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Stampeed Valkyrie
Joined: 10 Aug 2014
Posts: 856
Location: PA
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Posted: Mon Feb 25, 2019 6:02 pm
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So kit bashing is illegal in Japan.. Seriously!?
Fail Japan. Fail.
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Nom De Plume De Fanboy
Exempt from Grammar Rules
Joined: 14 Jan 2011
Posts: 632
Location: inland US west, pretty rural
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Posted: Mon Feb 25, 2019 6:40 pm
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How illegal depends on how these were represented when sold, I think. If he said, "This is an ultra-rare all parts from Love-Live figure", that's a lie. If he said, "I stuck a Love-Live head on an Utaha Kasumigaoka from Saekano body", I don't see the problem. But I don't think he would have gotten much money if he was telling the truth, because most people could just do that themselves. I don't get exactly which he was doing from this article, but I assume he was telling the lie.
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TasteyCookie
Joined: 19 Jan 2017
Posts: 423
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Posted: Mon Feb 25, 2019 6:41 pm
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Stampeed Valkyrie wrote: | So kit bashing is illegal in Japan.. Seriously!?
Fail Japan. Fail. |
Not illegal to do it to your own figures, it's just illegal to sell them afterwards.
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killjoy_the
Joined: 30 May 2015
Posts: 2475
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Posted: Mon Feb 25, 2019 6:47 pm
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Yeah, going after the biggest crime of them all - soiling ido-
Quote: | Over the last decade, Matsuda earned 39 million yen (US$351,000) from the sale of figures on Japanese auction sites. |
Wait holy shit 35k a year is better than a lot of people's salaries. Can I get in on this
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Kruszer
Joined: 19 Nov 2004
Posts: 7994
Location: Minnesota, USA
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Posted: Mon Feb 25, 2019 7:03 pm
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[deadpan]Oh my, what a heinous most despicable crime.[/deadpan]
One entrepreneuring individual got richer and 4 dumb guys with disposable income who couldn't bother to Google got poorer but gained sexy figures they wanted as compensation.
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SilverTalon01
Joined: 02 Apr 2012
Posts: 2417
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Posted: Mon Feb 25, 2019 7:13 pm
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Stampeed Valkyrie wrote: | So kit bashing is illegal in Japan.. Seriously!?
Fail Japan. Fail. |
The real issue seems to be that a guy made a business selling unlicensed merchandise. I have a feeling if the guy was just making his own or if he only sold a handful, it would have been ignored.
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Kougeru
Joined: 13 May 2008
Posts: 5578
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Posted: Mon Feb 25, 2019 7:59 pm
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Kruszer wrote: | [deadpan]Oh my, what a heinous most despicable crime.[/deadpan]
One entrepreneuring individual got richer and 4 dumb guys with disposable income who couldn't bother to Google got poorer but gained sexy figures they wanted as compensation. |
You're confusing entrepreneuring with scamming. It sounds like he was selling them without properly advertising what they were. Furthermore, you can't legally sell things that belong to someone else's Intellectual Property. For example, you can't create a Cloud Strife plushie and sell it. People do this stuff at conventions because it's pretty small scale and they don't care but Square Enix actually does have the right to stop you if they found out. Disney and Nintendo are notorious for stopping such sales. So by modifying the figures, he's not selling the legitimate product, but rather a "Creation" of his, using the Intellectual Property of other people.
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Takizawa-Shinzou
Joined: 28 Jul 2006
Posts: 102
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Posted: Mon Feb 25, 2019 8:09 pm
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Kruszer wrote: | [deadpan]Oh my, what a heinous most despicable crime.[/deadpan]
One entrepreneuring individual got richer and 4 dumb guys with disposable income who couldn't bother to Google got poorer but gained sexy figures they wanted as compensation. |
He's not "entrepreneuring". He's abusing/stealing their IP.
Intellectual Property laws are a real thing. You can't legally make a Goku plushie and sell it. Conventions and such allow that kind of thing because they're small scale and IP holders generally don't care about small scale. Except Nintendo and Disney. They're super aggressive and will go after almost anyone for using their IPs without permission. Normally you can buy a Love Live figure and re-sell it if you don't want it anymore or wanted to sell it when it's value went up. But what he did by modifying it is he made it his "Creation". It's his creation but it uses the Love Live (and other) Intellectual Property. He didn't get permission to use their IP in that way, so he can't legally sell it.
Furthermore, he seems to have misled the buyers. So possibly false advertising/fraud. Either way, he seems more like a scam artist than an "entrepreneur"
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louis6578
Joined: 31 Jul 2013
Posts: 1875
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Posted: Mon Feb 25, 2019 8:51 pm
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This isn't the dumbest thing I've heard someone get arrested for in Japan... but it is in the top 5.
