Most Recent News on Certain Legal Issues

[IceTitan]

Anybody tried to buy a marauder on mwo today? Might be a bit more info if they have been pulled or are still for sale. Probably not to helpful but desperate for news is desperate for news lol

Haven't played in over a year but logged on a month ago and all the unseens where still where I left them picking dust. Even updated my tempst with MRM's light ppcs etc... But they still sold them the can't sell or use only kicks in if the agreement says to stop.

And like stated above its only once the judge signs that things officially are binded and begin.

 

[Clannerkiller]

So whats happened with this? I remember hearing about this thing months ago, whats been decided?

 

[IceTitan]

So whats happened with this? I remember hearing about this thing months ago, whats been decided?

Until judge signs it and makes it official, nothing has changed. And even once thats done could take a month or more to start feeling the effects depending on what the settlement is

Or could be as soon as a day just right now, there is no point to staying glued for news on it.

 

[MeiSooHaityu]

True. If both parties ask for it it can be part of or a condition of a settlement.

I think...THINK... that if there was an agreement of some sort (settlement or contract agreement), the filing wouldn't contain "with prejudice" in it. That particular terminology is what is making me think that the outcome is more beneficial to PGI. When that term is used, it implies that another lawsuit can not be brought against the defendant for the same claim. I would think that if it was an agreed upon settlement, that terminology would be different (without prejudice?) incase the agreement was broken, and it had to go back to court.

Mind you the below is from Wikipedia so keep that in mind when it comes to accuracy...

"Civil law[edit]
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action.[1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not." - Wikipedia: Prejudice

This is an assumption being made by me with limited legal knowledge and understanding. The usual...I am not a lawyer, this is not legal advice...applies here.

Maybe if it is an agreement, maybe that makes it a different case if it is refiled anyway...IDK.

Overall, again, I am being cautiously optimistic...but still cautious.

 

[Zakhodit]

True. If both parties ask for it it can be part of or a condition of a settlement.

The first document submitted by PGI asked that the case be dismissed with prejudice on the basis that HG had no claim to the copyrights and therefore could not prosecute those copyrights. HG scrambled to get documents from Japan in the attempt to prove they could prosecute the copyrights. HG ran out of time. They were going to have to produce something sooner than the documents from Japan would ever arrive (even if they arrived in their favor, which is questionable.)

The exact details of how this came to be will not be public but there is little reason to believe that PGI settled in such a way that HG comes out on top. PGI would have to remove several mechs from MWO. Mechs that a great deal of their playerbase paid cash for.

No way PGI makes such a deal from a position of strength. It is also highly unlikely that HG would allow a Dismissal with Prejudice if part of the deal was PGI would no longer use the unseen as that specific court ruling would mean there would be no way for HG to take them back to court if they didn't comply.

Therefore it is highly likely that PGI will continue to use the unseen.

 

[IceTitan]

I think...THINK... that if there was an agreement of some sort (settlement or contract agreement), the filing wouldn't contain "with prejudice" in it. That particular terminology is what is making me think that the outcome is more beneficial to PGI. When that term is used, it implies that another lawsuit can not be brought against the defendant for the same claim. I would think that if it was an agreed upon settlement, that terminology would be different (without prejudice?) incase the agreement was broken, and it had to go back to court.

Mind you the below is from Wikipedia so keep that in mind when it comes to accuracy...

"Civil law[edit]
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action.[1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not." - Wikipedia: Prejudice

This is an assumption being made by me with limited legal knowledge and understanding. The usual...I am not a lawyer, this is not legal advice...applies here.

Maybe if it is an agreement, maybe that makes it a different case if it is refiled anyway...IDK.

Overall, again, I am being cautiously optimistic...but still cautious.

Better and smarter to just take it neutraly and just relax and calmly wait for it. Because even if PGI won it means nothing since HG could still find otherways to put a tree trunk in the wheels.

Best to take a break and wait and not get too excited. Could still lead to disapointment.

 

[Max_Killjoy]

Either way no point in guessing and assuming. All can do now is see what PGI does because it will be clear if they had negative conditions. They could be allowed to let people use the unseens but could be forbidden from selling then etc etc.

So better to just wait and not jump the gun on anything.

