For those of you unfamiliar with the USA’s Digital Millennium Copyright Act, it’s a law that gives an expanded set of powers to holders to defend their copyrights. One of these powers is to send a “take down request” to websites when they believe some of its content is infringing. If the website doesn’t remove the content, the holder of the copyright can then take legal action.
In this case, Games Workshop, makers of miniature games such as Warhammer, have demanded the take-down. The especially interesting part of this is the infringing content isn’t an image, movie, or song like most of the copyright fights we’ve seen. Instead, this is a digital representation of a 3D shape of a Warhammer 40K tank.
What’s In a Name?
With the continual expansion of 3D printers, a subculture of 3D design has also grown up online. In this case, the author, 3dYeti, has designed a shape that is reminiscent of an 40K tank. It’s not a copy with a laser scanner, and it’s not a meticulous reproduction. It’s just similar.
It seems like a bit of a stretch to issue a takedown on an electronic representation of a physical shape. It’s not even an especially accurate electronic representation. Should they be able to issue a takedown on a picture of one of their products? How about on detailed instructions on whittling one out of wood?
Unfortunately, since he’s titled his shape ”Warhammer 40k Imperial Guard Leman Russ Tank”, that’s the opening Games Workshop needs. If he’d just called it “Scifi Miniature War Game Tank”, he’d have been fine. How many cheap knock-off toys show up in the stores that are suspiciously similar to name brand ones? In this case, Romeo, there’s a lot in a name.
Growing Trend
I think the applications for this in RPGs are only going to grow as 3D printers become cheaper and easier to use. Want a new mini? Print one out! Can’t find one fitting your character? Design it yourself, or modify somebody else’s design to add in the mustache and big sword, and then print it out.
This also means we’re going to see more of these takedown orders, and the subsequent lawsuits. There are already five hits on Thingverse with a search of “DnD”, which mostly seem to be dungeon pieces. I’ve got to say, some of it looks pretty cool. So far it seems to be original designs, and not clones. However, they may regret using names like “Modular DND Map“, which looks awesome by the way.
If you’re a maker/gamer interested in 3D design, more power to you! You’re blazing a trail that many more will follow. Please print off a “Modular Map” for me! Just be careful what you call your creations. Much like nobody expects the Spanish Inquisition, nobody wants a brush with the DMCA.
Via Cory Doctorow via Boing Boing
Have you combined Making and gaming? Do you have an opinion on this takedown request? Did you, in fact, expect the Spanish Inquisition? Let us know in the comments!
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So I’ve spent a lot of time building certain very expensive GW models from scratch in the past (as opposed to buying them), and I feel like that’s something they encourage.
I checked out your link, however, and 3D Yeti didn’t just name the file “3D Leman Russ etc.”; he proposed it as a design for an actual model to be used in Warhammer 40k- in place of a licensed GW kit. He DOES cop to not scanning the actual pieces and using a rendering program to publish plans on the net.
But he screwed himself by declaring to the WORLD wide web that 1. “This is an unofficial/unlicensed” 2. “Imperial Guard Leman Russ Tank” used for 3. “Warhammer 40k.”
Points 2. and 3. are licensed Games Workshop property that he then attaches to his design (by proxy), and I’m sure point 1. was to indicate to the masses that GW didn’t officially endorse his plans. Which is exactly the problem, as defined by the licensing involved in points 2. and 3.
Had he labeled the model “sci fi war games tank” and published the files, I wonder how much issue GW would have taken with it. Undeniably, the fact that he’s promoting his copy as an alternative to their licensed property (model) for use in their licensed property (game) is what drew their ire.
I imagine one would find the same problem if one began writing and illustrating original web comics of Spider-Man, then publishing them as an “unofficial, unlicensed” alternative to comic books that now cost too much.
Disney would have one’s ass in a minute.
Likewise, GW is a pretty sizable global company, and they tend to give their hobbyists a looooot of latitude. And I bet they pay their lawyers a lot. So he should just be proud that he gained their considerable legal attention, change the name of his design so it doesn’t infringe on GW’s licensing, and pat himself on the back for being a damn good modeler.
And I ALWAYS expect the Spanish Inquisition.
They showed off one of those 3D printers on the Colbert report and the first thing I thought was that it would be great to make miniatures… still a bit too pricey for me, but I can’t wait for that technology to become more affordable.