Gerardo Follano needs your help!!!

[BlasTech]

Hello everyone!
I am a member of the Replica Props community and we all in the props world need your help!! Gerardo Follano, a maker of fine "caste off original" ANH stormtrooper armour, has recently come under attack by LFL with a lawsuit that may ruin him..

Please go to the banner on the bottom of my post and read all about it - sign the petition and get involved!!! We, the friends of Gerardo, need your help to protect the man that has made 'trooping what it is today.

Thank you for your time!!

Tim H.

[Jedi Master Kyle]

Yeah, we know. Still unclear on all the facts though. If he's been warned, then he should be punished some. I'm waiting for more facts to come out before I sign anything.

[Hart3584]

As much as I like the sound of what Follano did, if it was not in accordance to the law or contract, I don't think I can sign that.

[Darth Hez]

All the facts you could want are over in the replica props forum.

I don't think anyone disagrees with the fact that what he did was technically against the law, the petition is merely a way of expressing to LFL that ruining the mans life is perhaps not an appropriate punishment for supplying a few stormtrooper suits. Its not like he even got rich off it.

[Albi Wan Yankovi]

Yeah. All they're doing is asking LFL for some ease on the punishment instead of $100,000 per offense. Yes, he commited the crime (as we all have), so we're just asking that the punishment not be as top heavy as it is.

[Jedieb]

Anyone who has ever made a SW web page and used SW images has violated copyright laws and technically LFL could come after you. They don't because they openly tolerate a certain amount of copyright infringement. Obviously LFL feels that Gerardo has crossed the line. After spending some time in the prop forum I'm much more inclined to take the position that Gerardo deserves some leniency. This doesn't appear to be the case of someone trying to strike it rich at LFL's expense. It seems like a prop guy who made great looking Stormtrooper suits for other prop guys and friends.

[Doc Milo]

I've read the FAQ on this that was posted in the replica props forum, and I have two problems that I can't seem to get past.

1- This guy was selling the stormtrooper armor

and

2- He apparently ignored a warning to cease and desist.

Now, I know that he only sold the armor to recoup costs, and not for profit. And I know that he responded to the warning by taking down his webpage that advertised the availabilty of the armor he made.

But I still can't get past these two things. I can't presume to speak for LFL, but I'd guess these are the things they can't seem to get past as well.

LFL has always been lienent with fan activities and their copyright. Web pages and fan fiction are good examples. LFL has allowed these practices as long as they were free services. For example, if I created a Star Wars fan fiction website, and I charged people to get into the site to read and upload the fiction, but I only charged them what it was costing me to keep the site up and running (ie, to recoup costs) I beleive LFL would warn me to stop my activities and if I didn't, then I pressume LFL would sue me. But if I created a fan fiction web site for free, and put a disclaimer that these are not officially licensed works, etc... while technically still an infringement, LFL has been known to allow such activities as fan involvement.

Now, if this guy wasn't selling the armor, but, say trading his armor for other replica props that other people created, for example, I don't think he'd be in this trouble. It's the sale, and the ignoring of the warning that has him in trouble.

I do hope they come to a reasonable settlement, however, but I can't see signing something to favor anyone in this matter.

[Jedieb]

There's no denying that he's violated the copyright laws. Most of the people on the props forum and even GR would admit to that. But financially ruining the guy isn't the answer. I just get the impression that this was a talented prop maker that didn't understand the message that LFL was sending. He may have thought that in taking down his web site he was complying to LFL's request. Just because he can make realistic stormtrooper armor doesn't mean he can understand all of the legal ramifications of a cease and desist order. Maybe he thought he was in the clear once the web site was down and he could continue to make armor for his buddies or friends of friends. I can see why some of the prop guys might be scared that they're next. A lot of these guys have made and sold lightsaber replicas. They may be thinking that they're next in line to be sued.

I've been putting myself in this guys position and imagining what a $100,000 lawsuit would do to me and my family. The stress and financial hardships would be devasting. And to be sued because of a hobby I dearly loved would be particulary hurtfull. Imagine spending countless hours making SW costumes, wearing them to conventions, movie premiers, etc. and then being rewarded with financial ruin.

I just think that there must be a better solution to this than the course of action LFL is taking. IF Gerardo really is a FAN, and not a profiteer, then LFL should treat him like a fan. I have as much animosity towards those that profit from SW as anyone (SCALPERS!!!!!!!). But I just don't think that this is what's happened here. I'm probably going to sign on to support his cause. He's probalby learned his lesson already, he doesn't deserve to be ruined for it.

[Doc Milo]

I understand your points, Jedieb -- and I'm not prepared, at all, to say "he deserves what he gets."

But I'm also not ready to sign the petition either.

I don't know, one thing I would like to see -- and it probably isn't available -- is the cease and desist warning, and how it was worded...

[Jedieb]

It looks like both sides are trying to reach a settlement now. One of the prop guys is a lawyer and he's helping GF out. Here's a site I'd like you to check out Doc: www.parksabers.com (http://www.parksabers.com) . Now here's someone who's BEGGING TO BE SUED! I don't see how LFL CAN'T at least send them a C&D.

[Doc Milo]

I agree. That guy is begging to be sued!

[Jedi Master Kyle]

That guy has been selling prop sabers for years now...

True Doc, seeing the wording of the cease and desist order would help alot. I'm not quite prepared to sign the petition either, but as Jedieb said, it looks as though they're looking to reach a settlement, so they may not even need any more signatures. This Follano guy has probably had the life scared out of him by the mere threat of a $100000 per offense lawsuit, I'd like to think he's definetly learned his lesson this time.

[aStanze]

GREAT NEWS ON THE SITUATION.:)

pub2.ezboard.com/fswvstitanicfrm21.showMessage?topicID=1074.topic (http://pub2.ezboard.com/fswvstitanicfrm21.showMessage?topicID=1074.topic)

Thank you for all your support everyone!:)
Special Thanks to SW Net Fan: JHyphen for his expert legal knowlege.

-Stanze:cool: