bartholen said:
Because GW has an exceedingly aggressive attitude towards bootleggers and recasters. I can't remember any example of them doing that now, but they tried to sue a guy for copyright infringement because he used the term "Space Marine" in his novel. So, yeah, I wouldn't want to tempt fate by trying to sell recast versions of their models on the Internet.
I think in future the issue is more likely to be people making them for themselves at home, rather than commercial bootlegging. At the moment ebay is cheap enough to make the hassle of casting too much bother for most people. Casting is messy, time consuming and takes a bit of practice to get good at and unless you buy large tubs of material it's not that cheap either so for a starter it can be a bit off-putting. When 3D printers get going though it might be a different story.
thaluikhain said:
You don't have to, mind, you are allowed to make and sell similar stuff.
In many cases, this is quite reasonable, GW doesn't have the monopoly on naked elf women with whips. For that matter, GW is heavily inspired by other people's ideas.
Sometimes it's fairly blatant, though. Heresy Miniatures are asking for trouble.
Absolutely, there are loads of companies making 28mm sci fi minis that you can use if you play with your friends. It only feels like a monopoly because people are convinced that GW is the only place to play GW's games and you have to play the latest edition. I started collecting warhammer minis back in 1991 and I only played my first game in a GW about a year or so ago and I still play Rogue Trader.
There's a good few "totally not Warhammer honest" companies out there (although personally I prefer ebay) and plenty of generic sci fi and fantasy companies that you could substitute. But I do kind of get the OP's point that, at least with 40k, it's very difficult to make a full on army like that, and in many cases the alternatives are just as or more expensive than GW and you're pretty much limited to IG substitutes. That's why GW keep going I think, they have a very large range of very nice models with a distinct look that the smaller companies just can't afford to put out and can't copy too closely. Sure you can get elves elsewhere, but you want Eldar? You gotta go to GW.
http://sciborminiatures.com/en_,index.php
http://www.gaspez-arts.com/home.html
http://maxmini.eu/
http://eurobitz.com/fr/121-warforge
Reaper do a few that fit in with GW too.
http://www.manticgames.com/home.html
http://www.pig-iron-productions.com/
http://www.hfminis.co.uk/
http://studiomcvey.highwire.com/
http://www.urbanwarthegame.com/store-ecwid.php
and plenty more. Even with all those companies you still don't have the range you do with GW unless you're looking for alternate IG (and even then it's primarily infantry) and you have to piss around dealing with all these different websites. There are online mini stores that group them together but they rarely have the full ranges. So really, unless you're very devoted to it GW is just easier.