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Thesprinkle

HG v Battletech

Aug 21st, 2017
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  1. There's been an awful lot of discoveries in the last few weeks with regard to Harmony Gold v HBS/PGI/CGL(Battletech) and I'd like to summarize them for you as I currently understand them. There's a few pretty big things in here.
  2. 1: Harmony Gold is suing the above Battletech companies for copyright infringement with the Classics and the PGI versions of the mechs that were originally from Macross. Below are two examples of the designs in question.
  3. 2: The Battletech companies are claiming a variety of defenses, primarily noninfringement/derivative work but the big one is the assertion that HG doesn't have a valid copyright to these designs, pursuant to the Big West/Studio Nue v Tatsunoko case. That'll be relevant later.
  4. 3: The phrasing of the suit made it fairly clear that HG wanted to force a settlement as they did not expect The Battletech companies to want to go to court. In addition, PGI is a canadian company and could have simply argued that a washington court does not have jurisdiction to handle the suit, but not only did they accept this jurisdiction, they've demanded a trial by jury.
  5. 4: A few days ago I posted a link to a series of court filings that were HG v Tatsunoko. We now know what is in that document, and it's not a lawsuit. It's an arbitration agreement. What we learned from that document is that tatsunoko was suing HG over some sort of royalties. It was decided that HG did not breach contract and did not owe much of what was alleged, but the big meat of it was the following:
  6. A: Harmony Gold's license reverts to tatsunoko on March 14, 2021.
  7. B: Harmony Gold owns everything copyright-able about the series with the exception of 41 character designs that were determined to be the property of Big West in 2003, not the property of Tatsunoko.
  8. Considering that Tatsunoko was suing HG, I doubt they're particularly pleased with them and I find it doubtful that they will opt to renew the contract with them unless there's some binding agreement we don't know about.
  9. We also didn't know what the "41 characters" were, until someone dug up a filing from the Big West case. The list is below:
  10. 1 VF-1S FIGHTER
  11. 2 VF-1S BATTROID
  12. 3 VF-1S GERWALK
  13. 4 VF-1J FIGHTER
  14. 5 VF-1J BATTROID
  15. 6 VF-1J GERWALK
  16. 7 VF-1D FIGHTER
  17. 8 VF-1D BATTROID
  18. 9 VF-1D GERWALK
  19. 10 VF-1A FIGHTER
  20. 11 VF-1A BATTROID
  21. 12 VF-1A GERWALK
  22. 13 ARMORED VALKYRIE
  23. 14 SPARTAN
  24. 15 REGULT
  25. 16 GLAUG
  26. 17 SDF-1 BATTLE SHIP
  27. 18 SDF-1
  28. 19 PHALANX
  29. 20 DEFENDER
  30. 21 TOMAHAWK
  31. 22 QUEADLUUN-RAU
  32. 23 NOUSJADEUL-GER
  33. 24 MONSTER
  34. 25 QUEADOL-MAGDOMILLA
  35. 26 TOUGOU-GUN Emblem
  36. 27 ZENTRAEDI Emblem
  37. 28 Misa Hayase
  38. 29 Hikaru ichijo 1
  39. 30 Hikaru ichijo 2
  40. 31 Lynn Minmay 1
  41. 32 Lynn Minmay 2
  42. 33 Lynn Minmay 3
  43. 34 Lynn Minmay 4
  44. 35 Claudia La Salle
  45. 36 CAPTAIN Gloval
  46. 37 Maximilian Jeunius
  47. 38 Roy Focker
  48. 39 Milia Fallyuna Jenius
  49. 40 Bullitie
  50. 41 Exsedol Folmo
  51. So what this appears to suggest is that it is explicitly confirmed that Harmony Gold does not own the designs it's suing the Battletech companies for, and even if they did they wouldn't in four years. Potentially this could also pave the way for Macross finally making its way to the states in a complete form.
  52. So yeah, good week overall.
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