Update... 9-6-12

Ok, so as I said yesterday I've been given more infringement notice from Games Workshop. The good news is that Shapeways was able to alter my shop title without trouble. I won't have to delete the shop and reupload everything. I will still be removing the female marine parts tomorrow night. I don't think they infringe GW's property rights but have no resources to fight a legal battle here.

What will this mean? Well my shop's url is identical since it was just "www.shapeways.com/shops/dynath" anyway. I think the search function might hiccup a bit but mostly it will work the same. The shop name is not an issue as long as I don't have to delete everything. Removing the female marines is mostly a non-issue as well. While it will mean my melee weapons and a couple of vehicles are all that will be in my gallery i'll be able to recover.
Games Workshop's issue is the use of design elements that corispond to the 40k armor mark details which I can't deny. While I thought believe the design details were covered under patent law which would make their use public domain I don't have the money for a lawyer to back me up on that. At the same time, I built one set of female marines. I can build another. And this time I'll do it better. Don't get me wrong. I love the designs I made but I wasn't satisfied. And this gives me encouragement to try again and make something more unique.

Warhammer 40k has a certain aesthetic and I think I captured that quite well with my female designs. However, was it really a good design? I’d argue no. the 40k design heavily adopts the art style of early 80s rock culture and though it has been polished and revised repeatedly it is still the rough equivalent of an early 80s iron man armor. Though superficial detail has been added to their designs in order to give sculpted joints the appearance of some flexibility the reality is that the armor is as impractical in appearance as it is dated in design. The 90s update to space marines did a lot to standardize the details but it didn’t really change anything on a fundamental level. They are still clunky and backwards designs that are laughable to imagine on the battle field.

I like the 40k armor designs but I must say it doesn’t look good on girls. The legs and arms are generic enough to be fine but the torsos are potatoes and impossible to really feminize without major aesthetic issues. You either end up with bullet trap cleavage or the appearance of an asexual life form. There is a fine line you can dance like I did but I don’t believe it’s worth it now. At least not in this medium.
All those who sculpt miniatures in green stuff with the skill to make a mold in your basement I envy you. Because Games Workshop can’t come into your home and stop you and it’s easy enough to share with your friends without having the motives in your heart questioned. For me, without green stuff or molding skills, Shapeways was a god send. But now I understand something about the creative process that I didn’t before.

You see I have the right and the ability to be creative. I can make something, poor my heart and soul into an art or craft and produce something fabulous. As a painter I can paint a canvas and no one will accuse me of violating IP (for the most part). I can hang it and sell it at auction without an issue and for the most part so long as I don’t claim it’s a Van Gogh no one will sue me. In drawing, in painting, in sculpture, in all art the act of loving something so much that you dedicate your life to creating something is invaluable and I thought protected. However intellectual property law isn’t about protecting that. IP law is about protecting the profits of someone else’s creation. No corporation creates anything. Not Games Workshop, not Microsoft, not Lockheed Martin, none of them. The don’t create they make. The people that work for them create. There ideas are then “protected” by IP laws and the company MAKES and SELLS them. I won’t say I created shoulder pads. But I did put enough love and care into shoulder pads to build something of value. Something more than just a thing that was made to be sold.

Every commission I receive asks me how much and I tell them the same thing, nothing. I build what you wanted because I love the hobby and I love designing something someone will use. So I add a dollar or two onto the cost of printing something to cover the actual money I spend testing products. I don’t even break even really, but I don’t care because I want to create something for others. I never felt I could sell the things I was making for a profit. I always thought micro transactions, selling thousands of shoulder pads and breaking even, was enough. And for me it is. For the corporation that is Games Workshop? I’ve railed before about their pricing scheme. I’ve told friends how horrible I feel their business practices are. I even said I hate their legal team threatening people. And with all that, is it enough? Is the money you make only to spend on protecting the money you make enough? I know a lot of people who would say no. However I’d venture none of the people who say that have the type of money Games Workshop’s CEO does, or the money Games Workshop’s investors do.

Games Workshop isn’t human. It’s not a person. It’s made up of people. It’s a transformers gestalt, made of mashing a thousand noddinghamtrons into a single savage beast. Moral arguments, social and ethical examinations don’t work on it. Like a hand gun shooting Devastator it has no effect. My artistic endeavors are like ants to Games Workshop. The security program that operates its minimal point defense system notice me but that’s all. And part of me is fine with that. I’d rather not have to join with a bunch of people to become Superion in order to keep making models.

The point is I don’t have any traction in this fight. I can argue till I’m blue in the face that I actually made something unique and different but no one will hear me. Instead I’ll get stepped on and that’s not right. But it’s how it is. IP laws are out of control and don’t do what they are meant to do. Tomorrow if I uploaded a totally unique model of a space warrior in mechanical armor and Games Workshop saw it and said I like that do a model like that. The truth is since Games Workshop can actually afford a bunch of lawyers and an epic design team they would win. Even if they produced a blog that explicitly stated they designed their products off mine they would still win in court. Entirely because I can’t afford to go to court and am generally honest enough to admit my faults.

