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PostPosted: Mon Sep 02, 2013 1:20 pm 
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Noxius
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They'd actually have a pretty good copyright claim (trust me on this, I'm a student-at-law and I've done IP work).

The point is more that they're made to fit in with warhammer, they have the same aesthetic, scale, 'feel', etc. Its a fairly distinctive look. That's what I meant.


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PostPosted: Mon Sep 02, 2013 1:50 pm 
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Noxius
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beoveld wrote:
They'd actually have a pretty good copyright claim (trust me on this, I'm a student-at-law and I've done IP work).

The point is more that they're made to fit in with warhammer, they have the same aesthetic, scale, 'feel', etc. Its a fairly distinctive look. That's what I meant.


AoW minis are slightly bigger in scale.

Aesthetics? There is more than enough difference to prevent any kind of lawsuit or confusion by the consumers. AoW's style of sculpts are rather well known and identified by gamers and painters.

Did they copy the outline of armies layout of GW? Yes and no. Fantasy generally has the same layout of races, but won't deny AoW picked this particular layout to piggyback on sales for Warhammer crossovers.

As far the look goes, that would be a big fat no, perhaps to an untrained eye they look the same, but they are very different in the details.


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PostPosted: Mon Sep 02, 2013 2:27 pm 
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Noxius
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Ashur wrote:
As far the look goes, that would be a big fat no, perhaps to an untrained eye


Gee, thats nice.

I'd be confident taking the case to court, and since I actually know how IP law works, I'll stick with my assessment that its a ripoff.


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PostPosted: Mon Sep 02, 2013 3:11 pm 
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Noxius
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Can you point out exactly what they are ripping off?

GW did not create the Minotaur or many other fantasy creatures.

AoW minis are a bit larger in scale.

Aesthetically they are different and far from confusing.

Looking at the AoW and GW Minotaur

Horns are different

GW horns are much longer look more like a Texas Long Horn.

AoW looks more like the horns of a Steer

Muscles on the GW Minotaur are excessive, lumpy, some are semi-sphere, and over all more cartoon-ish.

Muscles on the AoW Minotaur are less bumpy and more of a smooth curve. Less muscles and a more realistic look to muscle tone. There are also bulging veins present.

Fur on the GW models are more feather shaped.

AoW model is more organic and wild.

the heads are the BIGGEST looking difference in aesthetics.

The GW Minotaur has a head that is more football shaped. There is no real resemblance to a bull head at all.

AoW Minotaur has a head that looks more like a bull with wide open nostrils.

If you are looking for aesthetics being ripped off, it's not there.

There is a stronger resemblance among the GW Orks and AoW Orcs, but for good reason, the Sculptor for AoW was a sculptor for GW at one time, but tjhere enough to prevent any sort of IP Lawsuit.

This has always been my favorite comic strip in regards to people jumping the gun a GW lawsuits, in particular, the Fantasy range which GW borrowed most of their ideas from other ranges. Tolkien, Conan, DnD, etc.

http://art.penny-arcade.com/photos/2154 ... Nx-L-2.jpg


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PostPosted: Mon Sep 02, 2013 3:56 pm 
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Noxius
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You know that aesthetic does not mean the same thing as appearance, right?


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PostPosted: Mon Sep 02, 2013 4:18 pm 
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Noxius
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Yup.



Considering how long AoW have been producing miniatures (GW is aware of their products) and GW is rather quick on issuing lawsuit threats or cease and desist to companies, people or organizations, I would bet a buffalo nickle they are more than safe from a GW lawsuit.

More recently

Games Workshop notice to Board Game Geek in regards to Space Hulk images.

Games Workshop notice to an author for the use of the word "Space Marine"


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PostPosted: Mon Sep 02, 2013 4:36 pm 
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Noxius
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I'm not defending GW's asinine lawsuit policies.


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PostPosted: Mon Sep 02, 2013 4:58 pm 
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Noxius
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Never made that claim.


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PostPosted: Tue Sep 03, 2013 3:37 am 
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Noxius
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You see this is the reason I didn't want another GW copyright argument. :roll: :lol:

There are points of concession on both sides.

In the case of most of their model range there is no way that the highly trained and determined lawyers at GW would have a claim to IP infringment regardless of aesthetics or appearance. GW don't, as far as I'm aware, own the copyright to minotaurs or suits of armour. They did somehow manage to get the term "space marine" copyrighted to them so God only knows they might have IP'd everything in the dictionary too.

As Ashur has been pointing out the minotaur AoW produce is vastly diferent to the GW model in style and appearance.

However the AoW beastman would be another matter. It is hitting pretty close to the mark of GW's range.

The question here is, if AoW are infringing on GW's IP then why haven't their infamous lawyers gone after them with a C&D order? The answer must be that even GW don't believe that the AoW infringe enough or are a negative impact on their range.

So let's drop the whole GW thing and get back to the real reason for the thread.

I have one of these Minotaurs and I think they match well with scale and size for Areana Rex. I also think some of the other figures in the range will make a good alternative/addition to the existing monsters range.

Edit - These might make an interesting addition, but would require some serious re-thinking of the rules.

Harpies - http://www.avatars-of-war.com/eng/web/i ... Itemid=115


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PostPosted: Tue Sep 03, 2013 11:21 am 
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Noxius

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Given that Avatars of War is owned/run by one of the Games Workshop sculptors/former sculptors/part time sculptors I suspect they have a friendly agreement for him to produce the stuff they can't be bothered to/don't want to as long as he doesn't tread on too many toes.

You know, kind of like lots of the other little companies out there (Heresy, Hasslefree, Mantic, Avatars of War, Warlord Games etc).


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