Most Recent News on Certain Legal Issues

[Horseman]

Is it possible to make dropping the suite against CGL a stipulation in the settlement?

Obviously PGI can't agree to something for CGL but they could bring them to the settlement table (in theory) and if HG agrees to it, settle to avoid the default judgement. I'm not saying they will or won't just that they could. Which is why I said "hopefully". Otherwise CGL is going to be paying out for never responding.

Let's be realistic: PGI has no reason to lift a finger on CGL's behalf in any way, shape or form. They're a business, not a charity, and will not make any concessions on their end to pull CGL's bacon out of the fire. CGL is on their own now, and insisting otherwise is nothing but wishful thinking entirely divorced from reality.

The problem I'm seeing here is that if PGI settles, we probably won't see useen in Battletech.

It depends entirely on the terms of the settlement.

Do we KNOW that's why HBS and HG ended their court battle?

We know nothing beyond the court filings. As far as those are concerned, there's no mention of a settlement agreement being made. If one existed it would have to be pointed out even if just with the phrasing "pursuant to settlement agreement (...)" (etc).

(http://www.sarna.net/news/harmony-gold-vs-battletech-an-actual-lawyer-weighs-in/)
There's some speculation in that article as to why this agreement between HG and HBS was made.

Speculation != facts.

I wonder if the settlement may include PGI purchasing the license from the not-named company. This would explain the monatery push on MWO brought up (funds needed and such) and would also get the not-named company out of everyone's hair permanently. Completely speculation and while I would not like the not-named to get any cash out of this, it would at least allow us to have the un-seen after so many years missing.

Questionable, since PGI has originally appproached HG about it years ago and was refused.

Is there a source you can link for this information?

It's on PacerMonitor, and my Google Drive has a copy of the document now.
The mods have not permitted me to link to the former and forbade me to linking the latter outside of PMs.

So, you say that the new Locust, Stinger, Wasp, Valkyrie, Phoenix Hawk, Shadow Hawk, Griffin, Wolverine, Rifleman, Crusader, Thunderbolt, Archer, Goliath, Battlemaster, Longbow, Marauder II look nothing like the originals and are ugly?

Most of the reseen bear little to no resemblance, yes.
The NuSeen are much better about it (too good, or this lawsuit would never involve CGL otherwise).

 

[Jamey]

Questionable, since PGI has originally appproached HG about it years ago and was refused.

A lot has changed since PGI approached HG years ago. HG has spent a lot of money on a lawsuit that has so far yielded no money for them (though the CGL lawsuit will provide money if CGL has any). Also, HG lost arbitration with Tatsunoko with an arbitration decision that clearly stated that they have far less rights to the anime characters than they have claimed over the years (as Big West owns the characters and therefore derivative works rights - HG can only validly claim direct copying of the characters). The other interesting wildcard is how this is impacted by the license agreement between FASA and TCI as well as the settlement agreement between FASA and HG (and whether that question can be relitigated given the existing settlement).

In short, we don't have any way of knowing what is going on between PGI and HG. The unknowns are just too large for an outside observer.

 

[Havamal]

Greetings Mechwarriors,

As some have mentioned, Please let's keep our posts in this thread to empirical data and points and limit speculation.

Yes, we are all of us understandably emotionally invested in this topic, but let's please keep in mind this thread is for news, Not editorial or guesswork.


Carry on,
Thank you.

 

[BunglingLummox]

We know nothing beyond the court filings. As far as those are concerned, there's no mention of a settlement agreement being made. If one existed it would have to be pointed out even if just with the phrasing "pursuant to settlement agreement (...)" (etc).

As a Rightpondian, I know next to nothing about American law - can someone confirm if this is correct? Do any settlements have to be mentioned when the case is pulled?

 

[Jamey]

As a Rightpondian, I know next to nothing about American law - can someone confirm if this is correct? Do any settlements have to be mentioned when the case is pulled?

I am not a lawyer, but my understanding is that for them to be enforced as the binding resolution of a lawsuit, they must be mentioned and filed (often under seal) with the court.

 

[Beanstalker]

Is there any indication of how long negotiating this settlement might take? It is my understanding that the court proceedings are "on pause" right now, but is there some sort of deadline by which HG and PGI have to make up their minds on whether or not to resume them?

 

[Dekker Lentz]

There is generally not a time frame to negotiate. But generally the broad details are usually agreed and most of the time is drafting the agreement and the back and forth on the language. Which can take a while depending on how complicated the parties want to make the agreement.

 

[BWL Alpha]

Thought I'd link this video from YouTuberLaw that was just loaded up: Robotech vs MechWarrior Online Update: Is This the End of the Lawsuit?

 

[FireStoat]

In my humble opinion, it comes down to if PGI walks away with the full rights to their in-house created models and art in which they can turn around and license their created works to other companies, as well as make derivative works from what they've created. If PGI settles for less than this, it sharply limits the value into their designs that they put money into being created and when HG on the surface clearly has no rights to what they're claiming, it would be foolish for PGI to accept this limit on their future company ventures.

