leafan

TLG acquires Bricklink

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Up for me.

hmmm new ToS.

  1. reproduce, publish, display, distribute, transmit or facilitate the reproduction, publication, display, distribution or transmission of any content (including but not limited to images, content, models, designs, and build instructions) that infringes, violates or misappropriates any patent, design, trademark, trade secret, copyright or other intellectual property right, or any rights of publicity, privacy or any other proprietary rights of any party, and you agree that we may remove any such content that we believe, in our sole discretion, might so infringe, violate or misappropriate rights of others;
  2. display, offer for sale, or sell any content or item (including without limitation models, designs or build instructions) that infringes, violates or misappropriates any rights of a third party;

Items for Sale:

If you are a registered seller on the Site, you agree to comply with the following rules for selling. We reserve the right to delete without notice any items listed in your store on the Site that in our judgement do not comply with these rules. Repeated violations of these rules may result in the suspension of your selling privileges.

  1. LEGO Brand Only: All items listed for sale must be LEGO brand products unless they fall into either of the two categories listed below – 6. 2.5 (Custom Sets) or 6.2.6 (Non LEGO Items). Other brands of building toys are not permitted.
  2.  

Modified Parts: All parts listed in your store must be genuine LEGO parts in their original, unmodified condition. Custom printed, engraved, chromed, or painted parts are not permitted.

 

Custom Sets: Custom sets or instructions may be listed, provided they do not infringe on any intellectual property rights, including those of the LEGO Group. Custom sets may not contain modified parts or non LEGO parts such as lighting kits or electric motors.

So there we go. Guess my fears were not without merit even if my reasoning had a hole somewhere.

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Also in 8.2:

Quote

You warrant the content you submit to the Site will not result in BrickLink's infringement of any intellectual property right or other right of a third party.

And in 8.4:

Quote

 

Your Design does not contain and is not based on any third party copyrighted material, or material that is subject to third party proprietary rights (including trademarks and other intellectual property rights).

Your Designs must abide by legal constraints: We are not obligated to evaluate any Design submission for license conflicts, including without limitation because there are too many potential issues and we cannot know when a particular Design or model will go for sale. However, listings may be removed by us at any time if legal issues arise or a third party makes an allegation regarding Your Design. To avoid this, you should do your own research for potential conflicts before submitting a Design.

 

And in 14:

Quote

You hereby grant to BrickLink an irrevocable, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable right and license, for the duration of applicable legal protection of any intellectual property right attached to the content, to use, modify and translate as necessary, reproduce, publish, communicate and display such content in any manner as BrickLink deems appropriate in relation to the operation of the Site. You hereby waive your moral rights in the content, to the extent necessary to give effect to the above license.

And in 22:

Quote

 

If ... (iii) any contributions, actions or omissions by you in connection with your access to, receipt or use of the Site, or any design, MOC or other content provided by you violates, infringes or misappropriates any intellectual property, publicity, privacy or other rights of any person or entity, and results in BrickLink incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then you agree to reimburse BrickLink and its affiliates from all such liabilities, damages, losses, costs and expenses.

If a third party sues BrickLink for any of Section 1 (i) – (iii) above, BrickLink reserves the right to control the defense and settlement of such third party lawsuit, and you agree to reimburse BrickLink for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees and expert witness fees. 

This Section 22 shall survive any termination of your account or these Terms. 

 

 

In the transition FAQ:

Quote

 

6. Will anything change for BrickLink sellers?

The LEGO Group has been clear that it won’t interfere with how sellers operate or the healthy competition that exists in the marketplace. It sees BrickLink as a complementary service to its own parts selling services.


 

 
Bricklink has been very cagey about the transition so far.  Recall that the initial release of the transition FAQ had only three items, none of which said anything at all!  In the latest release, they say that Lego won't interfere with "healthy competition in the marketplace."  Since the Studio gallery isn't in the Marketplace proper, they can clamp down on IP-based MOCs without "interfering with the Marketplace," even though it really does make a big difference in the buying patterns of users who want to purchase parts for those MOCs from the Marketplace.  So Lego is saying now that they feel free to interfere in the fan community via Bricklink in any way whatsoever except for the basic means by which sellers operate.  I'm no lawyer, but it looks to me like the only thing protected by that language is the user interface for listing items for sale in the Marketplace, and even that is open to change via improvements and upgrades, since it's the core functionality of the website.
 
