TK-4510 wrote:
You guys may have already discussed this, but I didnt feel like going back that far. I guess AA can now produce his helmets, but cannot sell to America? I consider that a WIN for him. Nobody from America can afford his helmets anyway. This also means that he can still sell to the rest of the world. He is going to make bank legitimately.
An excellent observation.
I also read some media articles how LFL was "struck down" or how "both sides" claimed they won, etc. My observation of lawsuits in general is that, whenever possible, both sides will try to claim victory. It kind of reminds me Saddam at one point claimed victory - he was either delusional or he did that just to piss Bush off after spending millions of dollars on the war in Iraq.
With respect to the LFL vs. AA lawsuit, the concept of victory here depends on its definition, and how long it will last. Bear in mind that sometimes a legal battle spans multiple lawsuits. Each lawsuit will cover multiple points. It's expected that the Claimant will win some points and lose others. Ultimately, what do you walk away with after the Judgment? Is the ball closer towards the goal?
For LFLThe major win is the recognition by the British courts of AA's copyright infringement and recognizing LFL as the owner of the SW franchise. Even though the Judge didn't enforce the law against Ainsworth for his specified reasons, it was not that he was unwilling but it was the extent of applicable law. However - and this is a BIG plus to LFL - the Judge basically gave them a HUGE clue as to quite possibly a better venue for pursuing enforcement and damages: industrial law. (This might create a precedence for movie props to be protected under industrial law, similar to how engine parts, etc. are protected.)
What one must bear in mind is that even though Ainsworth was a no-show for the U.S. trial, Judge Mann accepted the U.S. ruling and therefore Mann's Judgement has established a precedent in the U.K. courts. LFL has now a stronger legal footing and will not have to re-argue the copyright infringement angle when they pursue Ainsworth via industrial law.
So in Round 2 of LFL vs AA, what did LFL walk away with? Recognition of IP, which has been the primary force of their fight. A HUGE win, in my observation. Not quite "THE" win they wanted, but it's a huge step in the right direction.
For AinsworthThe fact that the Judge did not enforce the judgment might be interpreted as a victory - especially if you add on top of that the possibility of his selling his wares to any country outside of the U.S. LFL does not have to go to each and every single country to block Ainsworth; just the UK.
Ainsworth only has a temporary reprieve. He is not completely out of the woods in the grand scheme of things. That the law could not be enforced against him, etc. were technicalities and not because of Ainsworth's evidence and amazing abilities at furnishing information. J(udge Mann exposed the absolute weakness and unreliability of Ainsworth's testimony. The Judgment of the lawsuit serves as a permanent public record of Ainsworth's unremarkable performance in court. The Judge's thoughts towards Ainsworth are extremely clear... and he was more than polite considering the facts.) In other words, Ainsworth got
lucky. In my opinion, it takes considerable arrogance to rebrand that luck into a victory.
So for Round 2, what did Ainsworth walk away with? Ainsworth is basically on borrowed time. Ainsworth's reputation has reached new depths, and the inaccuracies and untruths of his authorship claims have been revealed. There is no basis for his countersuit. From here on, Ainsworth will have a very difficult time counter suing LFL for Round 3 because even the credibility of the countersuit has been shot down. Depending on the Judge, the results of this Round 2 lawsuit and countersuit may have serious effects on how Round 3 plays out. At least here in the States, in certain courts, if you fail in a countersuit, you can lose credibility.
So...
The proverbial scrummage has ended, and the ball is much closer towards Ainsworth's goal. The fact that the ball hasn't quite touched-down into Ainsworth's goal posts is for him a minor and momentary reprieve. If you don't think there is going to be Round 3, sure, you can interpret it as a victory. At this point, however, Ainsworth has exhausted his "evidence" and his testimony leaves much to be desired. His countersuit was hot air, and so if the Round 3 scrummage doesn't level him, he will find he's lost a lot of footing.
My guess is that he will continue to sell stuff to desperately raise money to defend himself for Round 3. You'll always have misinformed fans who will continue to believe that he is the holy grail of all things stormtrooper and won't hestitate to continue to drop top dollar for his illegitimate merchandise.
However, if both parties respond to the Judge's invitation to talk, it is only in the best interest of all that a settlement is reached, as these lawsuits also cost taxpayers money.