So what does this mean? Well unlike Games Workshop I am not a corporation. I can’t fulfill myself with money. So I instead have to fulfill myself with those things I can. And for me that is my art, my 3d design amongst that. If I make a female marine model that doesn’t look like Games Workshop’s models it won’t sell terribly well. But I won’t be making it for that. I’ll be doing it in the hopes that someone will find it and like it and that will be enough. I hope…

Anyway if you have a request please email me and I'll try to respond. I ask you to be cautious about suggesting Intellectual Property of others. But i'm still willing to listen to your ideas. I'll probably be updating more than usual to day so bare with me. I have some blog posts i'd written that I want to actually put out there.

Further Games Workshop infringement claims.

My laptop crashed when I was writing this. My poor laptop has an issue where it just shuts down randomly, it needs a new motherboard and is out of warranty. So if this post seems a bit disjointed that’s why.

This afternoon I received a new infringement notice from Games Workshop. This time there infringement claim has specifically addressed specific items in my inventory. I'm thankful that they are actually addressing the reality of what I've uploaded for printing as opposed to the vague notion that they own everything under the sun.

Unfortunately they have specifically pointed out the "design" of armor marks again. Initially I had believed their previous statements in this regard covered the issue of the shoulder pad elements and Aquila trade mark. Sadly this time they specifically point to the female star marine parts in arms, legs, torsos, helms, and backpacks. I disagree on this. My understanding is that the models are covered under patent law and thus design elements aren't an issue but I can't afford to argue this point. If there was any question of whether I would have to redesign the female marines this answers it. It frustrates me because I'm reasonably sure that legally the female variants are different enough that even when sharing design elements they fall into fair use. However I can't deny that my intent with the models was to make them LOOK like their male counter parts that inspired them. As such denying they should be removed feels unethical to me.

No matter what I want that clear. I knew games workshop owns the rights to warhammer. However my intent was never to undermine them to the extent that they clearly believe I have. I was of the mind that Games Workshop was not producing certain products that I and others wanted. Either those products were not being produced at all or they had been produced and games workshop decided not to support them any longer and as a result abandoned them. Likewise I feel that Games Workshop's control over the likenesses, icons, and color schemes of space marine chapters is both legally and ethically dubious as many if not all of these designs should belong to their original creators not Games Workshop. I'm not sure why but these factors more than anything else have left my conscience clean on the matter. I didn't set out to deprive Games Workshop of funds. I set out to provide the gaming public with products games workshop doesn't. I don't want to get rich stealing sales from Games Workshop. I want to give back to the hobby I love in a way that Games Workshop just isn't doing. Ethically I don't see a problem with producing shoulder pads for customers who want them. Nor female marines. Nor out of print models. Nor guns. etc. Basically it encourages people to buy more actual products from Games Workshop. If I was out to steal sales I’d design a nearly identical product like Anvil Industry's steam knights designs. But of course I wanted to fill a hole in GW's product line that Games Workshop doesn't appreciate me filling. Sigh.  That’s all I can really say, just … SIGH…

Games Workshop has also made a claim regarding my “Space Undead Insects” while this design is intended to be a replacement for their scarab models it does not look like their scarab models.  It was intended to not look like their scarab models because their scarab designs are stupid.  I chose to instead make the insect like robot be insect like not… stupid.  Official scarabs are flat with no legs, no mandibles, not real bug like qualities.  My scarabs are more bug like with proper legs and mandibles.  The only thing remotely like an official scarab is the spinal column and single eye, and if they own that then robot skeletons the world over are infringing and I don’t believe that. I’m not going to push it until they take me to court though. I’ll simply listen to their feedback and change the fucking model.  If they think they own a cyclopean insect I’ll give it two eyes. If they think they own skeletal spinal columns on robots, I’ll make it fucking tubing.  They can’t own everything. Robot insects are real things that people at MIT are making right now. IP ends somewhere and if GW won’t define it for me I’ll test the waters until I find the edge myself.

Lastly and most troublingly is their statement of trademark on the term 40k.  Now, in fairness they can’t claim a registered trademark unless they’ve actually registered a trademark.  Copyrights are pretty much open ended but trademarks are documented.  While I would think I could argue the trademark based on the capitalization of the letter “K” denoting the difference between the proper trademark and the numeric abbreviation I don’t have the money or legal counsel to deal with this.  It’s easier to remove the “40k” moniker. Or it would be if I could change my shop name myself.  I’ve contacted Shapeways but I’m not sure I can adjust my shop name at all without deleting it and restarting a new one.  A process that deletes everything in my shop some of which I don’t have backups of yet.  Even this blog has GW’s “trademarked” “40k” moniker as part of its URL.  I’m sure I’ll get a notice about that too.  But I can change that.  Blogspot can let me change the URL with a single click.  Not a problem.  Shapeways could be an issue.  Hopefully I hear back quickly so I can fix this.

