Go Back   EN World D&D / RPG News > General RPG Forums > General RPG Discussion

General RPG Discussion Discussion of all RPGs and non-system-specific topics. DM/GM/player issues, settings, etc. Rules discussion belongs in one the forums below.

 
Share LinkBack Thread Tools Display Modes
Old 10th April 2009, 07:12 AM   #81 (permalink)
Registered User
 
ProfessorCirno's Avatar
 
Join Date: May 2008
Location: Gensokyo
Posts: 2,052
ProfessorCirno Bugbear Strangler (Lvl 6)
Quote:
Originally Posted by Jraynack View Post
Yes.
But at what point?

I understand that the last one IS file sharing, plain and simple, even if it was unintended file sharing at that degree. But what about all the others?
__________________
Psionics are too sci-fi, not like the traditional method of spell casting that has existed only in D&D, involves research, laboratory work, and formulas, and was cribbed directly from a series of science fiction novels. I mean, come on, calling forth the power to alter the world from your own center of will? That's not magical in the slightest! Not at all like my wizard's spell "Telepathy!"
ProfessorCirno is offline   Reply With Quote
Old 10th April 2009, 07:13 AM   #82 (permalink)
Community Supporter
 
jgbrowning's Avatar
 
Join Date: Jul 2002
Location: Coshocton, OH USA
Posts: 4,955
jgbrowning has disabled Experience Points
Quote:
Originally Posted by Jraynack View Post
As a small publisher, I too recently found my work on scribd.
As did I. I sent a notice a few days ago and they removed it. Our book had been downloaded over 250 times and viewed over 1200 (if I'm remembering properly), which is just about as many downloads as we've sold as PDF. And Scribd is only one site. It made me post at my livejournal - Sometimes I don't like our fans. For every illegal copy of one of our products floating around the web, there is a "fan" who put it there. That's depressing.

joe b.
__________________
Expeditious Retreat Press Winner of 3 Golden and 2 Silver ENnie awards!
Your Games Now, Exclusive Corporate Sponsor of the 2007 GenCon ENnies Awards!
jgbrowning is offline   Reply With Quote
Old 10th April 2009, 07:21 AM   #83 (permalink)
Community Supporter
 
jgbrowning's Avatar
 
Join Date: Jul 2002
Location: Coshocton, OH USA
Posts: 4,955
jgbrowning has disabled Experience Points
Quote:
Originally Posted by ProfessorCirno View Post
But at what point?
The instant you create a copy of the product that doesn't fall under fair use you've committed copyright infringment. It's not "piracy", it's copyright infringement. If you make a copy that is not under fair use, you've infringed.

A general rule of thumb is that the instant that the copyrighted material is in more than a single place at a single time, and in which all the copies are not only in your personal possession is probably the instant where infringement occurs.

joe b.
__________________
Expeditious Retreat Press Winner of 3 Golden and 2 Silver ENnie awards!
Your Games Now, Exclusive Corporate Sponsor of the 2007 GenCon ENnies Awards!
jgbrowning is offline   Reply With Quote
Old 10th April 2009, 07:25 AM   #84 (permalink)
Demon Lord
 
Grazzt's Avatar
 
Join Date: Jan 2002
Location: Chattanooga
Posts: 3,176
Grazzt Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by jgbrowning View Post
As did I. I sent a notice a few days ago and they removed it. Our book had been downloaded over 250 times and viewed over 1200 (if I'm remembering properly), which is just about as many downloads as we've sold as PDF. And Scribd is only one site. It made me post at my livejournal - Sometimes I don't like our fans. For every illegal copy of one of our products floating around the web, there is a "fan" who put it there. That's depressing.

joe b.
Havent checked Scribd, but I remember seeing a lot of our Necromancer Games stuff floating around the torrent sites and newsgroups. (Bill and I found 'em several years ago)
__________________
Scott Greene
Necromancer Games
www.Necromancer Games.com
The Creature Catalog
Grazzt is offline   Reply With Quote
Old 10th April 2009, 07:27 AM   #85 (permalink)
Community Supporter
 
jgbrowning's Avatar
 
Join Date: Jul 2002
Location: Coshocton, OH USA
Posts: 4,955
jgbrowning has disabled Experience Points
Quote:
Originally Posted by Grazzt View Post
Havent checked Scribd, but I remember seeing a lot of our Necromancer Games stuff floating around the torrent sites and newsgroups. (Bill and I found 'em several years ago)
You should probably check. They make you jump through hoops to remove the material, but they do remove it.

