Oct 11 2006, 11:56 AM) [snapback]1336094[/snapback]</div>

This must have been a tough decision.

:rolleyes


Seriously, what the hell was SDS thinking?

On a related topic, I'm thinking of rolling out a line of Star Wars toys. I don't think LFL or Hasbro will mind.

[/b]

Obviously he was thinking he was in his rights, so right he hired a top notch legal firm to protect him.

All I can say is that I really hope his people knew what they were doing by allowing the default otherwise this 50-ish year old guy, his wife, and their family business likely won't exist once this is all done.

 

[WebChief]

<div class='quotetop'>(darthgoat @ Oct 11 2006, 12:00 PM) [snapback]1336057[/snapback]</div>

owned
[/b]

I actually almost spit my lunch out after reading this. :lol :lol