I seriously hate Games Workshop at the moment.  I feel simultaneously like I’m being threatened and patronized.  Like a puppy that has yipped to loudly I’m not sure if GW has come over to pet me soothingly or beat me with a stick.  I can’t see the harm my site name would have on the 40k brand but at the same time I know I could theoretically do some kind of damage to it vaguely somehow that I don't understand. I could make products they don’t want me to make and end up hurting their reputation if people think they made them. I can't see how anyone would mistake my products for theirs but whatever.  At the same time even knowing that Games Workshop could be harmed I feel that chance is minimal and can’t help but imagine that they know I may have to delete me shop in order to change its name and are just being obtuse as a result.

It’s easy to imagine the CEO of GW sitting in a Nottingham tower laughing like king john.  I doubt my particular situation has even been brought before him.  But the image is still there.  Perhaps I demonize Games Workshop because I’m not skilled enough or creative enough to create an equally powerful empire of miniatures.  But it saddens me none-the-less to be attacked for trying to support a hobby I love.  I’d not be surprised if this is all in my imagination.  That the GW corporation is just an emotionless machine, it responds to my particular issues as nothing more than a bump a car runs over in the road.  No malice, no particular disgruntlement, simply the bored curiosity of an office worker tired of his job.  Perhaps the thin veneer of politeness is simply my in ability to comprehend the depth of their sincerity.  Or perhaps it is the last vestiges of imperial condescension directed at an individual that is perceived as inferior. 

I don’t know.  But I wonder if deleting my shop would not be the best for all parties. I noticed a lot of shops I once visited are not updated anymore. A large group of people who design miniatures on Shapeways don’t sell them to the public.  Perhaps I was to brazen to actually SELL something I designed.  Obviously Games Workshop would argue that they designed these things and I stole them by copying them.  I suppose the question is then what’s the point in trying to support the hobby when the creator of the hobby claims ownership over everything within it including that which it doesn't actively create? 

EDIT: I added the footer from the Games Workshop legal teams emails. The statement of “confidential” is bullshit. Intellectual Property is a matter of PUBLIC record. If it wasn’t there would be no ability to enforce it. I have not signed a confidentiality agreement nor a nondisclosure agreement.  As such you can’t stop my legal right to talk about the claims placed before me.  I will say that the claims of Games Workshop as they apply to me can’t be construed as legal advice for the legal affairs of any individuals as the Claims are the views of Games Workshop and don’t constitute the actual law as interpreted by a Judge.  I will continue to post the emails I recieve from Games Workshop on this issue as a matter of public record and free speech.

 

 

My response to Games Workshop (8 - 20 -12)

Dear Mr, Nanson

Like yourself I appreciate diligence regarding this matter. I am a simple hobbiest and take the interests of Games Workshop in this matter with great seriousness.

I want to assure you I am already complying with the requests of Games Workshop. I have already removed a number of products and will continue to remove additional products going forward. Unfortunately there is no automated or batch removal function in Shapeways which means I have to manually edit each item to delete it from my account. This process takes time and I appriciate your patience.

I’m sorry that my request for clarification was interpreted as a request for legal advice. I honestly assumed that when Games Workshop was deciding I was infringing they would have made a list of specific infringements for me to correct. As I understand the legal process the individual with a claim of infringement is responsible for defining that claim. My only intention was to insure I addressed all of Games Workshop’s claims of infringement. I didn’t mean to be requesting your legal expertise, only the specifics of the infringement. Regardless I’m working to comply with your requests so I see no need to consult legal counsel at this time. And besides I have no doubt that Games Workshop’s claims have merit or its legal councils wouldn’t pursue them.

That having been said, I will endeavor to remove items based on the “shoulder pad”, “logos” (I assume this is directed at Chapter logos) and “Aquila” design that Games Workshop claims as their intellectual property. I’m saddened by the loss of these designs particularly because Games Workshop has not made comparable products based on the Intellectual Property they claim. I do however understand the need for licensing and intellectual property as a whole and will comply.

I agree it is my responsibility to ensure my items don’t infringe intellectual property laws and I will do better to comply in the future. Up to and including seeking legal advice regarding my hobby if needs be. However, in spite of not having legal counsel I am aware of the current litigation between Games Workshop and Chapter House Studios. While I will comply with your wishes now I feel that I need to inform you that if the court decides you are not the Intellectual Property holder of any or all of these designs I will continue with my distribution of any public domain items at that time, which would be my right if that is found to be the case.

I will do my best to have the offending items offline within the time allotted. I will also attempt better judgment regarding what items and requests to fulfill in the course of my hobby so that I don’t violate games workshops Intellectual Property again.