I stumbled upon it after reading about JK Rowling's issue with the site.

joe b.
__________________
Expeditious Retreat Press Winner of 3 Golden and 2 Silver ENnie awards!
Your Games Now, Exclusive Corporate Sponsor of the 2007 GenCon ENnies Awards!
jgbrowning is offline   Reply With Quote
Old 10th April 2009, 11:01 AM   #86 (permalink)
Registered User
 
CapnZapp's Avatar
 
Join Date: Jun 2003
Posts: 1,844
CapnZapp Hobgoblin Soldier (Lvl 3)
Quote:
Originally Posted by Jraynack View Post
Yes.
I am sorry, but you must make a choice:

Either accept that sharing of digital files are one of the most inherently valuable aspects of the new technology, as well as the fact that the people you call "pirates" 1) haven't actually stolen anything and 2) most probably you have several friends and acquaintances which will face jail time or economic ruin if you get your wish.

Or, to get what you want, we either need to turn back the clock to the times where sharing information was cumbersome and slow, or we need to accept draconic levels of privacy invasions where everything you do on the Internet is closely monitored and where you no longer are in control of your computer and your browser.



Of course, there is a third option:

Say no to orwellian police states where nine year old kids are sued for millions for sharing their favorite books with others. Accept the wondrous new abilities to share and disseminate information created by new technology. Create new business models that embrace these new capabilities. Cut out middle men (like music record labels). Get your customers to pay you directly. Earn more money than in your wildest dreams.
CapnZapp is offline   Reply With Quote
Old 10th April 2009, 11:10 AM   #87 (permalink)
Arch Chancellor
 
Mustrum_Ridcully's Avatar
 
Join Date: Jan 2002
Location: Oldenburg, Germany
Posts: 12,863
Mustrum_Ridcully Snaketongue Initiate (Lvl 7)Mustrum_Ridcully Snaketongue Initiate (Lvl 7)
That's easily said, but evidently not easily done.

I hate the idea of restricting a product through artificial measures so it does less than it could. But I also want to have the product in the first place, and if these measures are the only thing people can come up with to ensure they still earn enough money to create more products... I am unhappy, but I'd rather take that than nothing at all.

Maybe subscription services are the way to go. Or maybe they are not, since investing in the software system behind is no less expensive than creating the products you sell...
__________________
Mustrum "Gummibärchen helfen auch" Ridcully

Thoughts of the Arch Chancellor - My weblog on EN World
- containing game related material, like: house rules, design theories, reviews, play reports, adventure ideas

Secret Member of <Think we would just hide our secret with a spoiler tag, eh?>
Mustrum_Ridcully is offline   Reply With Quote
Old 10th April 2009, 11:51 AM   #88 (permalink)
Registered User
 
Silverblade The Ench's Avatar
 
Join Date: May 2004
Location: Scotland
Posts: 1,051
Silverblade The Ench Hobgoblin Soldier (Lvl 3)
This silliness is why I said elsewhere that it's not theft, it cannot be theft, it's unauthorized copying.
It's a huge difference.
if you can pay for a digital item, you should, if you can't...well tough, you are not stealing a real item.

See, in the real world, it's finite.
3000 books are real objects, they take real wood and ink to make, this world we live on is finite. That is the basis of THEFT, taking real things. and with violence or menaces, it's robbery.
But you could send 1 billion copies of them on pdf to everyone on Earth...which is impossible for real items. Thus, it's copying, not theft. If it's theft, then how come I can give a billion copies of them away? Why shouldn't a perosn who cannot afford a copy, have one? Money is finite, copies are not.

