tag:blogger.com,1999:blog-145649986851420179.post3005090227061717923..comments2024-03-02T10:16:48.839-05:00Comments on Trilemma Adventures: Compatible with Dungeons & DragonsMichael Prescotthttp://www.blogger.com/profile/04704966067758312492noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-145649986851420179.post-8757579680763936842019-11-11T12:33:53.892-05:002019-11-11T12:33:53.892-05:00Here in the UK we're better off as lawyers wil...Here in the UK we're better off as lawyers will often take case on a contingency fee basis, and costs are typically awarded against the loser. So if you have a strong case you can fight a big corporation for 'free'.Simonhttps://www.blogger.com/profile/01173759805310975320noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-78856055622123514402019-11-11T11:19:40.880-05:002019-11-11T11:19:40.880-05:00Generally, it doesn't matter if you're on ...Generally, it doesn't matter if you're on the right side of the law if you can't afford to defend it in court. Hasbro has very deep pockets. I'm not sure how aggressive WotC's lawyers are these days, but I wouldn't want to fight them.<br /><br />In the past, they've gone after products "compatible with D&D" outside the OGL and their specific licensing programs. Adamhttps://www.blogger.com/profile/03502478609907476330noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-64449470504768870352019-10-29T06:41:20.246-04:002019-10-29T06:41:20.246-04:00Huzzah!Huzzah!Michael Prescotthttps://www.blogger.com/profile/04704966067758312492noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-52849452743151428482019-10-29T06:34:10.104-04:002019-10-29T06:34:10.104-04:00It all looked correct to me - I couldn't see a...It all looked correct to me - I couldn't see any errors, and I teach this stuff in England, so EU based laws. The US law is pretty similar, with a few differences around eg fair use in copyright, and perhaps the US courts have tended to adopt a somewhat broader interpretation of commercial use of TMs (but the CJEU in Arsenal v Reed took a pretty US-style approach to that). But nothing you said was wrong AFAICT.Simonhttps://www.blogger.com/profile/01173759805310975320noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-3793296953833227362019-10-29T06:31:40.540-04:002019-10-29T06:31:40.540-04:00Sans OGL, the most likely finding would be a non-l...Sans OGL, the most likely finding would be a non-literal copyright infringement of WoTC's copyright in Moldvay-Cook B/X D&D. There might also be infringement of Goblinoid Games' copyrights if you took a substantial amount of Dan Proctor's original work.Simonhttps://www.blogger.com/profile/01173759805310975320noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-65231830721616309192019-10-29T06:29:39.324-04:002019-10-29T06:29:39.324-04:00Derivative works - as a rule of thumb, you can cop...Derivative works - as a rule of thumb, you can copy another person's ideas, but not their particular expression of those ideas. A non-literal act of copying (eg a paraphrasing) can still be copyright infringing, but this area tends to be highly uncertain and I don't see a lot of consistency in court decisions.<br /><br />I generally recommend use of the OGL where practical, primarily because of the notice & rectification clause. I would only recommend use of the D&D DM's Guild program if you want to use the licensed WoTC art, font etc - they actually licence a LOT of content in return for their (large) cut. My son bought the 'Book of Dragons' off DM's Guild and it looks a lot like an official WotC book.<br /><br />With TMs, if you are not using the OGL then nominative or descriptive use of TM, eg a clear statement of "compatible with, not authorised by" ought to be safe, and should not attract a C&D from Hasbro. <br /><br />Hasbro lawyers do know their stuff and rarely send vexatious C&Ds IME, though there have been a few marginal cases re derivative copyright works, eg plush toy rust monsters. They're not like TSR lawyers under the rule of Lorraine Williams claiming (c) over 'Armor Class'!Simonhttps://www.blogger.com/profile/01173759805310975320noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-69593993836977078312019-10-29T06:21:24.871-04:002019-10-29T06:21:24.871-04:00I am Simon, I teach IP law, and I approve of this ...I am Simon, I teach IP law, and I approve of this post. :)Simonhttps://www.blogger.com/profile/01173759805310975320noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-83118015353525914352019-10-28T15:31:54.022-04:002019-10-28T15:31:54.022-04:00Another issue, probably related: what if I start w...Another issue, probably related: what if I start with a copy of the Labyrinth Lord monsters and the OGL and then replace the entries bit by bit: is there ever a point at which I can say, “this is all new and original?” Or is it derived from step to step and thus I still “owe” them. The edge cases are weird. Alex Schroederhttps://www.blogger.com/profile/17104864340940538702noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-55437276700706907032019-10-28T15:13:07.482-04:002019-10-28T15:13:07.482-04:00I always felt this email interview was revealing: ...I always felt this email interview was revealing: https://batintheattic.blogspot.com/2018/02/obs-content-program-is-terrible-and-it.htmlAlex Schroederhttps://www.blogger.com/profile/17104864340940538702noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-72092702404145732292019-10-28T08:35:58.304-04:002019-10-28T08:35:58.304-04:00That's a good point about derivative works, I ...That's a good point about derivative works, I don't know how broad that is. For situations where you're copying text wholesale, I assume OGL is the only way to go.Michael Prescotthttps://www.blogger.com/profile/04704966067758312492noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-67156244790051982522019-10-28T03:20:09.797-04:002019-10-28T03:20:09.797-04:00The point I always struggle with is derivative wor...The point I always struggle with is derivative works: sometimes the exact words don’t need to show up in a derivative work in order to count as derivative. And yet, if it is “inspired by” then it’s ok. So taking the Labyrinth Lord monsters and making your own monster manual, using many of the names (orcs, goblins), many of their stats (HD 1 AC 6), ... derived-from or inspired-by?Alex Schroederhttps://www.blogger.com/profile/17104864340940538702noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-64100677207021072352019-10-27T23:01:48.244-04:002019-10-27T23:01:48.244-04:00Hopefully some of it's correct!Hopefully some of it's correct!Michael Prescotthttps://www.blogger.com/profile/04704966067758312492noreply@blogger.comtag:blogger.com,1999:blog-145649986851420179.post-58473305904031433002019-10-27T22:40:44.572-04:002019-10-27T22:40:44.572-04:00Thank you for laying this out. It's really use...Thank you for laying this out. It's really useful to have this stuff explained in one place.Cavegirlhttps://www.blogger.com/profile/03853637517886592288noreply@blogger.com