Sincerely
Dynath Kajira

Games Workshop Legal Notice (9-5-12)

Hi Dynath

Thank you for your continued cooperation in this matter and for removing several designs from your store. I appreciate you making the changes.

There are some remaining infringements in the store which I must ask you to remove as soon as possible.

There are some models which bear the Aquila registered trademark e.g. http://www.shapeways.com/model/325301/m7b1-star-marine-armor-torso-x5.htmlamong others.

There are a number of helmets, legs, arms, backpacks etc which combine to create your ‘Star Marines’. These parts, and their combined complete models, copy a significant part of Games Workshop’s Space Marine design. This includes various ‘marks’ of Space Marine armour and variants such as the ‘Techmarine’ and ‘Apothecary’.

There is also a set of Necron scarabs available.

Finally, I must inform you that ‘40K’ is a registered trademark belonging to Games Workshop Limited. Please remove it from your store name ‘Dynath40k’.

Please remove any remaining infringing auctions in the next 14 days and drop me an email when you have completed the removals.

I look forward to your notice.

We reserve all rights.

Kind regards

Tom

Tom Nanson
IP Assistant
Group Legal Department
Games Workshop Group PLC
tom.nanson@gwplc.com


My response to Games Workshop (9-5-12)

Dear Mr. Nanson,

Thank you for again taking the time to address this issue Mr. Nanson. Firstly let me say I am grateful that this time specific infringements have been identified so that they may be addressed, as opposed to broad statements of infringement.

Thank you for calling the Aquilla to mind, I had uploaded the models over a year ago and as a result it had slipped my mind they had an Aquilla on the chest of several models. I would ask if it was viable to remove the Aquilla and list the revised torsos but your next infringement claim lists quite literally all parts of a figure so there is no point. My understanding is that the design of your parts falls under patent law which dictates that the individual expression of a specific item is protected not its design elements. As such using elements of a similar nature such as cabling or plating of a similar design on a different expression, IE the difference between male and female designs, would be publicly viable. The printing of backpacks, shoulder pads, and armor designs by other companies such as Scibor, MaxMini, etc. I thought bore this out. Regardless as I have neither the legal resources to argue my point nor the inclination to challenge the makers of 40k regarding their patents of their miniatures I’m forced to comply.

The robotic insects on my list are significantly different from the legless, mandibleless scarab design produced by games workshop. While I don’t desire to fight I’m not convinced you own the trademark on“insects”. I would be happy to discuss the specifics of this “infringement”but as a whole the design is significantly different than your established designs to the point that if the name wasn’t “space undead insects” most viewers would not consider them analogous to the GW Scarab product.

Lastly the trademark “40k” I was actually unaware of this trademark. I had avoided the full “40,000” and “Warhammer” but didn’t realize the abbreviation was trademarked. I’m at a loss as to how to edit my store name however. I will have to contact customer support at Shapeways to adjust this. If they can’t do that I suppose the only thing I can do is delete my store entirely and start a new one.

I thank you for calling these infringement claims to my attention. I’ll work on removing the “star marine” product line and altering my shop name, however would like specific clarification regarding what aspect of a robotic insect you have copyrighten, trademarked, etc.

Sincerely

Dynath Kajira

Footer for Games Workshops Email Included for completeness (9-5-12)

Information in this email and any attachments is confidential, subject to copyright and must not be

used or disclosed except for the purpose it has been sent, unless required by law.

Games Workshop Limited, registered in England and Wales, under company number 1467092, and

registered at Games Workshop, Willow Road, Lenton, Nottingham NG7 2WS.

Unless stated otherwise by an authorised individual, nothing contained in this email is intended to create binding legal rights or obligations between you and Games Workshop in anyway, including but not limited to, in relation to settlement of any claims made by Games Workshop. This email is in no way meant to be taken as legal advice. If you are unsure of your rights or the implications of this email, you should obtain independent legal advice.

 

GW Legal's responses and plan of action

Alright so I have received my response from Games Workshop’s legal counsel regarding their "infringement claim”.  I’ve posted the contents of our correspondence below.   Basically the gist of the discussion is that games workshop claims all chapter icons (as expected), all weapons? (I think they mean the bolter design mostly), vehicles (this specifically applies to the ground taker/ land raider I made but it was never for sale), Characters (like the stealth suit again I’ve already complied with).  The last correspondence manages to clarify that they also claim the shape of the space marine shoulder pad as their property as well, though the physical shape can’t be copyrighted it can only be patented so the legitimacy of the claim is questionable.  They also conspiquously list “the design of certain marks of armour” which clearly implies they believe my female marines are also infringing.  I don’t think they technically are but can’t really argue the point without getting sued.  They also specifically point out the trademark on the Aquila, this is the main reason the female marines are problematic as they have an Aquila on their chest.

