DC Comics Prevails In Batmobile Copyright Dispute 115
think_nix writes "Wired reports of U.S. District Judge Ronald S. W. Lew siding with DC Comics in the federal copyright court case against Gotham Garage owner Mark Towle. DC accused Towle of selling 'unlicensed replica vehicle modification kits based on vehicle design copyrights from plaintiff's Batman property, including various iterations of the fictional automobile, the Batmobile.' Lew noted that 'DC Comics pleads sufficient facts to support its allegations. Although, generally copyright law does not apply to "useful articles" such as autos.'"
On to other things (Score:5, Funny)
I guess I can no longer count on my plan to sell copies of Wonder Woman's invisible jet to make my billions.
Re:On to other things (Score:5, Funny)
I guess I can no longer count on my plan to sell copies of Wonder Woman's invisible jet to make my billions.
Thats why I am taking a leaf from Zynga and intend to sell copies of the Amazing Maiden's Optically Stealthy Turbofan Aerial Craft!!!
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It seems to work for the US Federal Reserve Bank...
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By using two wrong tickets?
Re:On to other things (Score:4, Funny)
No, no, dummy. Everyone knows two wrongs don't make a right.
What he needs are actually three LEFT tickets. That'll sort him.
I stand corrected sir! (Score:2)
And thank you, you made me laugh.
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two wrongs don't make a right, but two Wrights will make an airplane.
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Mr. and Mrs. Wong, arriving in America from China, met a man named Orville and told him that their son was going to invent a powered flying machine. Orville replied, "Sorry, sir, but two Wongs don't make a Wright."
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No, no. What he means is, his ticket fell over. So, in order to right it, he needs some frame, or lever, or something, made out of transparent aluminum. Since nobody makes transparent aluminum, he has to make it himself.
If you can make it yourself, then you can right your own ticket, rather than having to get someone else to right it for you.
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http://en.wikipedia.org/wiki/Aluminium_oxynitride [wikipedia.org]
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Actually, an invisible jet has utility beyond merely looking like Wonder Woman's. So that may be okay.
If I invent an invisible jet, I guess I'll have to talk to a lawyer.
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If I invent an invisible jet, I guess I'll have to talk to a lawyer.
I think the Air Force would pay you a shitload of money for an invisible jet. After all, that's what stealth technology is all about.
Re:allogations.... (Score:5, Funny)
MY EYES!
I looked at that page - and It was like...
Wearing Ed Hardy, on LSD, IN HELL!
Re:allogations.... (Score:5, Informative)
Wow... Someone read too many comic books and not enough of other reading material to develop proper spelling....
Actually, comic books are chock full of big words, and they're nearly always used properly (when used improperly, it's for comedic effect). Super villain soliloquies and/or banter are especially verbose, and I remember having to reach for a dictionary as a child.
I'm actually ok with this (Score:1)
I just Hollywood looks at Star Trek and the pads they were using , and knock on Apples door for a few billion dollars.
Re:I'm actually ok with this (Score:5, Interesting)
There is a difference between 'a device inspired by, and with similar functionality to' a fictional device, and 'a device who's sole selling point is it's resemblance to a fictional device'. An iPad and a PADD may be conceptually related, but no more than Burger King and McDonalds are conceptually related. (Less, probably.)
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There was also never a PADD that actually looked like an iPad.
Re:I'm actually ok with this (Score:4, Insightful)
I dunno...this one [nocookie.net] looks kinda close.
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No, it doesn't.
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Yes, it does.
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No, it doesn't, not even one detail.
Re:I'm actually ok with this (Score:5, Funny)
If you two don't stop it I will pull this thread right over! :)
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He started it!
Re:I'm actually ok with this (Score:4, Interesting)
I wish the dude with the mod-points to burn had read the context of this conversation. But, since he didn't catch the original post about inspiration vs. duplication, I guess I have to expand my point even though that nice simple little picture very clearly shows a not-iPad.
- Wrong size.
- Wrong aspect ratio.
- Wrong color.
- Recessed screen.
- Buttons on the bezel.
- No rounded corners.
- Access panels in the back, presumably for upgrades or replacable battery.
