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


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LordRedhand



Joined: 04 Feb 2009
Posts: 1472
Location: Middle of Nowhere, Indiana
PostPosted: Sun Mar 01, 2009 3:35 am Reply with quote
To be very blunt Square Enix won becuase the sellers were using their name and character's image to sell the replica weapon. If they didn't do that they wouldn't have much of anything, but the simple thing is the seller's were depending on Square Enix' image to sell them. All it takes is one person geting hurt and they will blame Square Enix, so this is a preemptive to prevent future law suits. Also becuase they used Square Enix' image to make profits, they are entitled to whatever profits they made.

Also the Sword or Knife Bayonets that you are referring to are Affixed to an existing rifle and are a weapon of last resort/pike defensive. Squall's gunblade is a very short range pistol so its closer to the English Gun Knife than a rifle. Also a bayonet is something affixed and can come off the rifle it's attached to, however a Gun Blade is a single weapon, a single blade permenantely attached to the pistol portion.

Edit: For example if the made any of these weapons replicas they would have been fine. http://www.horstheld.com/0-blades.htm

But they didn't, simply.
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dragoneyes001



Joined: 07 Feb 2009
Posts: 873
PostPosted: Sun Mar 01, 2009 3:56 am Reply with quote
LordRedhand wrote:
To be very blunt Square Enix won becuase the sellers were using their name and character's image to sell the replica weapon. If they didn't do that they wouldn't have much of anything, but the simple thing is the seller's were depending on Square Enix' image to sell them. All it takes is one person geting hurt and they will blame Square Enix, so this is a preemptive to prevent future law suits. Also becuase they used Square Enix' image to make profits, they are entitled to whatever profits they made.

Also the Sword or Knife Bayonets that you are referring to are Affixed to an existing rifle and are a weapon of last resort/pike defensive. Squall's gunblade is a very short range pistol so its closer to the English Gun Knife than a rifle. Also a bayonet is something affixed and can come off the rifle it's attached to, however a Gun Blade is a single weapon, a single blade permenantely attached to the pistol portion.


you are aware a gun grip with a full sword attached to it is a stupid weapon which has the worst balance and grip issues?

but the issue is that the DESIGN existed before SE's

as for SE getting sued for damages because of an accident! you really don't know squat about liability do you? only the people directly involved with a product can be held accountable for it.
SE didn't manufacture or sell or even receive moneys for the items which pretty much removes them from any association having a game that shows the item does not make them an available target to sue plus a simple letter of cease and desist (advertising with FFVII references)would also absolve them of any association.
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LordRedhand



Joined: 04 Feb 2009
Posts: 1472
Location: Middle of Nowhere, Indiana
PostPosted: Sun Mar 01, 2009 4:05 am Reply with quote
Square Enix' image and likeness are behind the product, meaning they are potentially liable, becuase anyone in the suit would see Square Enix to be part of the suit. Also others have taken their time to explain to you haw patents and copyrights work, as what your saying doesn't make sense. So Road to Perdition should be sued becuase they used the Model T or every civil war movie owes the Winchester family becuase they used replicas of their rifles. As that is what I'm hearing you say.

Edit: In short Square Enix is not saying they own the rights to all pistol-sword/gun knives they own the rights to the image of Squall's Gunblade, Squall's Image, and their own name. So if they were to file a countersuit as you suggest it would be thrown out as that is not what Square Enix was seeking damages for and could potentially have Square Enix to look deeper in this company and maybe notify other companies of potential bootleg goods this seller maybe distributing.
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dragoneyes001



Joined: 07 Feb 2009
Posts: 873
PostPosted: Sun Mar 01, 2009 1:57 pm Reply with quote
LordRedhand wrote:
Square Enix' image and likeness are behind the product, meaning they are potentially liable, becuase anyone in the suit would see Square Enix to be part of the suit. Also others have taken their time to explain to you haw patents and copyrights work, as what your saying doesn't make sense. So Road to Perdition should be sued becuase they used the Model T or every civil war movie owes the Winchester family becuase they used replicas of their rifles. As that is what I'm hearing you say.

