The Soapbox XII: The Convenient Truth

[Kyle]

I don't disagree with your point but again I don't think it makes it okay to commit the core infringement. In the case of both mass-customs and KOs, they take something (character or toy) that is not their's and use it for their own ends to produce something whose entire success rests on Hasbro/Takara IP. A Sunstreaker toy does not on the other hand rely solely on its appeal as a Lamborghini to succeed. People don;'t buy it b/c it's a Lambo. They buy it b/c its a transformer and it looks nice. So yes, I think you make a valid point but I don't think it changes the landscape at all here as ultimately the core infringement relies on something that is entirely Hasbro/Takara's to succeed.

Just because HasTak does not rely on the infringements it makes to succeed in selling toys (this is still debatable), then the infringements it makes are no longer infringements?

If I don't need to steal but I go ahead and steal from a shop anyway, is it a lesser offence than someone who steals from myself?