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Steampunk Heroes deck - now in legal limbo

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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #50 on: July 16, 2012, 10:11:11 AM »
 

Don Boyer

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It would still be nice to hear what happened, or if it's going to come back. Kind of a slap in the face to the backers to leave us without anything.


Consider it from Himber's point of view.  He's probably hip-deep in this mess and trying to find a way out for him and his project.


I hate to say this, but I think the likeliest of all possibilities is that the lawyers over at either Lego, USPC or both got skittish and started flinging paper at each other and Himber.  I thought it was kind of too quick and easy about how he got the authorization to go ahead with the project.  Perhaps he thought he was legally OK but actually wasn't?  Or at the least is still swimming around in red tape trying to sort this out and still bring the project to the world?


Only time (and Himber) can tell...
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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #51 on: July 16, 2012, 12:13:30 PM »
 

Paul Carpenter

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I have no knowledge on this one, but I can't imagine the pile of legality you would have to go through to make this kind of thing possible. You'd need USPCC, Lego and Kickstarter lawyers all 100% happy. Large brands like that are FIERCELY protective of their image and anything even remotely against their standards, previous work, official licensing, current marketing, etc will generally be nuked from legal orbit.

It's a sweet project, hope it comes back but I would not want to be in charge of it.
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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #52 on: July 16, 2012, 06:10:56 PM »
 

4pm Designer

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I've been following this deck like everyone else and I too was skeptical considering the licensing. Sure there's decks that exist that bare similarities or are inspired by other intellectual properties. The Grid is an example of how a product can receive skepticism due to its similarity to existing properties. This is ok to do as long as you dont feature someone elses designs/product. The Core deck on kickstarter is also a good example. Its inspired by Iron Man and has his core reactor. However, he doesnt feature Iron Man nor the actual core reactor, the creator designed his own core reactor. In copyrighting a product, you can only copyright the design and execution of the product, NOT the idea. You can make a chair with your own design and take on the chair but you cant get sued by the creator of the chair just because it has a backing, seating and four legs. Those are the ideas which bring it together, but not the design and execution. Now it's tough when you have a product and say you have no affiliations to an IP then actually feature the IP as your product. There's no way you're going to avoid the proper legal leg work. I work in the motion picture industry and have had my fair share of dealing with IPs. It's no easy matter.

However, from the looks of things, this project was removed, not cancelled. When someone cancels a project on kickstarter the page can not be deleted. It just remains there but says the funding was cancelled. This project however, simply vanished with no trace. It appears it was taken down directly by kickstarter. If this was a legal issue, My assumption is Lego's legal team contacted kickstarter directly for a cease and desist. Kickstarter has to approve your project before it goes live, so they obviously saw the property and took their word for it and went live. Then here comes Lego, "blocking" the project. See what I did there lol sorry I couldn't help it.

I'm anxious to hear what the creators have to say about the ordeal.
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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #53 on: July 16, 2012, 08:39:40 PM »
 

vmagic

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You make a good point, this wasn't cancelled, it was removed!
 

Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #54 on: July 17, 2012, 11:55:39 PM »
 

jmrock

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Perhaps someone could explain what the difference is between being canceled and being removed... Sounds the same to me...
 

Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #55 on: July 18, 2012, 01:25:45 AM »
 

Don Boyer

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Perhaps someone could explain what the difference is between being canceled and being removed... Sounds the same to me...

When a project is canceled, the creator decided to fold it up - the page remains on the site.

When a project is removed, that's Kickstarter, taking the page down.  In this case, it was likely at the insistence of a handful of lawyers waving cease-and-desist letters...  The page is not on the site, the project doesn't come up in searches - it's as if it never existed in the first place.
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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #56 on: July 19, 2012, 12:26:52 PM »
 

jmrock

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A little snafu, it's being worked out?  We haven't heard from this guy in a week... But boy was he on here wrong and strong just promoting the mess out of his deck... Perhaps an update, explanation, or really anything for that matter... If it did go live again, I'm out... For the Cosmo reasons, and the silence from Himber... Another poor example of how to handle a situation...
 

Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #57 on: July 19, 2012, 03:09:08 PM »
 

Don Boyer

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A little snafu, it's being worked out?  We haven't heard from this guy in a week... But boy was he on here wrong and strong just promoting the mess out of his deck... Perhaps an update, explanation, or really anything for that matter... If it did go live again, I'm out... For the Cosmo reasons, and the silence from Himber... Another poor example of how to handle a situation...


For all we know, he's unable to discuss it - either by cease-and-desist or the advice of his own attorney.
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Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #58 on: July 27, 2012, 08:50:26 PM »
 

Himber

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A little snafu, it's being worked out?  We haven't heard from this guy in a week... But boy was he on here wrong and strong just promoting the mess out of his deck... Perhaps an update, explanation, or really anything for that matter... If it did go live again, I'm out... For the Cosmo reasons, and the silence from Himber... Another poor example of how to handle a situation...


For all we know, he's unable to discuss it - either by cease-and-desist or the advice of his own attorney.