Edit: In short Square Enix is not saying they own the rights to all pistol-sword/gun knives they own the rights to the image of Squall's Gunblade, Squall's Image, and their own name. So if they were to file a countersuit as you suggest it would be thrown out as that is not what Square Enix was seeking damages for and could potentially have Square Enix to look deeper in this company and maybe notify other companies of potential bootleg goods this seller maybe distributing.


ok now your simply being anally retentive!

the patent means the items which SE sued over are not their designs to begin with {is that clear enough for you?}

read the article again! its about how SE sued to stop production and sales of the items that implies they are taking credit for gunblades which existed BEFORE FFVII![refer to previous patents^] {clear enough?}

they had the right to stop advertising of items using their work as a reference to the items. {again is that clear enough?}

and again to be totally clear YOU KNOW NOTHING ABOUT LIABILITY because you keep trying to say SE could be sued over items they have no connection to producing it shows how off base and uninformed you are about legalities.
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Unit 03.5-ish



Joined: 07 Dec 2008
Posts: 1540
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PostPosted: Sun Mar 01, 2009 2:39 pm Reply with quote
The only thing I can say is this...



...unless someone in the Civil War invented a revolver with a giant sword attached to it and the chamber fires bullets that strike against the side of the blade and cause flames or something to shoot off from the edge, Square technically has a right to claim rights to it. It's technically an original concept for a weapon that cannot possibly exist in reality. It was inspired by bayonets, but is not a bayonet. Now a generically-shaped sword like the Buster Sword or Masamune I would say they have less right to bitch over/claim copyrights to. But they do have rights to the designs of the Gunblade and Keyblade.

And the Gunblade is from FFVIII, not VII Razz
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Top Gun



Joined: 28 Sep 2007
Posts: 4570
PostPosted: Sun Mar 01, 2009 2:46 pm Reply with quote
dragoneyes001 wrote:
*more stuff*

...you really aren't getting this at all, are you? These companies were selling replica weapons branded as the Gunblade of Squall Leonhart, the protagonist of Final Fantasy VIII. These elements are all trademarks/copyrights of Square-Enix, and using that name or likeness without their permission represents a breach of their intellectual property. It doesn't matter if there have been actual "gunblade" weapons crafted in the past by various weapons designers, because that's not what these people were selling. They weren't replicas of "some 17th-century gun-sword combination," they were replicas of "Squall's weapon from FFVIII." It's really a staggeringly simple concept, so much so that I'm having trouble comprehending how this discussion has lasted so long.

And correct me if I'm wrong, everyone, because I've never played any Final Fantasy title myself, but didn't Squall's weapon have the distinct (and rather stupid, as an aside) characteristic of not firing any projectiles at all? At least from what I've been able to gather from a discussion on another forum I visit, the purpose of the "gun" portion of the weapon is to vibrate the blade, increasing its damage potential. That automatically sets it apart from any real "gunblade" that's ever been crafted, for the simple reason that such a weapon couldn't work to begin with. Razz
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dragoneyes001



Joined: 07 Feb 2009
Posts: 873
PostPosted: Sun Mar 01, 2009 9:34 pm Reply with quote
Quote:
they had the right to stop advertising of items using their work as a reference to the items. {again is that clear enough?}


holy crap you guys really don't read anything before you reply do you?

Quote:
Yasuhiko Hasegawa, Square Enix's general counsel, added, "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."
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Hon'ya-chan



Joined: 31 Jul 2007
Posts: 973
PostPosted: Mon Mar 02, 2009 12:08 am Reply with quote
Unit 03.5-ish wrote:
The only thing I can say is this...



...unless someone in the Civil War invented a revolver with a giant sword attached to it and the chamber fires bullets that strike against the side of the blade and cause flames or something to shoot off from the edge,


No one that Ii know, but hey, we should show this to the clone of William Tecumseh Sherman. And introduce him to Nuclear Weapons. Twisted Evil
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jr240483



Joined: 24 Dec 2005
Posts: 4376
Location: New York City,New York,USA
PostPosted: Mon Mar 02, 2009 8:13 am Reply with quote
Unit 03.5-ish wrote:

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


I know that,however they could've made the same effort as Square Enix did, like going after the video sites that host them and the internet servers that host illegal streaming sites and fansub groups,then hopefuly it would've brought in the same result.
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DmonHiro





PostPosted: Mon Mar 02, 2009 1:58 pm Reply with quote
dragoneyes001 wrote:
Quote:
they had the right to stop advertising of items using their work as a reference to the items. {again is that clear enough?}


holy crap you guys really don't read anything before you reply do you?