- Bulge on the back of the device. (see http://www.youtube.com/watch?v=-yrSbfQFP2Q [youtube.com])
So what's similar about it? Umm.. well... Sisko's using an app that does look strikingly like something from the iPad app store. And beyond that? Well... erm, no, it's really not similar at all, especially when this conversation only comes up when talking about Apple's lawsuit over the Galaxy Tab. And you know what? That detail alone really makes this discussion amusing. In an attempt to show how iPad like a Star Trek PADD is, a screengrab of a prop that would fail ALL of Apple's objections to the Tab is presented to us!
The silliness of this doesn't stop here. That app we see running on Sisko's PADD is what makes this reference come up. Most of the time we see a PADD on Star Trek, besides not physically looking at all like an iPad, the actors we see using it aren't tapping on the screen with their finger, they're tapping at buttons at the bottom of it or using a stylus! If 15 seconds of Star Trek canon were erased this discussion would be over before it began!!
*Sigh*. Shame on me for being an obsessed Star Trek fan who also owns an iPad. That makes me a loser. I accept that. However, type 'PADD' into Google Image Search and see for yourself.
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The funniest thing is, that the designers of the TNG Pads and Graphics now work for Apple.
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Oh? Do you have some specific info on that? I know some of the illustrators from the various shows and they're all working on movies...
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Point now moot. [apple.com]
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Why, does that app change the shape of the device when you install it?
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it's tacit approval from Paramount over the PADD design.
Further more, to the point of the whole thread, no. Paramount shouldn't send an army of lawyers to Apple's doorstep. Unlike this guy, apple isn't putting 'PADD | STAR TREK | more SEO junk here" in their title tag of their product.
However... the ones being sued are. [slashdot.org]
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it's tacit approval from Paramount over the PADD design.
No, it isn't. It's a marketing tool from CBS. Heh.
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oops.
They are. [gothamgarage.net]
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except that hollywood copied the padd idea from the tablet concept that had been around a lot longer
Re:I'm actually ok with this (Score:5, Insightful)
if I had to choose between iOS and LCARS I'd take iOS.
Ever look at an LCARS interface? jesus, who designed this? Space aliens? Oh wait...
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I wish.
Things which LCARS had which don't seem to be showing up in graphical interfaces:
- customizable / auto-configuring button / command layouts
- chording where one can press multiple on-screen buttons at once to activate complex commands quickly
- easy / automatic sub-division of the screen to allow for multiple applications to be running while preserving state of those already in place and no sense of a need to switch from one to another (no click to focus --- tapping a button on
Somebody please... (Score:4, Funny)
Please put that awful website out of its misery. Slashdot it, take an axe to the servers, email how-to documents to its perpetrator ( rhondamazurek@gmail.com ), I don't care! Get it out of my eyes!
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View source and check out the keywords. They are amazing:
Batmobile Replicas,1966 batmobile replica,1989 batmobile replica, 89 batmobile, fiberglass freaks, batmobiles, batman cars, batcar, gotham garage, batmobile replica forum, batman automobiles, batmobile, chicks love the car, 66 Batmobile, 1966 Batmobile, 1989 batmobile, Magichouse, logansport, Indiana, Racop, Sandburg, Barris, batmobile, George, replica, Fiberglass, Freaks, batparts, batman, indiana, parts, bat, futura, lincoln, 1966, mark, builder, kits, butts, buybatparts, beacon, radir, fiberglassfreaks@yahoo.com, www.buybatparts.com
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I was about to dismiss that with a "You make a better one then." or even a "As if Web 2.0 is an improvement!?".
Then I noticed the lack of alt text, but for a site meter image that's tagged with an alt of...Site Meter. Travesty confirmed.
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It is pretty bad but are all the sites that use CMSs and all look more or less like WordPress really any better?
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Now come on, they are car mechanics not webdesigners.
Surviving dismissal motion != prevailing (Score:5, Informative)
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take a look at the facebook page, DC will win
From DC Comics (Score:2)
This is /. telling you (Score:2)
About the pending Appeal to this case.
DC comics has better things to do than sue kit-car makers. Not as if DC is competing in this arena.
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Also, copyright law is one of the most distorted laws we have, however it's distorted far, far more in the favor of rightsholders. Copyright is only supposed to cover expressions, so the batmobile should not be covered by copyright at all, just a particular drawing or verbal description of it.
Not fair (Score:5, Insightful)
I would, but Bill Finger and Bob Kane are dead. (Score:5, Interesting)
Since the Batmobile debuted in 1941, using the copyright rules in effect of the times, the name would be public domain since 1991. Since our congressmen are apparently paid by Disney, this date was pushed to 2011 and now 2031. Let us try to guess how much in royalties the descendants of the creators of the name Batmobile will get. Lets see... Oh yes they will get ditkuss.