Stop confusing copying with theft, it's wrong and a dirty tactic by the "controllers" (and I don't mean 4th ed, lol)
Our 19th century legal ideas and grubby corporations don't want to grow up and realize this is the 21st century.

And note, I'm an artist, I know folks can copy my stuff, too bloody bad, big deal! compared to robbery at knifepoint, which I have experience of, it's nothing like the same!!

of course people should be paid for their work..within limits. IP and Copyright, as they are currently, are major, dangerous nooses around our necks :/
We desperately need free flowing information and entertainment.
Why?
Free laptops could stop more wars than bombs and be a lot cheaper.
Ignorance is the root of much of the world's woes.
etc etc

Selling pdfs of the D&D books, including current ones, at $1 to 5 a pop, rather than the dumb prices they want for the recent items, would net a lot more money and good will.
You'll always get folk copying, tough, too bad!

Wanna tear yer eyes out so you don't see bad stuff, hm?
Remove your pituitary gland so you don't get "naughty" thoughts?
Stuff happens, long as it isn't really bad, tough, get over it.
I'd rather have copying than a police state.
Jeesh.

See what happened ot the record industry when they started suing folk, why Metallica realized legal action made things worse for them...

and here's a thought for ya all...
imagine all the signals flying out of wi fis and other systems.
So, we're broadcasting all our data into space.
Do you really think our copyright means jack squat to the Aliens who may pick it up in centuries to come, eh? Or even out distance ancestors who may pick the signals up as they fly to the star safter we've probably reduced this Earth to a dead mess.
Get real, we've broadcasted our data to space, our notions of controlling data are insane

Adding a note on pdfs that they were made by a real person, maybe with pictures of the writers etc, would do a lot more good than this legal lunacy which has only caused more ill will.
Why? make folk realize that *people* make content, and should be respected, and thus paid, when you are able to!
People have no respect for faceless corporations.

I love D&D, I buy D&D stuff, I'm happy to support the hobby I love os much. I respect the D&D designers and creators out there, I do not respect WOTC, and I do not believe in the damnable copyright mania.

I have copies of thousands of books and works of art...in my head. Nobody has any right or claim on those. Same damn thing. Accept this and move on.
Silverblade The Ench is offline   Reply With Quote
Old 10th April 2009, 12:10 PM   #89 (permalink)
Registered User
 
Join Date: Feb 2002
Posts: 713
JohnRTroy Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by ProfessorCirno View Post

Am I a nasty, dirty pirate?

Counterfeiting and piracy are drastically different things. You should know not to try and compare them. I see your strawman, and refuse it.
What I see as the straw man is the people parrotting "you can't stop piracy no matter how hard you try". Well, that can be applied to everything. Counterfeiting, like piracy, causes financial damage, it's just the government and citizens are the victims rather than a corporation or individual. Digital Piracy is the only crime I see where people want the victims to "ignore it".

If you believe you have the right to share a book amongst people, there are ways to do it ethically that mimic the old ways.

Let them view your screen, or a big monitor or projector. A physical book can only occupy a certain amount of space. Or, give them access to your computer via VNC or something that allows viewing but not copying when you're in the same location (over a LAN). But don't copy. That's the key thing. If you truly want to lend a person your book, delete your copy on your disk, and accept that (a) the person might never give it back, same as a book and (b) the person could upload it, putting you at risk.

Quote:
Originally Posted by CapnZapp View Post
Or, to get what you want, we either need to turn back the clock to the times where sharing information was cumbersome and slow, or we need to accept draconic levels of privacy invasions where everything you do on the Internet is closely monitored and where you no longer are in control of your computer and your browser.