Quote:
Yasuhiko Hasegawa, Square Enix's general counsel, added, "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."


Do you understand that that company was selling replica's with the name of a Squaresoft character? Do you understand that it is against the law to use a copyrighted character without permission?

How freaking hard is it to understand that they were busted for selling Final Fantasy related products that SAID Final Fantasy on them, without permission?
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dragoneyes001



Joined: 07 Feb 2009
Posts: 873
PostPosted: Mon Mar 02, 2009 8:00 pm Reply with quote
DmonHiro wrote:
dragoneyes001 wrote:
Quote:
they had the right to stop advertising of items using their work as a reference to the items. {again is that clear enough?}


holy crap you guys really don't read anything before you reply do you?

Quote:
Yasuhiko Hasegawa, Square Enix's general counsel, added, "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."


Do you understand that that company was selling replica's with the name of a Squaresoft character? Do you understand that it is against the law to use a copyrighted character without permission?

How freaking hard is it to understand that they were busted for selling Final Fantasy related products that SAID Final Fantasy on them, without permission?


since the article DOES NOT mention the swords having anything printed on them your making one hell of a large assumption there buddy!
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jsieczka



Joined: 19 Jul 2008
Posts: 150
Location: Rochester, NY
PostPosted: Mon Mar 02, 2009 9:20 pm Reply with quote
dragoneyes001 wrote:
DmonHiro wrote:
dragoneyes001 wrote:
Quote:
they had the right to stop advertising of items using their work as a reference to the items. {again is that clear enough?}


holy crap you guys really don't read anything before you reply do you?

Quote:
Yasuhiko Hasegawa, Square Enix's general counsel, added, "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."


Do you understand that that company was selling replica's with the name of a Squaresoft character? Do you understand that it is against the law to use a copyrighted character without permission?

How freaking hard is it to understand that they were busted for selling Final Fantasy related products that SAID Final Fantasy on them, without permission?


since the article DOES NOT mention the swords having anything printed on them your making one hell of a large assumption there buddy!

The website for Top sword had an image of Cloud from FFVII:AC in the upper right corner of their Buster sword image, which is how they had all of their products shown. Other articles on the topic have confirmed that the Gunblades were identical replicas of the official ones which would mean that squalls would have the engraving shown in Unit 03.5-ish's picture.
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BizzareJellySoul



Joined: 29 Nov 2008
Posts: 18
PostPosted: Sun Mar 08, 2009 1:33 pm Reply with quote
You how freaking PHONY those unlicensed weapons looked like?

Even an idiot with half a brain could tell. These guys deserved to be sued, and well, even if it looks like corporate bullying, they didn't collaborate with Square to even make it look like the real thing.

Let me be honest with you guys. Ever since I was ten, I really wanted a replica of the ultimate Gunblade from FF VIII, the Lionheart, a gunblade that instead utilizes an assault rifle base with an elaborate lion design and a blue crystal blade. In itself, that would require military grade steel, master artisan handiwork (or a grade A factory cast that would cost thousands of dollars to create), and bulletproof glass with certain mineral compounds that would allow it to be blue and transparent.

Smaller die cast model or not, in itself that would practically cost hundreds of dollars to purchase. And I would purchase.

I've looked on the internet, and the closest thing I've seen is subpar work. I've seen Lionheart models, and all they just are are junk half a-ssed revolvers with blades with a wing on the top of the gun.

These a-ssclowns didn't even mention about Square Enix allowing them to actually manufacture these crap weapons. I felt chagrin-tastic when I saw these things, and also really ticked. I wasn't giving my cash to those losers, and most likely not in the near future.

My point is: If you're going to rip us off, then do it in a way where it's legal and the product is actually great enough to make us forget about you ripping us off. I've even seen people selling FFVII MATERIA. And I ask the question: Can I put it into a FFVII weapon? Probably not, because they're all crap because they don't care. If I could, then I would be a proud owner of an Alexander, Elemental and Ultima materia with a Buster Sword, at least two of them set within the blade.
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