Thank goodness somebody 'gets it'

More when I can share, NOT before

Best,

GH
 

Re: Live on Kickstarter -- Steampunk Heroes !
« Reply #59 on: July 28, 2012, 02:07:31 AM »
 

Don Boyer

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For all we know, he's unable to discuss it - either by cease-and-desist or the advice of his own attorney.

Thank goodness somebody 'gets it'

More when I can share, NOT before

Best,

GH

And there you have it.  For legal reasons, he's UNABLE to discuss the deck or the project.  It has nothing to do with terrible customer service.  It's seems clear that he'd like to post all about it, but simply can't.

Good luck in your battle of the attorneys.
« Last Edit: July 29, 2012, 01:21:00 AM by Don Boyer »
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Re: Steampunk Heroes deck - now in legal limbo
« Reply #60 on: July 28, 2012, 10:38:46 AM »
 

vmagic

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Too bad he didn't clear his legal issues BEFORE he decided to sell them, this deck is probably dead.
 

Re: Steampunk Heroes deck - now in legal limbo
« Reply #61 on: July 29, 2012, 01:24:46 AM »
 

Don Boyer

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Too bad he didn't clear his legal issues BEFORE he decided to sell them, this deck is probably dead.

Don't write it off completely just yet.  It's not beyond the realm of possibility that his lawyers can help hammer out an approved deal with Lego.  Though if that's the case, there's a chance that Lego would want to print the deck themselves - or a watered-down version of it using only Legos made by Lego and not altered.  Alternately, instead of watering it down, it's possible that Lego will even MAKE a series of "Steampunk Heroes" Lego sets to go with the deck - they really love when artists use their blocks in creative and imaginative ways; it helps them sell products.
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Re: Steampunk Heroes deck - now in legal limbo
« Reply #62 on: August 09, 2012, 10:30:26 PM »
 

NathanCanadas

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Well, I truly hope this will be solved and the deck will soon be rolling back once again. Good luck!
 

Re: Steampunk Heroes deck - now in legal limbo
« Reply #63 on: December 11, 2012, 07:31:40 PM »
 

Himber

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While I wait for Steampunk Heroes REDUX to get ready I have another deck coming to Kickstarter. 

The Freakies!

 

Re: Steampunk Heroes deck - now in legal limbo
« Reply #64 on: December 11, 2012, 07:43:31 PM »
 

loldudex2

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That deck looks sweet! I love the strangeness and the cereal theme!

I really hope the tuck box will look like a cereal box!
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Re: Steampunk Heroes deck - now in legal limbo
« Reply #65 on: December 11, 2012, 09:15:33 PM »
 

Knobz1

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Ummm..........yeahhhh..........I'm at a loss for words.
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Re: Steampunk Heroes deck - now in legal limbo
« Reply #66 on: December 11, 2012, 10:21:57 PM »
 

Evan

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 :mindf-ck:   


(word count)
 

Re: Steampunk Heroes deck - now in legal limbo
« Reply #67 on: December 12, 2012, 01:04:14 AM »
 

Don Boyer

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Wasn't this a real cereal, back in the day?  Have you checked for trademark and copyrights on it this time around?  These awesome ideas you have will all end up as nothing but pipe dreams without the rights to use the images and concepts.
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Re: Steampunk Heroes deck - now in legal limbo
« Reply #68 on: December 12, 2012, 10:11:49 AM »
 

Himber

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Wasn't this a real cereal, back in the day?  Have you checked for trademark and copyrights on it this time around?  These awesome ideas you have will all end up as nothing but pipe dreams without the rights to use the images and concepts.

Yep, I have full releases and support from Freakies LLC.

Side Note, RE: Steampunk Heroes, I had a written sign off from the Big 'L' company before the project went to Kickstarter ( this was a requirement from USPCC ).  They are a big Corporation , one might even say HUGE, and
the Left hand had some different opinions than the Right hand regarding some elements in the Steampunk Deck.

The result is that it has taken the Steampunk deck into a slightly changed, though thoroughly Mind-Blowing direction.
When I can share the REDUX version I certainly will do so.
: )

Patience, lil Grasshopper, patience....
 

Re: Steampunk Heroes deck - now in legal limbo
« Reply #69 on: December 12, 2012, 11:52:57 AM »
 

Don Boyer

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Side Note, RE: Steampunk Heroes, I had a written sign off from the Big 'L' company before the project went to Kickstarter ( this was a requirement from USPCC ).  They are a big Corporation , one might even say HUGE, and
the Left hand had some different opinions than the Right hand regarding some elements in the Steampunk Deck.

The result is that it has taken the Steampunk deck into a slightly changed, though thoroughly Mind-Blowing direction.
When I can share the REDUX version I certainly will do so.
: )

Patience, lil Grasshopper, patience....


Sounds great!


I don't see why you needed to even mention Lego these days.  Aren't there other similar products (Kreo, Duplo, etc.) on the market?  Why even mention a product at all - just show interlocking blocks that are generic enough that they could be anyone's blocks and that should have covered your butt on Steampunk Heroes.  But regardless, you seem to have things covered with the REDUX version, so keep us posted - don't make us have to hunt you down...  :))
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