Say no to orwellian police states where nine year old kids are sued for millions for sharing their favorite books with others. Accept the wondrous new abilities to share and disseminate information created by new technology. Create new business models that embrace these new capabilities. Cut out middle men (like music record labels). Get your customers to pay you directly. Earn more money than in your wildest dreams.
Privacy is going to be hard to come by in the new age, especially with people twittering and blogging and making public statements.

Your last statement is flawed. Economic realities take over. Sharing is no good if it drives the business you patronize out. It's easy to say "create new business models" when it's not your job on the line. The so-called "long tail" is not very lucrative, unless you are a huge aggregator. I think the current recession is going to be a wake up call. You're already seeing people change their models--newspapers want to start getting people to pay for content again.

Quote:
As for the minor argument, I was a minor too - before file sharing and the internet - I saved my hard earned money (working at Dairy Queen, allowance, odd jobs, etc.) to get the D&D books I loved. It is called learning responsibility and managing your priorities. After all, I did not get all the books I wanted.
Exactly, nobody is learning to "do without". Entertainment is much higher on the scale of the "hierarchy of needs". I'm afraid those who endorse piracy are not learning to do without or sacrifice. There are many legal ways of getting entertainment if you are not wealthy.

Quote:
Originally Posted by Mustrum_Ridcully View Post
That's easily said, but evidently not easily done.

I hate the idea of restricting a product through artificial measures so it does less than it could. But I also want to have the product in the first place, and if these measures are the only thing people can come up with to ensure they still earn enough money to create more products... I am unhappy, but I'd rather take that than nothing at all.

Maybe subscription services are the way to go. Or maybe they are not, since investing in the software system behind is no less expensive than creating the products you sell...
I dislike DRM myself, but like locks, they are there to keep the honest people honest. Taking away locks would not be a good thing.

That's what I like about Watermarking. Wizards was able to find the idiots who posted the items and hopefully punish them.

I've become a little cynical--but I think there are two components to enforcing laws. Fear, and Guilt/Ethics. The former is more important than the latter. Some people might be tempted to smoke pot or patronize a prostitute or go over the speed limit based on their own moral standards, but they have enough fear to not do it because if they get caught, it would mean very bad things.

What I'd like to see is the criminalization of piracy and/or some sort of tort reform on it. You make it a crime, and if piracy is detected the state gives the person a ticket. There's a maximum penalty of say, $5000.00, and perhaps some mild jail time (30-90 days). You make it like traffic tickets so you get it as soon as its detected. Most people will pay the fees, and it teaches the young people quickly not to do it, because the parents will be BS and take Internet privileges away, and everybody is mostly scared of going to jail.

This would also reduce the torts--since then companies would be able to save their lawsuits for the biggest and boldest offenders. If you took away the discrepancy of people suing for millions of dollars in damages against the 15 year old, and replaced it with the system above, I think most people would accept it.
__________________

Forum FYI:
Kask is not the famous Tim Kask of the early days of TSR
I am that weird guy you see buried deep down in the credits section on many of EGGs later products.


Last edited by JohnRTroy; 10th April 2009 at 12:20 PM..
JohnRTroy is offline   Reply With Quote
Old 10th April 2009, 12:37 PM   #90 (permalink)
Registered User
 
ProfessorCirno's Avatar
 
Join Date: May 2008
Location: Gensokyo
Posts: 2,052
ProfessorCirno Bugbear Strangler (Lvl 6)
Quote:
Originally Posted by JohnRTroy View Post
What I see as the straw man is the people parrotting "you can't stop piracy no matter how hard you try". Well, that can be applied to everything. Counterfeiting, like piracy, causes financial damage, it's just the government and citizens are the victims rather than a corporation or individual. Digital Piracy is the only crime I see where people want the victims to "ignore it".
I'm sorry you feel that way. Nonetheless, piracy is not the same as counterfeiting. It's simply not comparable. And again, I refuse to lower to your strawman.