He gave me 14 days to comply with the infringement take down notice. Which means they must be removed by September 3^rd 2012.  Following this course I will begin removing shoulder pads from the gallery on Saturday September 1^st.  Legally I can’t encourage anyone to purchase anything within the allotted time remaining before products are removed.  The time frame of item removal has nothing to do with item sales.  It has to do with the fact that I work every day of the week and will be out of town on the weekend of the 25^th so the 1^st is the first opportunity I will have to remove the items.  Removing the items does not mean I agree I am infringing on any of the products, only that I cannot afford a legal battle.

You will note towards the end of my latest response I mention the Chapter House Studio lawsuit.  The same things I’m cited for infringing are the same things Chapter House is being sued for.  Games Workshop’s legal department is no doubt aware of this fact.  They can’t rest on their laurels and just hold their breath till the lawsuit is done.  They will continue to assume they are in the right until proven wrong.  I however, unlike Chapter House don't have the legal counsel to fight Games Workshop so I will comply like a lot of websites have done.  However it’s important to note I am NOT destroying any of my works.  The 3d models will be removed from my Shapeways gallery but I will archive them.  In the event that Chapter House wins their lawsuit with Games Workshop the shoulder pads and weapon models may (I stress may) become viable again.  If a legal battle goes Chapterhouse's way I will likely seek legal advise regarding these items at that time.

If you haven’t followed the Chapter House lawsuit I encourage you to do so.  I know some people have talked about it as comical or like the sky is falling.  However I distantly hope Chapter House wins.  Not because I want to sell shoulder pads, but because Games Workshop is a legal monopoly.  They own the game rules, the game pieces, and the social events you use them at, I understand they created 40k but they are strangling the industry with their pricing scheme and poor rules writing.  Yes I know 6^th edition is the best written 40k ever, it’s still a polished turd not worthy of the background the fan base has supported for so many years.  Anyway, a win for Chapter House would limit Games Workshop’s litigations, foster competing products in the form of both additional game companies and added model companies, and possibly drive Games Workshop to limit unwarranted price increases.  I’m a huge fan of miniature gaming and good things can happen if Games Workshop loses their lawsuit.  If you’re one of those people that says Chapter House is getting what they deserve I argue that the Intellectual Property laws weren’t meant to limit industry growth and that’s exactly what Games Workshop’s monopoly does.  For every Chinese recasting company there are a thousand people like me who just want to make something for the hobby and can’t because Games Workshop claims are so broad they encompass aspects of the game beyond the identity of their products and company. By their argument the shape of their dice could be their patent which is wholly absurd.

Anyway, if anyone wants to request anything please email me and we can discuss its viability in the light of these limitations.  I will continue to make designs and produce products on Shapeways to the best of my abilities.  Regardless of the outcome of the Chapter House lawsuit I will strive to make products that support the hobby even if they don’t support games workshop.

In the interest of public disclosure here is the discussions between myself and Games Workshop's legal team.  I'd like to point out that inspite of the underlying threat of legal action the representative has been quite curteous and respectful and I personally want to say thank you to him for being civil in executing a matter that could be executed in a very uncivil manner. 

Enitial Contact on Shapeways Aug 15th 2012

Our Ref: Legal/TN/GLS/11843

Dear Sir

Your Shapeways products have been brought to my attention for infringing copyright and trademarks belonging to Games Workshop Limited.

The 'Warhammer 40,000' universe was created by Games Workshop in the 1980s. The universe and its many characters, organisations, vehicles etc. form the basis for the tabletop wargame 'Warhammer 40,000'. Games Workshop has produced and licensed a huge number of products based in the Warhammer 40,000 universe including miniatures, novels, video games, art books and sourcebooks, art prints, merchandise, digital products and more.

Having designed and developed the Warhammer 40,000 universe and the races, characters, icons, units, vehicles, weapons etc. therein, Games Workshop owns the copyright in them. It is therefore an infringement of that copyright for a third party to offer for sale, possess in the course of business, manufacture or import any product based on the Warhammer 40,000 intellectual property without Games Workshop's permission.

You have copied a significant part of the unique expression of a number of Games Workshop's products. Copying of these icons, characters, weapons, vehicles and accessories is an infringement of Games Workshop's rights as copyright holder.

Games Workshop also owns a number of registered and unregistered trademarks. One such trademark is the 'aquila' double headed eagle design. You have featured this registered trademark on several of your products without permission. This is an additional infringement of Games Workshop's rights.

Please immediately remove the infringing items from sale and contact us at tom.nanson@gwplc.com to confirm you have removed the items and that you will not infringe Games Workshop's rights in future. Please read and comply with Games Workshop's Intellectual Property Policy found at http://legal.games-workshop.com.

We reserve all rights in this matter. If you have any doubts as to the contents of this message we recommend you seek legal advice.

