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NEWS: Square Enix Wins $600,000 from Unlicensed Sword Sellers

ikillchicken wrote:

I'm sorry but this whole thing leaves a bit of a bad taste in my mouth. Sure Square Enix is technically right here. However, when you consider that they don't make and don't seem to have any plans to make, any kind of comparable product themselves, it just seems like a bit of a needless money grab. If these guys were selling posters or figures or at the very least something vaguely within the realm of normal memorabilia that an average FF fan might buy then fine. Swords are just so out there though. Does some company producing replica swords based on games or whatever really create any kind of problem for the company that produces that game?

Think about it this way:

Say someone buys one of these Bootleg Swords and is seriously maimed by it. They or their representatives sue. Guess who they'll target first?

I hate to say it, but if you look at any lawsuit filed nowadays, they sometimes will try and include every single possible connection. Even if the connection is flimsy at best.

Also, thiers a backlash with girls and those Yaoi/Yuri paddles. Some cons have banned them due to people using them to hit people with. Imagine Square coming out with actual Keyblades. Can someone say "LAWSUIT?"

I think some people are a little confused as to what it means to have the copyright to something. Just because Square doesn't make replicas of its own doesn't mean that someone else making them and selling for profit is ok. A lot of it is about protecting the brand image. If cheap knock offs are being sold, customers might associate the poor quality with Square. Also, there is quite a bit of difference between these swords, and swords in general. There is no copyright on these because they are not distinctive enough, it's really too much of a stretch. Plus, any sort of patent on the run-of-the-mill katana would be long since passed consider how old sword making is. Bottom line is, if a company has a copyright or patent, they have every right to protect it. Just because some companies don't aggressively follow through doesn't mean that one that does should be called out for protecting its property.

heres a pic from FFVII:



lets look at a few items SE copied from other people:

the gun arm based on the Gatling gun US patent.
the tattoo copy of an existing tattoo artists work.(skull with flames coming from mouth existed long before FFVII)
the web belt military patent
all his clothes copy existing designs.
SE copied other peoples work and still hold a copy right which clearly states EVERYTHING within is their property

that image of your can only prove that character is SE's design. Orginally character. you can't make any toy for that character and sell it.

There is nothing on that character that SE can't legally copy. Just like Katana, anybody can make Katana and sell it or make an anime/movie have Katana in it because there is no copyright.

here are alot of works/things in this world that you can copy and there is no problem at all. Like Homer Iliad and Odyssey.

You can make Konami's RPG Suikoden by just copy thier story and use the same characters' names with different design. Konami can't do a thing about it.

But if just copy FFVII's story and same characters' names, you will have problem. That's the different.

But in all seriousness, wow, companies don't mess around with sales licenses. I just wish that money would be put to better use...like making some kind of new and amazing game that did not contain the word "Final" or "Fantasy"

I'm sorry but this whole thing leaves a bit of a bad taste in my mouth. Sure Square Enix is technically right here. However, when you consider that they don't make and don't seem to have any plans to make, any kind of comparable product themselves, it just seems like a bit of a needless money grab. If these guys were selling posters or figures or at the very least something vaguely within the realm of normal memorabilia that an average FF fan might buy then fine. Swords are just so out there though. Does some company producing replica swords based on games or whatever really create any kind of problem for the company that produces that game?

"We regret having sold unauthorized replica merchandise based on the Final Fantasy franchise to our customers. We would not have begun importing and selling these swords if we knew that Square Enix would respond so aggressively to stop us. We will never make this mistake again."

see thats where your argument falls apart because SE used the items in their products as part of their copy right suit which means any item in their(SE's) products must also be protected by copy right.

you mention the common katana and even though its a common item other anime's have also used them PRIOR to SE's use which means their(the other company's) copy right should also include any designs used within their anime or games and that would mean SE owes each of those copy right holders royalties for copying a recognizable item from someone else's work (a katana) because a katana is a very specific item as would be an AK47 or a F18....etc...

in effect a blanket copy right as its worded on any game and movies/anime...etc where the copy right holder states they own the rights to EVERYTHING within their product is Plagiarism because others have already used much of whats found within those copy righted products its one thing to say we own this game do not copy and sell this game. its a whole other thing to say we made a game and any item there in is our property when not every single item within the game is unquestionably they're design.

I think some people are a little confused as to what it means to have the copyright to something. Just because Square doesn't make replicas of its own doesn't mean that someone else making them and selling for profit is ok. A lot of it is about protecting the brand image. If cheap knock offs are being sold, customers might associate the poor quality with Square.

ikillchicken wrote:

I'm sorry but this whole thing leaves a bit of a bad taste in my mouth. Sure Square Enix is technically right here. However, when you consider that they don't make and don't seem to have any plans to make, any kind of comparable product themselves, it just seems like a bit of a needless money grab. If these guys were selling posters or figures or at the very least something vaguely within the realm of normal memorabilia that an average FF fan might buy then fine. Swords are just so out there though. Does some company producing replica swords based on games or whatever really create any kind of problem for the company that produces that game?

Let's look at the defendant's statement again, everyone: [snipped to keep this short]

According to this statement, they were importing swords. What they were sued for was for importing swords made somewhere else, and selling them without having a license to do so. If on top of that, these are also bootleg swords, then the companies that the swords were bought from could also be looking at legal trouble in the future.

LMAO!!!

you are aware they quite literally take everything in their games and movies as being their property that means EVERYTHING including those Katana used by sephiroth which is licensing something they not only don't have the right to (because they did not invent them) but also are not the first to use them which means they are infringing on another groups copy rights.

sure the sellers probably were stupid enough to actually sell those swords with references to cloud or FF effectively screwing themselves and the swords were most likely total garbage that should have been exactly why SE should have left it be because the product is not a real copy of their product. let me guess you'll support SE if they sue cosplayers who make their own cardboard swords because it looks like a buster sword?

a quick example is shoe wear I'll guarantee there are footwear designers who have previously designed boots and shoes which would be carbon copies of those used by SE as soon as SE tries to say everything in their games and movies is their property its a direct violation of those designers copy rights because I'll be damned if SE payed anyone royalties for footwear designs.

Unit 03.5-ish wrote:

I just wish that money would be put to better use...like making some kind of new and amazing game that did not contain the word "Final" or "Fantasy"

Hm, didn't they just do a worldwide simul-release of something called The Last Remnant?