Bill Finger probably made a total of 50K off of batman his whole goddamn life. So I am not crying for DC here.
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A good portion of the revenue of these companies comes from licensing merchandise. Of course they will try to enforce their copyrights. The question here is that if copyright is strong enough to be a basis of a claim on a car design, these stuff are usually protected by design patents.
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"If I remember correctly the original was a one off by George Barris"
Four were built. Three fiberglass copies and one from the prototype Lincoln Futura.
http://www.1966batmobile.com/replica.htm [1966batmobile.com]
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"Any resemblance to DC Comics vehicles is purely coincidental."
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If someone wants to plunk down (presumably) big bucks to fulfill a childhood dream, they should be able to.
Does their childhood dream actually involve having someone else rip off the artist who created the thing about which they've been dreaming? Do they think that the Batmobile they're lusting for was some sort of natural resource that just sprang into existence? Or does the particular design they have in mind perhaps have, you know, a designer who invested the time in making it dream-worthy in the first place?
I can see this being a problem for a mass-produced replica or knock-off toys, but the kind of buyer for this product does not have any other choice than to get one custom made.
So, basically, you've got non-scalable, situational ethics. That's got to be really hard to keep tra
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Does their childhood dream actually involve having someone else rip off the artist who created the thing about which they've been dreaming? Do they think that the Batmobile they're lusting for was some sort of natural resource that just sprang into existence? Or does the particular design they have in mind perhaps have, you know, a designer who invested the time in making it dream-worthy in the first place?
Do you believe a single penny of licensing fees would go to the designer? Because that's pretty much your whole rant.
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George Barris has already been well paid for his original work in designing the original car for a specific purpose. Also, according to your logic, Barris should be continuing to pay Ford/Ghia licensing fees for the rights to continue making money from the Futura's design instead of "ripping off the artist" that created it. How much of the replica merchant's licensi
Every publicly traded company is for sale (Score:2)
Fan Props too? (Score:1)
How will this ruling be applied to Fan made props. There are many how's on replicating Star Trek props (http://www.instructables.com/id/how-to-make-a-wooden-phaser/). Does this ruling now stop me from making them? Selling them at a convention? How much would replica need to differ to bypass this? This really seems ripe for abuse.
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Just think of the money the studios could make off everyone at ComicCon.
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Won't be applied to Fans made stuff if they are made for them own use (i.e. not resale) that's the point of this lawsuit.
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Paramount served every maker of replica Star Trek Props with Cease and Desist orders in the mid 90's.
Even Richard Coyle who was negotiating in good faith for a license, and Paramount denied. Richard made many of the props used in the Star Trek movies.
Today, fans can make their own replicas. There are several companies with licenses to make replica props.
And there are still several garage kit companies selling kits of various qualities and accuracy that just fly under the radar.
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How ironic...
Paramount sued all the related Star Trek material.And then the franchise died.
This is what executive's don't understand.
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You're exaggerating. Paramount did "sue" ALL the producers of fan made merchandise
A "Cease and Desist" letter isn't a lawsuit.
And Star Trek is far from dead. The sequel to the 2009 movie is currently filming, and several fan based shows are in production.
Star Trek: Phase II is about to release "The Child." Based on a script written for the aborted second series in 1979. The script was adapted for a TNG episode, but this will be as originally conceived and directed by Jon Povil who wrote it.
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?????
Star Trek dead?
I bet the author of that post lives in the evil bearded universe.
Star Trek seems alive and well here.
Don't fuck with the Batman. (Score:2, Funny)
If all he got was a lawsuit, count himself lucky...
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No need to take bets, we already know who wins.
Mr. Rogers [newgrounds.com]
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Batman VS Chuck Norris.... Now taking bets on the victor!
Not Chuck Norris, Chuck Barris.
useful article (Score:1)
From the order, "Defendant's argument, however, ignores the exception to the "useful article" rule, which grants copyright protection to nonfunctional, artistic elements of an automobile design that can be physically or conceptually separated from the automobile."
If you really think this through, the fender of the car cannot be separated from the car as a stand-alone work -- the same for the hood, the driver's seat, the steering wheel, and so on. The only thing that could really be separated from the car as
Sue Sue Sue (Score:1)
Doesn't this mean that all the automobile companies can now sue DC comics for drawing pictures of their cars?