Yours faithfully,
Group Legal Department - Games Workshop Group PLC
For and on behalf of Games Workshop Limited
tom.nanson@gwplc.com

My responce Contact on Shapeways and email Aug 15th 2012

Dear Sir,
I thank you for your notice. I deeply apologize for any affront. While I don't always agree with GW's business practices it was not my intent to undermine your intellectual property nor "steal" anything from you. My intent was to provide products which assist your customers in realizing their army vision. And as I've spent a great deal of time painstakingly creating each piece from scratch in my 3d software I didn't see this as "Copying" anything. I'm very sorry you feel that I've infringed your intellectual properties and will be happy to remove content you feel is inappropriate. However I must ask which files you specifically feel are too closely identified with your intellectual property. I will readily admit that all of my products are made in 28mm scale to be compatible with your products. While I can identify specific icons that and items that I've been asked to make that are patterned after your designs (generally older or limited availability designs), I would like clarification of where that line ends for my own edification. For example I'd like you to clarify if it is the icon on a shoulder pad or if it is the shape of the shoulder pad itself that you feel infringes. Likewise I've made a variety of weapons, arms, legs, female equipment etc, that are significantly different than your official designs but still use similar motifs to your traditional products. As example I of this I point to my pole arms and swords lines. I'd greatly appreciate clarification on these issues.
I will begin by taking the items which I recognize as falling into your IP down, this will include the shoulder pads with specific chapter icons, the individual units I recognize from 40k including my stealth suit and drone models, as well as weaponry directly patterned after 40k items such as the heavy weapons etc. Unless I hear otherwise I will assume this does not include shoulder pads that do not bare GW iconography, weapons that are uniquely designed, and custom units.
Please understand I do greatly enjoy your game and my goal was to grow and serve the fan base in a manner which was never intended to undermine any aspect of the GW business. The 3d modeling of my products and their subsequent offering on Shapeways is a hobby to me that doesn't even reimburse me for the cost of ordering test prints of the products. Perhaps the 3d printing process is an idea that should be presented to the executives to fill market niches for underserved armies in a manner similar to the "bits" service discontinued in the 90s.
I sincerely want to find a middle ground where I can comply with your wishes and continue to develop wargaming products to support my hobby and the hobbies of others. If we can please clarify the detail of what items infringe I'd greatly appreciate this.
Sincerely,
Dynath Kajira.
PS. This message sent via shapeways private messaging will also be sent to the email address listed above.

GWlegal response by email Aug 20th 2012 

Hi Dynath

Thank you for your swift response and for agreeing to remove the infringing products.

I appreciate your enthusiasm for the hobby and Games Workshop encourages hobbyists to convert and customise their forces to increase enjoyment. Games Workshop does, however, object to commercial use of its intellectual property and/or distribution of its copyrighted material.

I’m afraid that I am not permitted to offer you any legal advice and therefore cannot give detailed guidance on your models. You would have to seek your own legal advice in relation to intellectual property for your product line.

I can inform you that Games Workshop considers any significant copying of its creations to be an infringement of its copyright. This includes, but is not limited to, the unique design of its vehicles, weapons, logos and the several marks of Space Marine armour, which includes the iconic shoulder pad design. Having created and developed the unique expression of the Warhammer 40,000 universe in its text, artwork and sculptures, Games Workshop claims the exclusive rights to produce or license products based on this intellectual property.

I can also inform you that the ‘Aquila’ double headed eagle design is a registered trademark and therefore any product that bears this symbol is an infringement. Games Workshop considers any significantly similar logo to be an infringement of its registered trademark.

I am sorry I cannot offer further assistance. As the seller, it is your responsibility to ensure your products do not infringe other parties’ intellectual property.

I look forward to your confirmation that you have removed any infringing items from your store within the next 14 days. Please also confirm that you will not infringe Games Workshop’s intellectual property in future.

Thank you for your cooperation in this matter. We reserve all rights.

Best regards

Tom

Tom Nanson

IP Assistant

Group Legal Department

Games Workshop Group PLC

tom.nanson@gwplc.com

My Response by email Aug 20th 2012

Dear Mr, Nanson

Like yourself I appreciate diligence regarding this matter.  I am a simple hobbiest and take the interests of Games Workshop in this matter with great seriousness.

I want to assure you I am already complying with the requests of Games Workshop.  I have already removed a number of products and will continue to remove additional products going forward.  Unfortunately there is no automated or batch removal function in Shapeways which means I have to manually edit each item to delete it from my account.  This process takes time and I appriciate your patience.

I’m sorry that my request for clarification was interpreted as a request for legal advice. I honestly assumed that when Games Workshop was deciding I was infringing they would have made a list of specific infringements for me to correct.  As I understand the legal process the individual with a claim of infringement is responsible for defining that claim.  My only intention was to insure I addressed all of Games Workshop’s claims of infringement. I didn’t mean to be requesting your legal expertise, only the specifics of the infringement.  Regardless I’m working to comply with your requests so I see no need to consult legal counsel at this time.  And besides I have no doubt that Games Workshop’s claims have merit or its legal councils wouldn’t pursue them.