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configspace
Joined: 16 Aug 2008
Posts: 3717
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Posted: Mon Feb 25, 2019 11:09 pm
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Takizawa-Shinzou wrote: |
Kruszer wrote: | [deadpan]Oh my, what a heinous most despicable crime.[/deadpan]
One entrepreneuring individual got richer and 4 dumb guys with disposable income who couldn't bother to Google got poorer but gained sexy figures they wanted as compensation. |
He's not "entrepreneuring". He's abusing/stealing their IP.
Intellectual Property laws are a real thing. You can't legally make a Goku plushie and sell it. Conventions and such allow that kind of thing because they're small scale and IP holders generally don't care about small scale. Except Nintendo and Disney. They're super aggressive and will go after almost anyone for using their IPs without permission. Normally you can buy a Love Live figure and re-sell it if you don't want it anymore or wanted to sell it when it's value went up. But what he did by modifying it is he made it his "Creation". It's his creation but it uses the Love Live (and other) Intellectual Property. He didn't get permission to use their IP in that way, so he can't legally sell it.
Furthermore, he seems to have misled the buyers. So possibly false advertising/fraud. Either way, he seems more like a scam artist than an "entrepreneur" |
Since he bought both figures, both parts are his property. He isn't making them and then selling them as counterfeits. He is re-selling parts, but swapped of his own. Nowhere in the article did it say he's selling them as "authentic" original Love Live figures. And no one would believe such a ridiculous claim either.
In the US you can do that due to first-sale principle since physical items you bought are yours to do as you wish and resell as you wish as long as you don't violate trademarks or misrepresent them as originals. This is time tested in court and absolute. That is why there is a thriving aftermarket full of modifications for many sectors, such as cars. It isn't just individuals but big businesses that buy cars, and resell them highly customized as their own, all without need to ask the IP owner. But in Japan, that is not the case, as they don't have first-sale laws.
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BakaRocka
Joined: 19 Apr 2013
Posts: 64
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Posted: Tue Feb 26, 2019 1:52 am
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THAT much money for some figurines? Obviously, I'm in the wrong line of work
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omegaproxy
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Posted: Tue Feb 26, 2019 2:45 am
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It's like taking a official figures and turning them into counterfeit figures.
From how much money this guy was making, he's doing it for money
rather than a hobby, which creators of these characters and figures would
probably have some problem with that, when this guy isn't creating anything
from scratch (probably can't) swapping parts don't take creativity or hard work.
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Tomibiki
Joined: 08 Jul 2007
Posts: 837
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Posted: Tue Feb 26, 2019 5:37 am
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Japan been wack. I'm disappointed but not surprised.
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Kruszer
Joined: 19 Nov 2004
Posts: 7994
Location: Minnesota, USA
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Posted: Tue Feb 26, 2019 7:46 am
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configspace wrote: |
Takizawa-Shinzou wrote: |
Kruszer wrote: | [deadpan]Oh my, what a heinous most despicable crime.[/deadpan]
One entrepreneuring individual got richer and 4 dumb guys with disposable income who couldn't bother to Google got poorer but gained sexy figures they wanted as compensation. |
He's not "entrepreneuring". He's abusing/stealing their IP.
Intellectual Property laws are a real thing. You can't legally make a Goku plushie and sell it. Conventions and such allow that kind of thing because they're small scale and IP holders generally don't care about small scale. Except Nintendo and Disney. They're super aggressive and will go after almost anyone for using their IPs without permission. Normally you can buy a Love Live figure and re-sell it if you don't want it anymore or wanted to sell it when it's value went up. But what he did by modifying it is he made it his "Creation". It's his creation but it uses the Love Live (and other) Intellectual Property. He didn't get permission to use their IP in that way, so he can't legally sell it.
Furthermore, he seems to have misled the buyers. So possibly false advertising/fraud. Either way, he seems more like a scam artist than an "entrepreneur" |
Since he bought both figures, both parts are his property. He isn't making them and then selling them as counterfeits. He is re-selling parts, but swapped of his own. Nowhere in the article did it say he's selling them as "authentic" original Love Live figures. And no one would believe such a ridiculous claim either.
In the US you can do that due to first-sale principle since physical items you bought are yours to do as you wish and resell as you wish as long as you don't violate trademarks or misrepresent them as originals. This is time tested in court and absolute. That is why there is a thriving aftermarket full of modifications for many sectors, such as cars. It isn't just individuals but big businesses that buy cars, and resell them highly customized as their own, all without need to ask the IP owner. But in Japan, that is not the case, as they don't have first-sale laws. |
It's this exactly. The parts were all his, rightfully purchased, and I didn't see anything in the article of him scamming or misrepresenting them either. Those people got what they paid for as advertised. He just found a loophole.
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Greed1914
Joined: 28 Oct 2007
Posts: 4625
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Posted: Tue Feb 26, 2019 9:58 am
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Kruszer wrote: | [
It's this exactly. The parts were all his, rightfully purchased, and I didn't see anything in the article of him scamming or misrepresenting them either. Those people got what they paid for as advertised. He just found a loophole. |
I'm not sure it's much of a loophole if he got arrested for doing it.
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