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


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rizuchan



Joined: 11 Mar 2007
Posts: 974
Location: Kansas
PostPosted: Wed Feb 25, 2009 8:34 pm Reply with quote
Well, that's how it goes.

That's really about all there is to say. There are plenty of unlicensed Square-based swords floating around all over the place and I don't think this will exactly put a dent in the market. Also, I'm admittedly more of a Square-enix fangirl than I like to admit, and argue that, in terms of merchandise on the games, they give more bang for your buck than any other overly merchandised franchise, But I don't think they can say, accurately,
Quote:
"We appreciate the efforts of our fans in identifying those who seek to sell them cheap replicas that undermine our efforts to bring only top quality goods and content to our customers."

When they don't even make life size replicas of the swords themselves! Believe me, I'd trade in my cheaply made in Pakistan Gunblade (It was a gift, I swear) for a licensed Square-Enix one any day.

dragoneyes001 wrote:
this suite is a disgrace hope some Japanese blacksmith sues square because they portrayed katanas(which far predate the games) in their FF series and contractors or architects who's designs are similar to any buildings in the FF series also sue them for copy right infringement and lets not forget clothing designers who's clothing lines are similar to the FF series but predate the games. bet you SE would crap themselves if people really picked their infringements apart as carefully as they seem to like doing so of others.

the line about selling top quality products to their fans is ludicrous since square enix does not sell real swords made of top quality steel they sell cheap knock offs themselves.

Wait, so you must be a Square-Enix fan, seeing as you're familiar with the quality of merchandise, but you don't support them? Then again, never mind, this is an Anime board I'm posting on.
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bglassbrook



Joined: 29 Aug 2006
Posts: 1243
Location: Gaithersburg, MD
PostPosted: Wed Feb 25, 2009 9:17 pm Reply with quote
Zerreth wrote:
I also find it funny that instead of the "we regret selling unauthorized swords" it was more of "we regret getting caught knowingly importing and selling unauthorized swords."

At least leave with some dignity Anime hyper.

To me it sounded even worse than "because we got caught" but because then Squeenix turned around and *gasp* made them PAY! Though ONLY 600k out of four sellers? Either sales were low or that's all the blood that could be squeezed.
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Unit 03.5-ish



Joined: 07 Dec 2008
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PostPosted: Wed Feb 25, 2009 9:28 pm Reply with quote
I just want to know if the lawyers representing Squeenix were incredibly angsty and wore "trendy" clothes with zippers and belt buckles and had hair that depleted about 40 cans of styling gel.



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"
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kokuryu



Joined: 07 Apr 2007
Posts: 915
PostPosted: Wed Feb 25, 2009 9:29 pm Reply with quote
As a direct result of this lawsuit, just about every seller of swords has dropped anything "asian" or "samauri" or "ninja" or "anime" related from what they are selling, since they live on a thin margin and cannot afford lawsuits. What this has done is ensure that only European style and original design fantasy swords will be the only ones sold worldwide from now on. Congrats.
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ikillchicken



Joined: 12 Feb 2007
Posts: 7272
Location: Vancouver
PostPosted: Wed Feb 25, 2009 9:38 pm Reply with quote
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?
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jr240483



Joined: 24 Dec 2005
Posts: 4375
Location: New York City,New York,USA
PostPosted: Wed Feb 25, 2009 9:41 pm Reply with quote
now if only the anime industry in US and Japan would do these measures to those fansubs groups and illegal streaming sites and to the video websites that host them from the beginning,then maybe they wouldn't have lost so much money in this bad economy and Geneon Ent wouldn't have gone belly hop
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Unit 03.5-ish



Joined: 07 Dec 2008
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PostPosted: Wed Feb 25, 2009 9:43 pm Reply with quote
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?