I agree completely, see my other posts on the matter.

 

[Ozymandious]

Too late already excited lol

 

[IceTitan]

Too late already excited lol

Just keep in mind the lawsuit affects pgi only. They could still fire at HBS though with Paradox in the background it would be a very big risk for HG, if HBS uses the pgi unseens. The Robothingamabobs are desperate in regard to the licensing. So shots could still be fired indirectly just to make life annoying.

Also not sure if with prejudice can be appealed.

 

[dulahan]

Just keep in mind the lawsuit affects pgi only. They could still fire at HBS though with Paradox in the background it would be a very big risk for HG, if HBS uses the unseens. The Robothingamabobs are desperate in regard to the licensing. So shots could still be fired indirectly just to make life annoying.

Catalyst and their parent company are specifically addressed too. So no, not just PGI.

We definitely don't know if it allows for them to license the models like they would be/are to HBS either, not yet at least. If the agreement does allow licensing, then it's all good.

 

[PauloBrito]

Best case scenario - soon (Tm) HBS / PDX reveal Update x with the ex-Unseen.
Worst case scenario - HG launch a new salvo of troll legalese.
With plenty grades of variation between.

 

[RighteousFury]

Perhaps we'll here more from Robert D. Spendlove on this matter... would love to get his opinion.

 

[IceTitan]

Catalyst and their parent company are specifically addressed too. So no, not just PGI.

We definitely don't know if it allows for them to license the models like they would be/are to HBS either, not yet at least. If the agreement does allow licensing, then it's all good.

I meant in term of HBS, I don't consider CGL since their not directly involved their more like HBS side targets because of PGI's art since I'm assuming CGL used PGI art for the unseens.

 

[Zakhodit]

Just keep in mind the lawsuit affects pgi only. They could still fire at HBS though with Paradox in the background it would be a very big risk for HG, if HBS uses the pgi unseens. The Robothingamabobs are desperate in regard to the licensing. So shots could still be fired indirectly just to make life annoying.

Also not sure if with prejudice can be appealed.

No, HG cannot fire at HBS. That case was also dismissed with prejudice.

And you cannot appeal a dismissal with prejudice.

 

[IceTitan]

No, HG cannot fire at HBS. That case was also dismissed with prejudice.

And you cannot appeal a dismissal with prejudice.

HBS case did not involve the key unseens. The HBS case involved other mechs. So I think they can still fire at them though I could be wrong.

 

[dulahan]

I meant in term of HBS, I don't consider CGL since their not directly involved their more like HBS side targets because of PGI's art since I'm assuming CGL used PGI art for the unseens.

Part of the reason they're important in this case is that they had already defaulted, yet the settlement that led to this request for dismissal specifically includes them. That's not something that would happen if PGI didn't have the stronger hand, and definitely makes it more likely that PGI might still be able to license it.

Why is that important? Because they had different art and models, but this is dismissing against them too, again in spite of the defaulting. So two different instances of the art being dismissed, hopefully that means PGI also will be able to license and share assets like they have been with HBS.

 

[IceTitan]

Part of the reason they're important in this case is that they had already defaulted, yet the settlement that led to this request for dismissal specifically includes them. That's not something that would happen if PGI didn't have the stronger hand, and definitely makes it more likely that PGI might still be able to license it.

Why is that important? Because they had different art and models, but this is dismissing against them too, again in spite of the defaulting. So two different instances of the art being dismissed, hopefully that means PGI also will be able to license and share assets like they have been with HBS.

Hopefully because this stuff's been rediculous. One thing if big west and so on said no but I hope this is the case. While I still like the Macross/japanese side of it, it's gotten to the point where its tainted and destroyed my respect and love of the americanized version.

Hope this get buried once and for all and if the proper owners have issues, that its done like adults not like this.

 

[Rifter]

wow, i thought with three pages of new responses overnight this would be settled.

When in reality nothing has changed yet.

 

[dulahan]

wow, i thought with three pages of new responses overnight this would be settled.

When in reality nothing has changed yet.

Yeah, we won't know details until the Judge signs at the earliest. And then only if the settlement allows details to be said.

 

[IceTitan]

And in some cases will only know when the affected things are released officially in all their glorious destructive packages.