As for the victims, HI! I work with academia. Every time I or anyone I work with write anything at all we can fully expect it to be spread widely anywhere in the world for absolutely free. And you know what? All of us. All of us. Wouldn't have it any other way.
__________________
Psionics are too sci-fi, not like the traditional method of spell casting that has existed only in D&D, involves research, laboratory work, and formulas, and was cribbed directly from a series of science fiction novels. I mean, come on, calling forth the power to alter the world from your own center of will? That's not magical in the slightest! Not at all like my wizard's spell "Telepathy!"
ProfessorCirno is offline   Reply With Quote
Old 10th April 2009, 12:42 PM   #91 (permalink)
Registered User
 
xechnao's Avatar
 
Join Date: Dec 2007
Posts: 1,955
xechnao Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by Jraynack View Post
Yes.

As a small publisher, I too recently found my work on scribd. To be frank, I don't mind our customers sharing our products around the game table (preferably in a printed format), but when someone puts it on the net for free - that takes potential money right out of our pocket.

As a small publisher, a good selling .pdf sale for us is 150-250 copies in the first month or so, but I was disgusted to find that nearly 1,300 people either viewed or downloaded the product for free (more than any one individual product sale in our 5 years of publishing).

It is like going to work, working hard that day, and your boss telling you you're not getting paid. Unlike a WotC employee, I do not get paid until I sell my product. And if they don't sell products, they fire employees.

If people LOVE our products so much, then please tell your friends to invest in our company by paying the $4.00-$7.00 dollars to encourage us to make more of the same and to continue to do what we do.

If I lived in a society that I didn't have to pay for food or a car payment, house, etc. I wouldn't mind people downloading our products for free, but since people who buy our products need money for other things, so do we.

I mainly got into publishing for love of the game, but I do personally invest my time, work, and money in each of our products (I also sometimes get burned out).

What I think is really disparaging about the whole thing is WotC even reduced the costs of their .pdfs with the launch of 4th Edition instead of pricing them, as they did before, as the same cost as a printed book. It is just a slap in the face.

As for the minor argument, I was a minor too - before file sharing and the internet - I saved my hard earned money (working at Dairy Queen, allowance, odd jobs, etc.) to get the D&D books I loved. It is called learning responsibility and managing your priorities. After all, I did not get all the books I wanted.

More importantly, I did share with friends (either their books or mine), and did borrow from the library D&D books I fortunately found there, but in the end - I had to give them back. And if I lost a book or did not return it (either to the library or my friend), I had to pay a fee or buy the book. That is something that you can't do with a file share - return it.

If you love a .pdf and want to share it - print it out and keep it around the table like any other book or better yet, buy a copy for a friend (if you can afford it). There is no excuse for illegal file sharing.
Such the nature of digital distribution: it gives you the advantage of no printing and distribution costs but makes you more vulnerable to customer choice. If it were not for the internet I doubt there would have been the 13025 publishers hosted on drivethrurpg.com in the market with their products.
But among this vast offer, the customers that really want your product are considerable less. Customers also need considerably more browsing time. This is why they download pirated copies I guess: to try and figure out most they can about the products.
xechnao is offline   Reply With Quote
Old 10th April 2009, 01:04 PM   #92 (permalink)
Registered User
 
Join Date: Feb 2002
Posts: 713
JohnRTroy Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by ProfessorCirno View Post
I'm sorry you feel that way. Nonetheless, piracy is not the same as counterfeiting. It's simply not comparable. And again, I refuse to lower to your strawman.

As for the victims, HI! I work with academia. Every time I or anyone I work with write anything at all we can fully expect it to be spread widely anywhere in the world for absolutely free. And you know what? All of us. All of us. Wouldn't have it any other way.
Okay, then explain to me why it's a straw man argument. If it is a straw man it should easily be defeatable and knocked down. Saying "it's a straw man" is in itself, another straw man argument, it's an attempt to ignore it and instead make an ad hominem attack. I made a basic analogy that people keep saying "piracy can't be stopped" as an excuse, but technically "counterfeiting can't be stopped" is another statement, yet will still try to stop it. You can defend piracy in other aspects, but the whole "piracy can't be stopped" is usually meant to end with "so why bother trying". Both are crimes. Both hurt people.

