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A prototype is a sample version of a manufactured object produced for internal use in the manufacturing process, before the official mass production run starts. Various sorts of prototypes exist, both for the toys themselves and for the packaging. Sometimes prototypes of Transformers toys end up in the possession of fans and collectors, but not always through entirely legal means.
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For various legal reasons, toy companies won't officially sell prototypes or any other kind of pre-production toys on the market. Since one of the purposes of test shots is safety-testing, they are technically not safety-tested yet, hence officially selling them could be a legal minefield. The designers and engineers at Hasbro and Takara are allowed to keep one or two pieces for their private collection, and sometimes it's possible for fans with contacts to (former) Hasbro employees to acquire test shots or pre-production samples of toys from older lines through legal means. Hardcopies, on the other hand, are a lot harder to come by, one of the reasons for this being their generally lower production numbers (only about ten hardcopies for a toy are made, whereas the number of test shots and samples easily reaches three-digit numbers). Stores will also sometimes receive samples (usually of the production variety) as a "preview". Furthermore, Hasbro will sometimes give out production samples to individuals for review purposes. Even though this isn't Hasbro's intention, those individuals are legally allowed to resell their samples on the aftermarket.
Officially, the vast number of test shots and pre-production samples (except those given out for "preview" or review purposes) are supposed to be dumped or destroyed once they have fulfilled their purpose (safety testing, approval from the company etc.). However, since most toy companies have been having their toys manufactured in China for almost two decades by now, and the factories aren't even directly owned by the toy companies themselves in most cases, it's hard for them to retain full control over the final fate of those pre-production items. As a result, factory employees who have realized that the toys they are helping manufacture aren't only bought by kids and their parents, but also by adult collectors, have started to make a habit out of smuggling various kinds of pre-production items (starting at the test shot stage) out of the factory and selling them to dealers who often specifically specialize in pre-production toys.
In the case of the Transformers toylines, this phenomenon started in the mid-1990s during the run of the Beast Wars toyline. A young Daniel Ross (aka Mouth04) was one of the first people who regularly made photos of production samples available to a growing Transformers online fandom, provided by an eBay seller going by the alias "SPQQKY".[2] Daniel later stated that it had never occurred to him that what SPQQKY was involved in was illegal in any way whatsoever until he provided packaging photos of the BotCon 2001 exclusive Tigatron toy, which at that time was still officially unrevealed. Initially, collecting pre-production toys had been a niche "market" reserved for people with established contacts to Chinese dealers. With the emergence of online auction sites such as eBay or the Chinese counterpart Taobao, however, it has become a lot easier for people to buy pre-production toys from (usually Chinese) sellers, hence making it more of a "mainstream" activity. That still doesn't mean that it's legal, however.
Toy companies usually refrain from explicitly referring to pre-production items sold on auction sites as "stolen", instead using rather vague phrases such as "obtained through unauthorized means"[3] For a brief time in 2003, Hasbro had maintained a strict policy explicitly demanding that fan sites must not post any "unsolicited materials", specifically photos of toys that had not been officially announced yet. However, they never provided specific guidelines they had promised (allegedly, this was because their legal team had come to the conclusion that they had no legal stand in this matter[4]), and by the end of the year, fan sites had completely stopped following that policy, supposedly with no legal repercussions whatsoever. In an interview,[5] Aaron Archer stated that it could never be said with full certainty whether pre-production toys sold on auction sites had indeed been stolen, and other than having the auction taken down, there was not much Hasbro could do legally. Possible reasons for this are Hasbro's third party relationship with Chinese manufacturing plants and Chinese industry's frequent disregard for international legal norms. A conspiracy theory among some fans even suggests that Hasbro deliberately "leak" test shots in order to evaluate the audience's reactions.
Brian Savage took a more direct approach when multiples of the BotCon 2008 exclusive toys were being sold on eBay before the convention, asking eBay to take down the auctions and sending e-mails to the sellers asking them to return the stolen toys (explicitly referred to as such) to him.
In order to make pre-production toys (mostly test shots and pre-production samples) less "attractive" to buyers, Hasbro have tried out all kinds of different methods, from the aforementioned "Not for sale" markings (which used to be etched in, but are now simply stamped on) to off-color paint operations to deliberately "damaging" the toys (often achieved by slapping ugly splotches of red paint all over the face). However, to some collectors, those efforts have the opposite effect, making them even more attractive in their eyes due to their apparent uniqueness. Possibly the most effective method employed by Hasbro thus far was individually serial-numbering the test shots with a screwdriver. Those markings would then help Hasbro in tracking down the source of the leak and cracking down on it.
As a matter of fact, the amount of premature test shot leaks has been reduced tremendously in the past few years. (The relocation of Hasbro's manufacturing plants for a lot of their toys from China to Vietnam might also be a factor here.) Pre-production and production samples that are nearly indistinguishable from the final products still occasionally show up, but prototypes that look clearly unfinished have become a rare occurrence by this point. And in most cases, the toys that leak out have already been officially announced by Hasbro.
Perhaps the most bizarre variety of Transformers prototypes that have surfaced thus far date from 2002, variants of the early Commemorative Series reissues cast almost entirely in clear plastic. Because the origin of these toys has never been explained in full capacity, fan theories ranged from genuine test shots to bootlegs to unauthorized "lunchtime" runs of the molds done by the same people that smuggled them out of the factory. The latter theory caused some fans to refer to those toys as "lunchtime specials". Some people insist that those toys are fully legit (but not necessarily legally acquired) prototypes created by Hasbro and Takara to serve as "reference pieces".