I agree that both companies will settle to cut their losses from the legal fees and time investment. I'm not quite sold on the idea that PGI will quietly accept limits to their works or even worse, pay HG for the privilege to do so.

 

[RealCadaver]

Thought I'd link this video from YouTuberLaw that was just loaded up: Robotech vs MechWarrior Online Update: Is This the End of the Lawsuit?

Interesting take, sounds about right.

 

[SpaceViking]

Sometimes cases like these take on literal lives of their own. Take the case of SCO versus IBM from 2003. SCO never won a single ruling in the history of this case and, in fact, there was a dismissal with prejudice against them (which SHOULD simply end it) in 2016 yet it STILL DRAGS ON. SCO even went out of business in 2007 yet it STILL DRAGS ON! There are probably lawyers who have spent their whole careers working on this.

 

[Marc_Hicks]

I heard SidAlpha's take on the lawsuit, & if he is correct then it doesn't bode well for the Unseen showing up in BattleTech IMHO......which is a terrible shame .

 

[Camicon Dachass]

I heard SidAlpha's take on the lawsuit, & if he is correct then it doesn't bode well for the Unseen showing up in BattleTech IMHO......which is a terrible shame .

Maybe.

But HG's licensing agreement with Tatsunoko expires on March 14, 2021. So, whatever ownership HG asserts that agreement gives them won't matter. They won't be able to do anything at that point, and the Unseen designs will be able to be used freely without fear of litigious gits calling up their lawyers to strongarm developers into settlements.

And HBS and PGI will no doubt be making new BattleTech games at that point (or supporting their old ones), so as long as we're patient I'm sure we'll See the Unseen 'Mechs in the near future.

 

[ntw]

Thought I'd link this video from YouTuberLaw that was just loaded up: Robotech vs MechWarrior Online Update: Is This the End of the Lawsuit?

Can someone summarise please?

 

[BWL Alpha]

Can someone summarise please?

Apparently, HG and PGI have settled, requesting the court to dismiss without prejudice pending the final draft of what they agreed on. No one knows exactly what it entails yet and may never know if they seal the settlement as in the case with HG and HBS. Accordingly, HG will lose the license agreement they had with Tetsu in 2021. Which, if true, will open the flood gates for everything to be used (41 characters read: unseen) afterwards, I believe after obtaining licenses from the true owner of the copyright, Big West, I believe.

 

[Max_Killjoy]

Apparently, HG and PGI have settled, requesting the court to dismiss without prejudice pending the final draft of what they agreed on. No one knows exactly what it entails yet and may never know if they seal the settlement as in the case with HG and HBS. Accordingly, HG will lose the license agreement they had with Tetsu in 2021. Which, if true, will open the flood gates for everything to be used (41 characters read: unseen) afterwards, I believe after obtaining licenses from the true owner of the copyright, Big West, I believe.

To me, that would make it in HG's interest to get some kind of reasonable payment out of these settlements, and walk away, before they lose all standing to play copyright troll.

However, this is HG, and "reasonable", "rational", "law-abiding", and similar terms have never really applied to them.

 

[ntw]

Thought I'd link this video from YouTuberLaw that was just loaded up: Robotech vs MechWarrior Online Update: Is This the End of the Lawsuit?

Can someone summarise please?

Apparently, HG and PGI have settled, requesting the court to dismiss without prejudice pending the final draft of what they agreed on. No one knows exactly what it entails yet and may never know if they seal the settlement as in the case with HG and HBS. Accordingly, HG will lose the license agreement they had with Tetsu in 2021. Which, if true, will open the flood gates for everything to be used (41 characters read: unseen) afterwards, I believe after obtaining licenses from the true owner of the copyright, Big West, I believe.

Thank you

 

[theliel]

Apparently, HG and PGI have settled, requesting the court to dismiss without prejudice pending the final draft of what they agreed on. No one knows exactly what it entails yet and may never know if they seal the settlement as in the case with HG and HBS. Accordingly, HG will lose the license agreement they had with Tetsu in 2021. Which, if true, will open the flood gates for everything to be used (41 characters read: unseen) afterwards, I believe after obtaining licenses from the true owner of the copyright, Big West, I believe.

Slight correction, and it's a mistake sid alpha had made that YouTube law does not, only the motions were recalled without prejudice. This means "without judgement" - 'hey judge, we might be able to work things out, please don't rule on anything cir now'

You will never settle a lawsuit without part of the settlement being that the person who sues dismissing with prejudice. If you agreed to let them dismiss without prejudice then they could take whatever you gave them and start the lawsuit over.

 

[Eimaj]

Awesome. Now, when do we get Whammys and Marauders? They're no longer unseen, and they're classics.

 

[otharious]

So when i watched live stream and they said the marauder was out of the list at game release.

Any idea if its gonna make it back in?
Without this thread totally turning into talk about how the court stuff went, the HG and harebrained case was dismissed are we still waiting for the HG vs PGI case ? to come to and end?

I REAAAAALLLLLLLYYYYY want Marauders and warhammers :E