If/when GW went after someone else for invalid IP use, this could be used as a defense.
But, this person -- unlike JRR's heirs -- has no standing to sue GW for copyright (or trademark or whatever IP) violation as they don't own the IP (theoretically) being violated.
GW did indeed go after people for using the term "space marines." The EFF helped defend the targeted author, and got the book put back on Amazon.
A few years before that, they went after John Wick for his use of "orks" in his FRPG "Orkworld;" John, lacking the EFF's resources, wound up just pointing out that his orks were standard high fantasy goblinesque people with nothing to do with spacecraft or an SF setting.
no subject
But, this person -- unlike JRR's heirs -- has no standing to sue GW for copyright (or trademark or whatever IP) violation as they don't own the IP (theoretically) being violated.
no subject
A few years before that, they went after John Wick for his use of "orks" in his FRPG "Orkworld;" John, lacking the EFF's resources, wound up just pointing out that his orks were standard high fantasy goblinesque people with nothing to do with spacecraft or an SF setting.