In section 14, Bricklink claims to have rights to your uploaded MOCs, which then means by extension that if those MOCs infringe IP they're claiming to have the right to infringe IP through those MOCs, which in turn means they have to ban those MOCs.  Way back when Studio was first released, some people warned that Bricklink's claim to limited rights to anything built in Studio and uploaded to the Gallery would cause serious problems later; today's action fulfills those warnings.  I don't usually read website T&Cs, so I can't directly compare these to the prior versions, but from the timing it's clear that this change came because Lego bought the company.

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Excellent catch! I missed the part about being liable for any legal expenses incurred by Bricklink.
Time to move all MOCs off that site folks. Corporate suits can run six figures before discovery is complete.
Sauce? My last company (Fortune 500) would attempt to settle any filed claim under 200k $US because initial legal fees would come to $US 250k.

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6 hours ago, Dhivael said:

[emphasis mine]

Where are you seeing that? So far all I've seen is idle speculation on the part of worried AFOLs that this will be the case. So far TLG has said that they're planning to be hands-off on this. I'm still hopeful that they won't crack down quite that far.  

So there you have it. We no longer can buy custom parts. Thank you LEGO...

"Modified Parts: All parts listed in your store must be genuine LEGO parts in their original, unmodified condition. Custom printed, engraved, chromed, or painted parts are not permitted."

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Just placed an order for a batch of customs, here is hoping it all goes through. 

So, looks like I wasn't being over the top or pessimistic with my predictions.

I am a moderator, so I can totally say: TOLD YOU SO. :rofl:

Srsly man.

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I am slightly disappointed, but not surprised.  I find it somewhat hypocritical that they encourage people to decorate those expensive wooden minifigures by painting them and then disallow selling of bricks modified in anyway (such as by painting).  I would be fine with it if they said that you are not allowed to resell bricks with profane pictures, pornography, racial hatred, defamation to TLG, etc., but I am disappointed that they won't allow custom prints, which includes innocuous and fun decorations like "Happy Birthday Billy" etc. as well as non-offensive and interesting pieces, such as the chromed figures.

I will be curious to see how they handle reselling of old licenses that they do not hold any longer, such as the old NBA theme.  While retailers are allowed to sell old licensed merchandise, they are not bound by the same contractual obligations as the original seller.  It could be that the original license allowed TLG to profit from their logo, with royalties, for a limited time span.  Resale of these items, if TLG makes a cut as from Bricklink, could create legal headaches.

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TLG lied to us. When they first announced the purchase, they said they won't change anything. Yet here we are now, when they supposedly have the right to delete any items sold that aren't official LEGO parts without notice. And they also say that 

8 hours ago, Masked Mini said:

Repeated violations of these rules may result in the suspension of your selling privileges.

Great Job LEGO! Your fans just lost all the trust they had in you.

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12 hours ago, Masked Mini said:

Modified Parts: All parts listed in your store must be genuine LEGO parts in their original, unmodified condition. Custom printed, engraved, chromed, or painted parts are not permitted.

Sad to see that we can no longer get custom chromed parts :(

Edited by AllanSmith

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Wow, I stand corrected. That changed fast. I’m extraordinarily disappointed with TLGs decision here. I understand their lawyers shutting down other IPs, but going that far on customized bricks or prints seems unnecessary and antithetical to the community.

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I am not surprised at all to see only non-custom LEGO parts allowed, and I personally have no issues with that.

I think doing it this way, by blocking ALL of it, is better then allowing certain parts, yet blocking others, there was a lot of feedback from purists over Brickarms back in the day which already showed a divide.

I personally would not buy custom parts/prints etc anyway so it doesn't affect me, but I can see people who are affected having to move to some other place instead.

But I can certainly feel sympathy for the people who used to buy custom stuff on there.

It's not like the Custom Market would be dead.