That having been said, I will endeavor to remove items based on the “shoulder pad”, “logos” (I assume this is directed at Chapter logos) and “Aquila” design that Games Workshop claims as their intellectual property.  I’m saddened by the loss of these designs particularly because Games Workshop has not made comparable products based on the Intellectual Property they claim.  I do however understand the need for licensing and intellectual property as a whole and will comply.

I agree it is my responsibility to ensure my items don’t infringe intellectual property laws and I will do better to comply in the future. Up to and including seeking legal advice regarding my hobby if needs be. However, in spite of not having legal counsel I am aware of the current litigation between Games Workshop and Chapter House Studios.  While I will comply with your wishes now I feel that I need to inform you that if the court decides you are not the Intellectual Property holder of any or all of these designs I will continue with my distribution of any public domain items at that time, which would be my right if that is found to be the case.

I will do my best to have the offending items offline within the time allotted.  I will also attempt better judgment regarding what items and requests to fulfill in the course of my hobby so that I don’t violate games workshops Intellectual Property again.

Sincerely

Dynath Kajira

IP Hammer.

Well it had to happen.  I knew it would happen because it always does happen.  I just received a message from Games Workshop's legal department asking me to remove content that infringes their Intellectual Property.  I've asked them to clarify which content they feel is infringing.  I'm guessing I'll hear back from them tomorrow.  I suggest if anyone wants any shoulder pads that they order them now.  Even then I’m not sure what will be done if you order them and GW throws a fit. I haven’t gotten a message from Shapeways so I’m guessing GW is dealing with me directly.  After I get a response I'll be removing the files they claim are in violation.
 

Please understand a couple things. While I have a great deal of vehemence towards what I feel is a neglectful attitude, on GW's part, towards their fan base I can't carry a banner against them on this. In spite of my feelings regarding the rising cost and lowering customer satisfaction involved in the hobby, I understand that many of my products are directly inspired by GW's Intellectual Property.  I am not an expert in Intellectual Property and can't afford to seek one at this time. As a result I can't say for sure what is legitimately infringing in the eyes of the law and what isn't.

While I feel that the amount of work and effort I’ve invested in my 3d models makes them significantly different than Games Workshop’s Intellectual Property that doesn’t mean it’s true in the eyes of the law.  The design elements involved I believe are public domain or at the very least not Games Workshop's property.  Indeed until the chapterhouse studio lawsuit is concluded the question of how legal producing expansion parts for GW products are won’t be answered.  Even then it won’t answer the legal question of whether 3d printing items are legal in the first place. 

I would dearly love it if GW would allow us both to coexist, me making addon products to support their products and them inventing new and original items to expand the mythos of 40k.  But that isn’t going to happen.  Games Workshop claims a very broad trade mark on 40k products and regardless of the ethics of threating small product producers like me they are within their rights to exercise their legal ability to sue to protect what they see as an Intellectual Property violation.

On a personal level I feel Games Workshop is disingenuous towards their fan base. Many of the chapters that are “official” have been created by fans who submitted them to white dwarf.  There after the GW has “Claimed” them due to their popularity as their own.  Even the big 18 were created by specific employees at games workshop and inducted into cannon.  GW’s IP is over all made by the company claiming the ideas of others as their own.  This is morally disingenuous to tell people to buy their products and make cool things but 5 years from now we’ll claim your cool thing as ours and sue you if you produce it too.

I bet I sound like sour grapes at the moment.  I’d be lying if that wasn’t part of the whole thing.  But for a long time Games Workshop has been fighting their own fan base for control of the destiny of their game. While I am perfectly comfortable with GW defending themselves against a company that intentionally undermines their business I wish they would make a better distinction between those who are encouraging people to buy more of their products and those who are trying to take away their business. I firmly believe that I fall into the former category rather than the later.

So what happens now?  Well I don’t really know.  I’m positive the large collection of shoulder pads are going to be axed because thats what Games Workshop and Chapterhouse are suing over.  Along with any full models that fall into the GW’s umbrella of IP.  This definitely includes my stealth suits, drones, and probably the Exo Armored Terminator as these are closely inspired by existing GW models.  The Gyrojet line along with my heavy weapons will likewise be removed as well.  The "ground taker" will of course need to be taken down though who would buy a 300 dollar model is beyond me.  Most of my vehicle and hand weapons lines will be fine including my gun ship and grav-bikes along with several other models in those lines.  My main worry is my female star marines which have an Aquila on their torso, at the very least I’ll have to remove the Aquila but I’m afraid they will also claim the tubing and armor details also fall within their IP making the overall design not viable.  From their wording I also question if they consider my swords/pole arms that use elements like electrode wiring are recognized as GW IP.  At this point I just don't know.

