Frabby
03/15/10 11:28 AM
79.224.152.174
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Why do you hold it to be not fair?
Mind you, I don't have strong feelings for nor against Calbeck. I certainly don't hate him or his case. But from what he posted in this thread I felt that he had a fairly weak position in his claim to co-ownership to the entire franchise, and certainly no right to the character (name) of Roy Calbeck whom he fleshed out but did not initially create himself.
I'm not surprised by the outcome. A few things are not mentioned which I thought might be relevant, but I am not accustomed to the procedures of US litigation. I think the reasons given for the ruling are sufficiently plausible. What sort of surprised me is the lengths to which the court went to make it abundantly clear that the claim was without merit.
Edit: This was meant as a reply in the other thread (where the complete reply can be found). No idea how I ended up submitting a new thread.
Admins, feel free to move/delete as you see fit. 
Edited by Frabby (03/15/10 11:50 AM)
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Rodon
03/15/10 11:46 AM
68.47.123.9
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I am no lawyer, but have experienced acts of plagerism as an author. So his case did not hold water, does not mean he was not infringed upon.
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Revanche
03/16/10 07:45 AM
96.19.132.101
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Not too familiar with the case and still haven't read the result, provided by Frabby. But, Rodon, what made you think he was infringed upon?
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Rodon
03/16/10 04:11 PM
70.89.76.97
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Having written a number of bt shorts and novelettes, the research is very time and labor intensive. Many facts just cannot be found at all, but one's work should still fit into the framework of the over-all body of cannon material. An SLDF unit as intertwined into the fabric of the BT universe as is the Eridani Light Horse would be doubly so. Not only must it fit the universe, but it also needs to be highly readable material. Such an effort is a labor of love. To have one's creation kicked around and one's contribution ignored or dis-claimed would be hurtful to anyone who spent this kind of time in it's creation.
Therefore if even part of the author's assertions as to how he and hs work were treated are true it is infringement whether legally found to be so or not. I also consider it a black mark on the reputation of the holders of the BT franchise.
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Revanche
03/16/10 08:22 PM
96.19.132.101
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Okay, for discussion's sake (really, I have no axe to grind): if there has been complete turnover of the franchise, both in ownership and PTB...and assuming this injustice occurred (and only to this one writer), do you feel that the current torchbearers owe some recompense to him?
Ugh...that didn't come out right. Do you think think this black mark is on the shoulders on the current torchbearers, as a burden their either must acknowledge and/or solve? Presuming your answer is yes, to what degree? What would be the fair action, in your opinion, to erase the mark?
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Cray
03/16/10 08:47 PM
173.168.115.68
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Quote:
Okay, for discussion's sake (really, I have no axe to grind): if there has been complete turnover of the franchise, both in ownership and PTB...and assuming this injustice occurred (and only to this one writer), do you feel that the current torchbearers owe some recompense to him?
There hasn't been a complete changeover; some of the current writers date to the mid-1990s.
The issue might be moot. Rodon saw Calbeck's well-written but incompletely detailed post without seeing a counterpoint. One has been provided.
So, let's not let the Calbeck issue spark another debate. That dead horse has been kicked to a pulp.
Mike Miller, Materials Engineer
Disclaimer: Anything stated in this post is unofficial and non-canon unless directly quoted from a published book. Random internet musings of a BattleTech writer are not canon.
Edited by Cray (03/16/10 08:50 PM)
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Zandel_Corrin
03/17/10 12:41 AM
123.2.140.247
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That dead Eridani Light Horse has been kicked to a pulp... 
LOL sorry Cray couldn't resist.
Galaxy Commander
Zandel Corrin
Night Dragon Clan
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Calbeck
06/23/12 12:43 PM
68.3.204.161
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Quote:
Okay, for discussion's sake (really, I have no axe to grind): if there has been complete turnover of the franchise, both in ownership and PTB...and assuming this injustice occurred (and only to this one writer), do you feel that the current torchbearers owe some recompense to him?
Let me address that:
1) No, there would not be a "complete turnover" were I held by the courts to be a co-owner of the property. Topps and I would own the property equally. They wouldn't lose any rights, I'd just have the same rights. As it stands right now, the courts do not believe Topps and I co-own the entire property. However, due to law cited by the lower court and upheld by the 9th Circuit, it appears I retain rights relative to my actual contribution --- which is essentially what I originally filed for in the first place (see "contributor to a collected work").
2) The evidence and testimony presented in court make it clear that only one person committed an injustice, and he was not authorized to do so by the company. In fact, he acted directly against the company's expressed wishes (they accredited me for my work and ordered him to do likewise, he subsequently claimed I had committed criminal plagiarism and intellectual theft).
No one at CGL is, and no one at WizKids or FanPro was, in any way, specifically liable for what happened. The worst that can be said is that when I tried to bring these issues to the attention of certain PTBs, I received no response. Ultimately, though, Loren Coleman reached out personally (not as CGL president, but as a fellow fan) and very nearly settled this hash before it got to court. I thank him for his efforts.
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