Edited by TeriXeri

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6 hours ago, pooda said:

@Dhivael Lego has become a dictatorship. 😂😂😂

More like megalomaniacal bullies, this could be a turning point for their fortunes :thumbdown: :thumbdown: :thumbdown:

Edited by OneMoreRobot

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Just now, OneMoreRobot said:

More like megalomaniacal bullies, this could be a turning point for their fortunes :thumbdown: :thumbdown: :thumbdown:

DISNEY: Great news everyone! We're buying Lego! 

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1 hour ago, dr_spock said:

May eventually have to apply for permission first with Disney before you MOC anything they owned.

Yeah. That's sad. 

Edited by pooda

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https://www.songtexte.com/songtext/madonna/material-girl-3d6953f.html

(Boy or girl or in between doesn't matter)

Please tell me that you did see this coming. What else? A very big company buys a comparably negligible company. Value-wise that is. Competition-wise it sucked a little - as the little one was doing nasty things. 

What on earth would be an alternative? Telling people that up to now, making stuff not approved by Big Brother was bad, but now, as Big Brother has acquired the place selling that bad stuff, selling it is not bad anymore? Really???

This is the most logical thing to unfold. And it will continue for sure - in the end everything will be as Big Brother wants it to be. He paid for it!

Best
Thorsten

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Gad, I thought Lego was above this kind of corporate megablocks. I guess not. "We won't change anything", they said. It was a lie. It was all a lie. I kind of hate the conflict of interests, and sadly, there seems to be little we can do about it, besides jump ship. What's next, Lego buying fan forums? Price regulations on how much you can charge? I also hate the previous owners of Bricklink for throwing their fans under the bus. They could have said no. But, they don't care, they made their money.

I'm really sad, because Brickowl tends to be more expensive.

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17 minutes ago, Saberwing40k said:

What's next, Lego buying fan forums? Price regulations on how much you can charge?

Why not? It will be evaluated and then people in charge will decide on it. For the perspective of reinforcing the market position. This is what the free market is about.

17 minutes ago, Saberwing40k said:

I also hate the previous owners of Bricklink for throwing their fans under the bus. They could have said no. But, they don't care, they made their money

Of course, they did make their money. I would not hate them for that. Maybe they needed money. Maybe they just wanted money. In the beginning it was all love and that - but when it comes to revenue things tend to change. Plus, they may have built on this business. Love - sure. But nothing to eat - no. One absolutely valid business model, fully supported by so many "in the free market believing countries", particularly the US (been at least there, have accompanied such a process), is: Have a cool idea. Apply for government funds to push that idea into the market. Have an exit plan to be acquired by a big company. In between, give as much return to the folks giving you that money.

We all love LEGO and believe in the brick. Fine - this is how this entire community interacts. Folks making the brick and alternatives run a business. They my very well believe in the brick as well - but from an entirely different perspective.

Making money and depending on it is a true game changer.

Best
Thorsten

 

Edited by Toastie

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LEGO wanting to keep things it didn't make (BrickArms, 3D printed parts, counterfeit stuff etc) or modified versions of things it did make (custom printing on genuine LEGO bricks, chromed parts etc) off BrickLink absolutely makes sense and I for one don't have a problem with it.

LEGO not allowing things that violate 3rd party copyright/trademarks to be sold as custom sets (MOC shop etc) also makes sense and I have no problem with that either.

I wonder how this new rule about not selling parts that have been modified will apply for pneumatic tube? Many pneumatic sets came with long lengths of pneumatic tube and directed you to cut the tube yourself via the instructions.

It will also be interesting to see how they handle things that were produced and never officially released but got out there anyway (e.g. the the first version of the Vegas Skyline set, the gold propeller element from that set, the red Darth Vader helmet etc).

Or things officially released but only internally or to partners (e.g. the xmas x-wing, the Ramboll oil platform, the various sets based on LEGO buildings or the Q elements made just for the parks and things and not put into a set)

 

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9 hours ago, pooda said:

@Dhivael Lego has become a dictatorship. 😂😂😂

Well, I would not call corporations democracies anyway...

Bricklink should be owned by a trust, or by its users

 

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Just now, freakwave said:

Well, I would not call corporations democracies anyway...

I certainly wouldn't call it a republic. 

Sorry! Republican for life!

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