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And B.C. comics can sue the auto-makers for use of the invention of the wheel.
IP leads to perpetual lawsuits.
Copyright protects the expression not the idea (Score:4, Interesting)
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If I had moderator points, I'd mod you up. This is definitely a transformative use [wikipedia.org] of the copyrighted material, and thus under Fair Use.
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Before you rant - you really should read up on patents - try this link [wikipedia.org].
It would be too annoying going thru the checklist (Score:1)
Every time I wanted to go to the 7-11 it would be 5 minutes of...
Atomic batteries to power.
- Check
Turbines to speed.
- Check
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If you can't take the Rolls or send your manservant then you're not really committed to the idea.
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"Seriously, if the rights owner doesn't wish to persue selling it or licensing the right to produce it, then why shouldn't businesses be able to jump right in (after a sufficient number of years has passed) and start making whatever it is? Because if it ends up abandoned, then it's of no use to anyone!"
Because there can be many reasons for not wanting something reproduced, and just because someone doesn't want to sell or license something they have created doesn't mean they have abandoned it.
I've written sh
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Cars? (Score:3)
So we can download a car, if we really want to.
Similar Cobra lawsuit, but FactoryFive won (Score:3, Interesting)
Factory Five [factoryfive.com] makes Shelby Cobra replicas. Carroll Shelby sued to get them to stop in 2000. He lost. He tried again recently for the coupe version. Lost again, with predjudice. Only major change I'm aware of as a consumer is that FactoryFive can't use the term "Cobra" to describe their product. Here's their celebratory press release. [factoryfive.com]
Seems like Gothem Garage should review this case and maybe change their advertising.
Towle doesn't have a license... (Score:1)
DC Comics licensed one guy named Mark Racop to build these cars.
Mark Towle however, made the prototype for the licensed Speed Racer Mach V that was sold some time back (based on a Corvette chassis.)
Mark Towle does great work, his cars are really top notch!
But, unfortunately DC Comics believes there's only room for one licensee for Batmobiles in the market.
Making replica Futuras would be a great idea. But, that would be a very tiny market, even compared with Batmobiles.
Towle does good work, many famous peopl
I really hope DC plans to release a Batmobile (Score:1)
Hope springs eternal.
However, this lawsuit seems to be the result of "intellectual property holders" being goons.
From their forum (Score:1)
No great achievement there (Score:2)
So I can buy these from DC comics then? (Score:5, Insightful)
This is where the whole idea of copyright goes to shit. I'd be totally behind the content owner if they were in direct competition with the garage, i.e. DC Comics also sold car modification kits.
I can see how piracy could lead to lost sales.
I can see how creating duplicate products can lead to lost sales.
What I can also see is the net end result here won't bring in any money for DC Comics, doesn't affect sales, and removes a product people were buying without any alternatives.
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I can see how piracy could lead to lost sales.
I can see how creating duplicate products can lead to lost sales.
You're not allowed to say things like that here, everyone will call you a shill for the MAFIA or something.
Load of Crap (Score:2)
What a load of crap. It's not as though the sales of this Batmobile are cutting into the profits of DC Comics Batmobile sales. If anything, it helps spur interest in the franchise to see one of these tooling down the street. This just makes me hate DC.
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Since there IS a licensed Batmobile maker, your post is wrong.
http://www.fiberglassfreaks.com/ [fiberglassfreaks.com]
There is a limited market for Batmobile replicas. And every car Towle sells means one less sale by the licensee.
So yes, DC is being damaged. They lose the per-car licensing fee from each car sold by a non-licensee.
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To DC, it's stealing money. From them.
If you've never authored a work and had it pirated (I have and bought a copy of my work on eBay, expecting it to be a genuine copy and received a Xeroxed manual and a copied disk.), you don't know what it's like.
DC is within it's rights to enforce their copyright on the car. They have to, because after decades of wrangling, they got all the ownership issues sorted out and have been releasing toy cars and models.
In order to have a license to sell to toy and model compani
Are they going to sure Justin Beiber (Score:2)
I'm a little confused here... (Score:2)
If Towle was making replicas of the Batmobile from the original TV series, I'd think that George Barris and/or series producers Greenway Productions / Twentieth-Century Fox Television (and maybe Ford Motor Company) would have a greater claim than DC comics, who only started using the Barris design in the comic books after the TV series started.
Now if this is all about the word "Batmobile", then DC has "prior art"