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Game store owner suing Games Workshop for $62.5 million USD

Posted: Mon Aug 07, 2017 8:49 pm
by Big Mac
Wargamming website Spikey Bits are running a news story called Games Workshop is Being Sued For $62.5M. Game store owner, David Moore, has filed the case in the Florida Southern District Court.

It looks like the actual lawsuit was filed back in May 31st, but I can't see anyone mentioning it before the Spikey Bits story.

The complaint is for: "violations of the U.S. Law and RICO under 18 & 15 U.S. CODE, including but not limited to Fraud, Price Fixing, Tortious Interference, Breach of Contract, Unjust Enrichment, Restraint of Trade, Conspiracy and Antitrust Violations".

I'm not even sure exactly what some of those legal terms mean, but I do remember a legal notice on a UK based miniatures store that said they had been banned from selling Games Workshop miniatures to non-EU natives. (I believe that the EU bans trade restrictions within the Eurozone.) If "Restraint of Trade" means that Games Workshop has been putting the same sort of restrictions on US miniatures discounters, then maybe I get that bit.

Some of the legal complaint doesn't quite make sense to me. David Moore seems to be suggesting that Warhammer 40K has ripped off BattleTech, Robert A. Heinln, H.R. Geiger's Alien and the work of J.R.R. Tolkien, but I'm not exactly sure how that would entitle game store owners to a refund.

However, if the court decides that Games Workshop has been anticompetitive and orders Games Workshop to drop restrictions on retailers, it might cause the prices charged to gamers to drop. So it's worth keeping an eye on this case.

There is more legal informaiton on these websites:

Re: Game store owner suing Games Workshop for $62.5 million

Posted: Mon Aug 07, 2017 10:46 pm
by night_druid
I've been hearing complaints about GW's business practices for decades, so that part really doesn't surprise me. GW's policies might be considered questionable to many.

Its the copyright issue that surprises me. I don't that will go anywhere. The main hurdle is that I don't think the plaintiff has standing. Unless he represents the estates of Tolkien, Giger, or Heinln, then I don't think he has grounds to sue on their behalf.

Re: Game store owner suing Games Workshop for $62.5 million

Posted: Tue Aug 08, 2017 8:06 am
by Big Mac
night_druid wrote:I've been hearing complaints about GW's business practices for decades, so that part really doesn't surprise me. GW's policies might be considered questionable to many.
I don't play Warhammer, but I do like some of their minis. However, I don't go into their stores too much, as most of their sales staff totally do my head in. :lol:
night_druid wrote:Its the copyright issue that surprises me. I don't that will go anywhere. The main hurdle is that I don't think the plaintiff has standing. Unless he represents the estates of Tolkien, Giger, or Heinln, then I don't think he has grounds to sue on their behalf.
Yep. I couldn't work out what that was supposed to be about.

I guess he was trying to say that they should not be allowed to trademark "Space Marine" or somesuch.

Perhaps David Moore got a nasty letter about some artwork he made to promote his store or something like that that would actually make that part of the lawsuit relevant and not just mud slinging. :?