Eh, well, remember the Extra Knights FF7 toys? Yeah, I don't recall them going after the people who made those, unless I missed something (I had them, and did not know they were unlicensed goods...ah, the joys of childhood innocence). And since swords are pretty much for the super-geeky collector set, would it even make a noticeable financial DENT in their operations? Hell, it wouldn't even make a ding. If you deal mostly in collectible merchandise (like, say, Hasbro with GI Joe and Transformers) it makes sense to go after bootleg or counterfeit or illegitimately sold toys. But was this worth even bothering over for a very rich company?

EDIT:

jr0904 wrote:
now if only the anime industry in US and Japan would do these measures to those fansubs groups and illegal streaming sites and to the video websites that host them from the beginning,then maybe they wouldn't have lost so much money in this bad economy and Geneon Ent wouldn't have gone belly hop


Well, it's a nice sentiment, but anime companies are generally not multibillion dollar super-corporations.
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britannicamoore



Joined: 05 Dec 2005
Posts: 2618
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PostPosted: Wed Feb 25, 2009 9:46 pm Reply with quote
ikillchicken wrote:
Does some company producing replica swords based on games or whatever really create any kind of problem for the company that produces that game?



Simple: Square doesn't get all the money they could get. They are right to sue, someone was using their name without permission. But at the same time are there any plans to actually make any swords for fans of the game? By the time they bought the license they'd probably be in debt.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Wed Feb 25, 2009 9:49 pm Reply with quote
I can understand and would be firmly with Square on this if they were making prop swords.. but they aren't With the rationale used here, you might as well clamp down on cospalying altogether. Technically every single cosplayer can be sued.
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Unit 03.5-ish



Joined: 07 Dec 2008
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PostPosted: Wed Feb 25, 2009 9:53 pm Reply with quote
configspace wrote:
I can understand and would be firmly with Square on this if they were making prop swords.. but they aren't With the rationale used here, you might as well clamp down on cospalying altogether. Technically every single cosplayer can be sued.


Why don't we go after the fanfic writers and fan artists, too? The big difference is, though, fanfic writers/fan artists/cosplayers are not selling anything for profit, even if they're technically violating copyrights. Some of the money from these swords does go back to Squeenix, but that's the ONLY reason it's even semi-defensible on their part.

EDIT: Rewording for clarity
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dragoneyes001



Joined: 07 Feb 2009
Posts: 873
PostPosted: Wed Feb 25, 2009 10:04 pm Reply with quote
Emerje wrote:
dragoneyes001 wrote:
this suite is a disgrace hope some Japanese blacksmith sues square because they portrayed katanas(which far predate the games) in their FF series and contractors or architects who's designs are similar to any buildings in the FF series also sue them for copy right infringement and lets not forget clothing designers who's clothing lines are similar to the FF series but predate the games. bet you SE would crap themselves if people really picked their infringements apart as carefully as they seem to like doing so of others.


Wow are you off base. Rolling Eyes There's a huge difference between producing something with a similar design ("a katana") and selling something as a licensed replica ("a Buster Sword"). These people lost because they were selling unlicensed products, not because they were selling cleverly veiled and slightly similar looking items like a "Busting Blade". They knew what they were doing and clearly only regret getting caught so why defend them? I've seen these swords in person, they're garbage, they aren't even well made.

Emerje


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?

the problem with the suite is simple its not the swords they should have sued about but the sales method referring to SE's games and movies because by making it the items then SE will have to be responsible for any item they use in any of their games and movies which resembles someone else's work. I really do hope they get burned by someone who has a patent on something they happen to have tossed into one of their games without a care about copy rights.

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.
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configspace



Joined: 16 Aug 2008
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PostPosted: Wed Feb 25, 2009 10:06 pm Reply with quote
Unit 03.5-ish wrote:
configspace wrote:
I can understand and would be firmly with Square on this if they were making prop swords.. but they aren't With the rationale used here, you might as well clamp down on cospalying altogether. Technically every single cosplayer can be sued.


