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Spots The Space Marine
Feb. 6th, 2013 10:48 amComes news today that, according to M. C. A. Hogarth, Games Workshop, a computer gaming company is trying to trademark the term 'Space Marines.' The author discovered this when the gaming company contacted Amazon to have her original novel "Spots The Space Marine" blocked from Amazon. (It's still available at Barnes & Noble and Smashwords). Now, I am not a lawyer, but as a reader of science fiction I can tell you the term "space marines" has been used liberally in fiction going back to the 1930s. It certainly doesn't appear to me that Games Workshop has a leg to stand on.
However, they have lawyers and money, and M. C. A. Hogarth has neither. So, as of this writing, Games Workshop is winning by default. This points out one of the many problems with self-publishing and, for that matter, micro-presses - lack of resources. Had Hogarth published with a larger press, Games Workshop and Amazon would both be getting savaged by the large press's lawyers. Again, not a lawyer, but I suspect that Amazon at least wouldn't have pulled the book.
There are many advantages to self-publishing, but like all things, there are disadvantages as well.
I'll add that this is yet another demonstration as to why libertarianism cannot and does not work. Games Workshop has to know that they can't win this case. They instead plan to run out the clock in court, which even in our very non-libertarian society they may be able to do. Remember this the next time that a libertarian tells you "well, just sue X!"
However, they have lawyers and money, and M. C. A. Hogarth has neither. So, as of this writing, Games Workshop is winning by default. This points out one of the many problems with self-publishing and, for that matter, micro-presses - lack of resources. Had Hogarth published with a larger press, Games Workshop and Amazon would both be getting savaged by the large press's lawyers. Again, not a lawyer, but I suspect that Amazon at least wouldn't have pulled the book.
There are many advantages to self-publishing, but like all things, there are disadvantages as well.
I'll add that this is yet another demonstration as to why libertarianism cannot and does not work. Games Workshop has to know that they can't win this case. They instead plan to run out the clock in court, which even in our very non-libertarian society they may be able to do. Remember this the next time that a libertarian tells you "well, just sue X!"
