Fan sues Hasbro over seekers release

[Hero]

Someone was'nt happy over Hasbro releasing Thrust, Dirge and Thundercracker in the stores.

Surely the Botcon toys are different variants anyway?

freepdfhosting.com/c6c602c4cf.pdf

"The Plaintiffs purchased the Games of Deception set based on Defendants’ representations that this product would be exc...lusive. Based on Defendants’ representations an entire secondary market for these exclusive figures was created. This secondary market is threatened with collapse because of Defendants’ flagrant violation of the bargain implicit in selling “exclusive” figures. Given the salient public interest in an efficient and operating market, and the threat to this market caused by Defendants’ conduct in selling the Unreleased Seekers, injunctive relief is appropriate."

[Nigel]

If I was Hasbro, I'd probably counter-sue because the fan is selling the Botcon toys without permission. (They were to be sold exclusively by FP after all.) That would shut him up.

Briefly browsing the document, I had to chuckle that terms such as FunPub (as opposed to the full name) and CHUG were used; also, it conveniently glosses over the fact that Henkei isn't anything to do with Hasbro.

[Hero]

They're still sort of exclusive, because they're not released over here.

Where's our Generations?

This could be the court case of the year. Maybe Phoenix Wright will get involved.

===KEN

[Philip Ayres]

Nice try, but obvious. 4/10

[Deleted]

Apr 1, 2011 8:53:33 GMT Philip Ayres said:

Nice try, but obvious. 4/10

This is actually a real thing, I read about it on MB2 a couple weeks ago

[Nigel]

I was looking at it over at TFW2005, I think it was, earlier today. The PDF was posted yesterday and they can't seem to make up their mind whether it's a joke or not, because someone called Elias actually has been threatening to sue. The Lawyer is apparently his brother.

[Deleted]

moonbase2.madmooseforum.com/viewtopic.php?t=9806&highlight=thundercracker

here it is, it started on the 20th March

[Nigel]

www.petitions24.com/stop_elias_weskerson_from_embarassing_the_fandom

[Hero]

This is legit, aparentley.

===KEN

[Nigel]

Here's Elias' original petition: www.petitions24.com/signatures/keep_thundercracker_exclusive/

Here's the one he replaced it with because, to put it politely, the first wasn't taken seriously: www.petitions24.com/signatures/keep_thundercracker_exclusive_and_recall_the_impostor/

Be sure to read the comments and the signatories' names.

To be fair, he does have a point with regards to the idea that exclusives should be exclusive, but he's failing to make his point clear as it appears that he's only concerned about the value of his set and his legal arguments fail to stand up. If you remember, there was upset a few years ago when FP republished their club-exclusive comics in a mass-market format; people had paid for the privilege of exclusive content and didn't expect to see it in the shops.

[Deleted]

Apr 1, 2011 17:34:32 GMT Nigel said:

Here's Elias' original petition: www.petitions24.com/signatures/keep_thundercracker_exclusive/

Here's the one he replaced it with because, to put it politely, the first wasn't taken seriously: www.petitions24.com/signatures/keep_thundercracker_exclusive_and_recall_the_impostor/

Be sure to read the comments and the signatories' names.

To be fair, he does have a point with regards to the idea that exclusives should be exclusive, but he's failing to make his point clear as it appears that he's only concerned about the value of his set and his legal arguments fail to stand up. If you remember, there was upset a few years ago when FP republished their club-exclusive comics in a mass-market format; people had paid for the privilege of exclusive content and didn't expect to see it in the shops.

The stupid thing is though, the GHUG versions aren't using the same decos etc as the Botcon versions, so the Botcon ones are still different and more valuable really

[Nigel]

Yep. That's one of the arguments that doesn't stand up.

[The Doctor]

Also, at the time Hasbro genuinely had no intention of releasing the other 'seeker' moulds in the mass market. And the retail releases have mould changes and/or paint app differences so the Botcon versions are still unique and exclusive toys!

And the moaning fanboys seem to ignore the other toys in the set (hello, Dreadwind, for example) which never had any retail release so they still have 100% exclusive toys anyway!

-Ralph

[jameso]

I don't know if he has a legal argument and I haven't read the links, but I think if he genuinely felt he had to pay x amount for a figure at a set time and at no other time it would be available and then it comes out in the shops anyway in the future he has a right to be pissed. Probably not helping his case if his only argument is now it isn't worth as much money when he wants to sell it on though.

[The Doctor]

But the toys he bought did not come out at retail! Similar ones, but not the same!

-Ralph

[Kingoji]

Are you guys continuing to discuss this as a hypothetical? Because the whole thing was a prank, I'm reliably informed.

Edit;
And yeah, that petition earlier on is kind of a dead giveaway.

[blueshift]

It was a tfw2005 prank.

The petition was real though.

[Kingoji]

The petition was signed by the likes of Liz Taylor, Micheal Jackson and Kurt Cobain...

[blueshift]

Apr 2, 2011 18:24:30 GMT Kingoji said:

The petition was signed by the likes of Liz Taylor, Micheal Jackson and Kurt Cobain...

Yeeeeeees? People were trolling the hell out of it, the maker set up a second one because of all the trolling.

[The Doctor]

Apr 2, 2011 18:12:15 GMT blueshift said:

It was a tfw2005 prank.

Which started several weeks before April 1. We know who the fools are then...

-Ralph