Most Recent News on Certain Legal Issues
- Thread starter Sable Phoenix
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Of all the Unseen I am hoping make it back into BattleTech, it's the W*rh**mer I am most hoping for......as it was *literally* the first Mech I ever saw. I am sure most of you recall that this was the Mech that featured on the box art for BattleTech games back in the mid to late 80's!
Ahh, I did not know that.
I do find it funny that the core IP owners (Topps and Microsoft) were left out of this fight. Not surprised, given the income and legal strength of those corps, but still funny.
Who on HG's side could match those two? I don't think Sony could (which I don't think they'd even be interested)
Docket 119 has been uploaded. To my eyes it looks really brutal and really hurts HG.
https://drive.google.com/open?id=1XATXUrc46_b1ZrEVUWcRF6V7ekyIucAV
https://drive.google.com/open?id=1XATXUrc46_b1ZrEVUWcRF6V7ekyIucAV
Unfortunately it only takes the shot at HG (admittedly with a high to hit) but it is up to the judge to determine if it hits, and what damage it does.
I read through it. HG had better come up with legally notarized documents that are relevant to ALL of their claims of what they own, who gave it to them, and when it happened and have that documentation recognized by this US court of law, or the judge is going to have to perform some acrobatics to NOT have the summary judgement go through. Not a single word of what Tatsunoko had to say from his statement is even a shred of the correct documentation that the court will recognize. PGI called HG out on their bullcrap pretty well.
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Not surprising that PGI's motion would be pretty damning, we will just have to see if the judge agrees. I think it's very likely that the 'unseen' will become the 'seen' but the question is how long it will take. I'm somewhat unsure if a judge will agree to a motion to dismiss (with prejudice) for lack of standing on an issue that already had a settlement in their favor (though we don't know the details of that settlement, considering the subsequent 'unseen' debacle it can't have been good). My gut tells me that the judge will be willing to let HG get their ducks in a row. But while I studied some law in college I'm DEFINITELY no lawyer, this is a purely layman opinion.
Hopefully something along the lines of
LA Destroyed
M Laser Destroyed
LT Destroyed
PPC Destroyed
Heat Sink Destroyed
Pilot Injury
CT Destroyed
Pilot Lethal Injury
And in the words of Hunter from MC1, "Spare parts for everyone!!".
Iirc the big west vs tatsunoko wasn't settledin Japan until 2003, half a decade after FASA settled with hg.
It's entirely reasonable for the judge to say that the ruling from Japan does not supersede the settlement, but thatthe settlement only covers items hg can prove to own. A quick claim sort of finding.
But we'll know soon enough what the judge thinks.
I'm no lawyer, but I have to agree. I sincerely hope this case and HG get thrown out on their greedy, bullying arses, with prejudice. If I had my way they'd be paying damages to every defendant they ever sued for copyrights they don't even own until they go bankrupt, so they're lucky I'm not the judge.
Oh absolutely. And I completely think that PGI will ultimately win. My gut feeling might completely based on fear. I'm just bored waiting for the game to download.
Just finished reading it. They are asking for summary judment with prejudice, if granted it would preclude HG from re-filing (as I understand it). Oh, and they do shred HGs arguments pretty thoroughly.
Summary Judgment is always with prejudice. It's a ruling on the merits as a matter of law.
HG isn't going to be able to document everything they would need to in order to prove their position. If they could, they would have led with that.
It may be a while, but the light at the end of the tunnel is definitely getting brighter.
It may be a while, but the light at the end of the tunnel is definitely getting brighter.
The line about BW having *not* given HG Copyright is probably the thing that will hurt them the most in their suit against PGI.....if I am understanding the judgement correctly.
I haven't seen the judgement, the doc upthread is the redacted pgi motion
Especially since (according to the first motion PGI submitted last year) BW has registered the disputed items with the US copyright office already. That stands pretty strong against any claims that HG could make that they have any rights to those items.
HG's contention is that they have an exclusive rights outside of Japan. They never contest that big west owns the copyrights, but say that the agreement with T- chan gives them international rights.
It's not a great case based on arbitration results, and why they're going to need those records of assignment from the Japanese partner - hence the request for the court rp issuethe requestthat could take ayear.
PGI's stance is that HG had 15 years to sort this out, and that they're stalling.