Back in December , when Games Workshop firstgot M.C.A. Hogarth ’s Spots the Space Marine novels pulled from Amazon.com , take to own the stylemark for “ space shipboard soldier , ” this seemed like a misunderstanding . Or an fanatic legal department . After all , the term “ space leatherneck ” goes back to the 1930s and has been used by Robert A. Heinlein and others .
Games Workshop gets someone ’s Word yanked from Amazon for using the full term “ Space Marine ”
Top look-alike : Gwen Smith .
Butaccording to a blog mail by Hogarth today , Games Workshop ( which make the Warhammer 40,000 biz and books ) is sticking to its guns . Writes Hogarth :
In their last email to me , Games Workshop stated that they believe that their recent entrée into the Es - ledger market give them the unwashed law trademark for the condition “ space devil dog ” in all data format . If they choose to proceed on that belief , scientific discipline fabrication will lose a term that ’s been a part of its canon since its inception . distance marines were around long before Games Workshop . But if GW has their mode , in the future , no one will be capable to use the full term “ space marine ” without it come to to the space Marine of the Warhammer 40 K universe .
I used to own a registered trademark . I realise the effectual obligation of hallmark holder to protect their IP . A Games Workshop stylemark of the term “ Adeptus Astartes ” is all graspable . But they ’ve chosen instead to co - opt the legacy of science fabrication writers who place the basis for their success . Even more than I want to save Spots the Space Marine , I desire someone to save all space marines for the genre I produce up understand . I require there to be a earth where Heinlein and E.E. Smith ’s space shipboard soldier can live alongside mine and everyone else ’s , and no one has the hubris to think that they can own a fundamental musical genre image and abnegate it to everyone else .
At this point I ’m not certain what form to take . I interview five lawyer and all of them were willing to take the case , but barring the arrival of a lawyer willing to work pro bono , the costs of begin legal action start at $ 2000 and climb into the five - figure realm when it becomes a courtly lawsuit . Many of you do n’t have sex me , so you do n’t know that I compose a business editorial / web comedian for artists ; wearing my business hat , it ’s hard to countenance assign so much sentence and energy into write a novel that has n’t earn enough to justify it . But this is n’t just about Spots . It ’s about science fiction ’s red ink of one of its foundational tropes .
We call for Hogarth via e-mail to clarify the office — and what , if anything , people can do to help . She responds :
mighty now I am hoping to for one of the conform to things :
– To determine a lawyer uncoerced to function with me pro bono ;
– To be able to devote for a lawyer otherwise ;
– Or to have the public reenforcement to encourage Games Workshop to contact Amazon and tell them I am no longer infringe on their stylemark . Amazon wo n’t re - instate the e - book without their okay .
When I called Games Workshop and guide out late Holy Writ using the Word of God “ blank marine , ” they told me their grounds for charge was based on the European trademark ( which is not valid in the US ) . I explain that , and was told they believed their issue of novels and e - record book award them a common law hallmark in America . This would only mould if there were n’t other authors predating them who had used the term — they ’re the one , then , that would have the right to the mutual law of nature hallmark .
That ’s my sympathy , anyway .
SFWA prexy John Scalzi has already been squeeze up a storm , apparently about this issue :
Done verbalise to the lawyer . retrieve how I said I was n’t sue anyone ? Well , turns out I’M litigate YOU ALL . For reason . dark .
— John Scalzi ( @scalzi)February 6 , 2013
Now it can be revealed . I have , through claw and crook , acquired BOTH the copyright AND hallmark for : DUDE . Yes . AND YOU SHALL ALL PAY .
Yes , every time you use " Dude " AND ITS PLURALS NO MATTER HOW YOU import IT I get a centime . Except in Canada , where I assail up to a nickel hour angle .
Fortunately I will tender a very sane statuatory level fee for most people . Also , Jeff Bridges tantalise for free . constantly .
I start my ruler as YOUR NEW DUDE OVERLORD on March 1 . ENJOY YOUR FREE RIDE UNTIL THEN , taker .
To all the Canadians telling me they round down for just a centime : very well YOU WILL give ME IN MAPLE SYRUP AND POUTINE . Not together , though . Ew .
BooksGames WorkshopRobert A. HeinleinSpace marinesWarhammer 40,000
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