What I’m gonna do now? Well mostly I’m going to start by dragging my feet.  I'm partly waiting to get feedback from GW’s legal department about the specifics of their claims. This will allow people who are interested slip an order in though I don't endorse doing that.  I would be lieing if I didn't admit it was partly because it’s quite depressing.  But mostly its because I work a lot at my real job and don't have the time to act on this right now.  Games Workshop attacks everyone in the hobby at some point.  While I knew it would happen eventually I had hoped to give the community more before I got kicked by GW’s legal team. Though I suppose it was too much to hope that I’d get through all 300 chapters designs before it happened. For my own edification I might finish the shoulders even though I cannot offer them for sale. I’m sure GW thinks 3d printing the shoulder pads is the same as copying a DVD but I put a lot of real work into my products. It would be a lot different if I had a 3d laser scanner and could just stick a mini in and print an exact duplicate.  It took me a long time to painstakingly draw every icon in illustrator then transfer them to sketchup and add volume and modify details so they’d print, then bend those icons to go on the shoulder pad shape. Scale them for the shoulder variants, Boolean and multiply them, union and output to stl, upload and so on.  In July I made a grand total of 34 dollars on Shapeways and spent 118 dollars on test prints, half of which I haven’t received. Many of those tests are pointless now because I can’t offer those products for sale without having to defend myself in court. 

I wonder if the other 28mm bits people on Shapeways got tackled by IP as well.  I’m guessing I’ve been a bit more brazen than others have.  I think the 300 shoulder pads were a bit over the top in GW’s eyes.  It sort of asked GW to stop me.  I mean I was literally doing it because GW had never bothered to do it. I blatantly called them out a few posts ago.  So really it’s my own fault. Still, I can secretly hope that GW’s legal team loses the Chapter House studios lawsuit and makes my hobby viable again.  I doubt that, GW has more money than Chapter House and so I see no light at the end of that tunnel.  Ultimately GW wants to protect their money.  They may claim they want to grow the “Hobby” but they really mean “Money”.  Its pretty standard business really, if I was rich I’d probably agree...

No scratch that, if I was rich I’d buy a laser scanner and print GW’s miniatures for all of my friends. Or at least that’s what GW’s legal team would believe of me.

*Sigh* I’m getting very pessimistic.

Long Term? Well in the long term this isn’t that bad.  I won’t be able to do “official” shoulder pads or icons and miniatures inspired by games workshop's products were always a bad idea.  Instead I can do more unique weapon options and full on custom models.  Assuming the female marines are outside of the claim I can make more parts for them.  If not… if the female marines and all shoulder pads are off the table I’ll be disappointed but it’s not the end of the world.  I’ll expand my advanced gyrojet line, add new sword options, remove iconography from bits and end up fine. I’ll also be a bit freer with my time to do custom models of my own. Though, I’ll need to be careful since many of my personal projects are also 40k armies.  What I would call, "inspired by" Games Workshop may choose to challenge so its best I choose my designs more carefully.  It will definitely impact sales.  Most sales came from shoulder pads or small upgrades like the gyrojets.  This will likely mean that most of the products I put up will be of no interest to 95% of the people.  The other 5% being myself and those of us who just like random crazy stuff.  

So that suck huh?  You know what really sucks. Intellectual Property Law in general.  I realize people need to own ideas to make profits these days.  I get that.  Back in the 15^th century anyone could make anything and that was just part of life.  Back then you steal a man’s idea you weren’t taken to court you went out back for a duel.  And you know what, I’d like my odds better with a sword or pistol in my hand than in a court room.  IP encompasses so much stuff and it’s so hard to contest anything.  I know my shoulder pads are directly inspired by GW’s products, I get that.  At the same time games workshop has named a bunch of crap in books just to tie up those names in IP so no one can use them.  Same with the icons, half the GW icons are directly drawn from coats of arms of medieval knights but they trade marked them and I can’t use them.  Corporations have all the power here. If you want to make something you need to tie your ideas to one of them and then you don’t own it anymore. Corporations aren’t people, they are faceless edifices that just seem to take things from people.  GW wants our money but doesn’t want to let us express ourselves, doesn’t want to produce the products we want, and doesn’t want to allow others to make things that are compatible with their products.  They make rules that are unbalanced and pretend the game shouldn’t be balanced.  They charge outrageous prices for their products and claim they are a luxury so its ok.  They charge unfair prices to certain market sectors and then tie their customer’s hands against alternative products.  Corporations are inhuman and we give them the rights to own things, is it any surprise that corporations own us now? 

Well all that aside I encourage people to email me regarding requests they have placed but have yet to be filled. I don’t know what is happening yet but I would still like to work with people to make products.  I’m not sure how that will happen.  I wish I knew a Chinese casting service that I could work with LOL. That’s a joke GW, don’t actually sue me for it.

*Sigh* I hate intellectual property laws. I was born a few hundred years to late.