Why don't we go after the fanfic writers and fan artists, too? The big difference is, though, fanfic writers/fan artists/cosplayers are not selling anything for profit, even if they're technically violating copyrights. Some of the money from these swords does go back to Squeenix, but that's the ONLY reason it's even semi-defensible on their part.


But fanfic and fanart is commonly sold for profit in Japan, i.e. the doujin market. What's more, many cosplayers also rely on small props that are commercially produced. Some may even pool together money to get something produced for a limited run. Even clothing pieces and entire outfits are sold, and again Japan doesn't seem to have a problem with that (although I am not sure if Japanese producers actually do have licenses).
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Spotlesseden



Joined: 09 Sep 2004
Posts: 3514
Location: earth
PostPosted: Wed Feb 25, 2009 10:22 pm Reply with quote
dragoneyes001 wrote:
Emerje wrote:
dragoneyes001 wrote:
this suite is a disgrace hope some Japanese blacksmith sues square because they portrayed katanas(which far predate the games) in their FF series and contractors or architects who's designs are similar to any buildings in the FF series also sue them for copy right infringement and lets not forget clothing designers who's clothing lines are similar to the FF series but predate the games. bet you SE would crap themselves if people really picked their infringements apart as carefully as they seem to like doing so of others.


Wow are you off base. Rolling Eyes There's a huge difference between producing something with a similar design ("a katana") and selling something as a licensed replica ("a Buster Sword"). These people lost because they were selling unlicensed products, not because they were selling cleverly veiled and slightly similar looking items like a "Busting Blade". They knew what they were doing and clearly only regret getting caught so why defend them? I've seen these swords in person, they're garbage, they aren't even well made.

Emerje


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?

the problem with the suite is simple its not the swords they should have sued about but the sales method referring to SE's games and movies because by making it the items then SE will have to be responsible for any item they use in any of their games and movies which resembles someone else's work. I really do hope they get burned by someone who has a patent on something they happen to have tossed into one of their games without a care about copy rights.

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.


SE's swords are very unique like gunblade, keyblade when you look at it you will know that's SE's design. You can't copy other people's design, just like clothing, bags. then go around and sell it.
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Hon'ya-chan



Joined: 31 Jul 2007
Posts: 973
PostPosted: Wed Feb 25, 2009 10:32 pm Reply with quote
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?"
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ikillchicken



Joined: 12 Feb 2007
Posts: 7272
Location: Vancouver
PostPosted: Wed Feb 25, 2009 10:34 pm Reply with quote
britannicamoore wrote:
Simple: Square doesn't get all the money they could get. They are right to sue, someone was using their name without permission.


Oh and what money would that be? If it's so 'simple' explain to me this: If these people didn't ever exist, how would that result in Square receiving more money?

jr0904 wrote:
now if only the anime industry in US and Japan would do these measures to those fansubs groups and illegal streaming sites and to the video websites that host them from the beginning,then maybe they wouldn't have lost so much money in this bad economy and Geneon Ent wouldn't have gone belly hop


This demonstrates my point perfectly. Fansubbers or especially bootleggers cost the company money. They are producing copies of the exact product that the company otherwise sells. If people buy these knock offs they aren't buying the real thing. The company has lost money. Here though, Square isn't losing any sales. They are simply enforcing their copyright because they can. I can even understand that in the case of more standard items. Replica swords though? It's such an obscure item. To me it doesn't quite seem comparable to other cases of somebody making unlicensed merchandise. It would even be one thing to request the company stopped. The lawsuit seems like an unnecessary response.

@ Hon'ya-chan

Look, I understand why they don't make replica swords themselves. If anything that's my point. It's such a ridiculously impractical item to actually produce and sell. So why not let some company that makes replica swords do it? Also, if our legal system has reached the point where you can be liable because somebody got hurt by an unlicensed, unofficial replica sword simply because it is based (without your permission) on a fictional sword that appears in one of your games...well...I'd say your fucked. It doesn't matter what you do. You're going to get sued.
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