As far as academia goes--that's your CHOICE, to be in academia. I don't have a problem with people sharing because they want to. If you want to give away your information, that's your business. It doesn't mean others should. The customer buys the product, buys an alternative, or goes without. Piracy is not an acceptable option.
__________________

Forum FYI:
Kask is not the famous Tim Kask of the early days of TSR
I am that weird guy you see buried deep down in the credits section on many of EGGs later products.

JohnRTroy is offline   Reply With Quote
Old 10th April 2009, 01:12 PM   #93 (permalink)
Registered User
 
jasin's Avatar
 
Join Date: Sep 2002
Posts: 1,256
jasin Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by Jraynack View Post
As a small publisher, I too recently found my work on scribd. To be frank, I don't mind our customers sharing our products around the game table (preferably in a printed format), but when someone puts it on the net for free - that takes potential money right out of our pocket.

As a small publisher, a good selling .pdf sale for us is 150-250 copies in the first month or so, but I was disgusted to find that nearly 1,300 people either viewed or downloaded the product for free (more than any one individual product sale in our 5 years of publishing).
Out of 1,300, how many didn't buy the product but would have if it wasn't illegally available for free?

Out of 1,300, how many bought the product but wouldn't have if it wasn't illegally available for free?

Without some credible information about this, I don't think it's possible to judge whether illegal file sharing earned you money or cost you money.

Has any serious research been done on this subject?
jasin is offline   Reply With Quote
Old 10th April 2009, 01:21 PM   #94 (permalink)
Registered User
 
Join Date: Feb 2002
Posts: 713
JohnRTroy Goblin Sharpshooter (Lvl 2)
One of the cases was updated...

Quote:
UNITED STATES DISTRICT COURT
FOR THE United States District Court for the Western District of Washington

Wizards of the Coast LLC
Plaintiff,
v. Case No.: 2:09−cv−00459−TSZ

Judge Thomas S. Zilly

Thomas Patrick Nolan, et al.

Defendant.

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND
EARLY SETTLEMENT

I. INITIAL SCHEDULING DATES

Pursuant to the December 1, 2000 revisions to the Federal Rules of Civil Procedure, the Court sets the following dates for initial disclosure and submission of the Joint Status Report and Discovery Plan:

* Deadline for FRCP 26(f) Conference: 05/26/2009
* Initial Disclosures Pursuant to FRCP 26(a)(1): 06/08/2009
* Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f)
and Local Rule CR 16: 06/08/2009

If this case involves claims which are exempt from the requirements of FRCP 26(a) and (f), please notify Claudia Hawney by telephone at 206−370−8830.


II. JOINT STATUS REPORT & DISCOVERY PLAN

All counsel and any pro se parties are directed to confer and provide the Court with a combined Joint Status Report and Discovery Plan (the "Report") by 06/08/2009. This conference shall be by direct and personal communication, whether that be a face−to−face meeting or a telephonic conference. The Report will be used in setting a schedule for the prompt completion of the case. It must contain the following information by corresponding paragraph numbers:

1. A statement of the nature and complexity of the case.

2. A statement of which ADR method (mediation, arbitration, or other) should be used.

The alternatives are described in Local Rule CR 39.1 and in the ADR Reference Guide which is available from the clerk’s office. If the parties believe there should be no ADR, the reasons for that belief should be stated.

3. Unless all parties agree that there should be no ADR, a statement of when mediation or another ADR proceeding under Local Rule CR 39.1 should take place. In most cases, the ADR proceeding should be held within four months after the Report is filed. It may be resumed, if necessary, after the first session.

4. A proposed deadline for joining additional parties.

5. A proposed discovery plan that indicates:

A. The date on which the FRCP 26(f) conference and FRCP 26(a) initial disclosures took place;

B. The subjects on which discovery may be needed and whether discovery
should be conducted in phases or be limited to or focused upon particular
issues;

C. What changes should be made in the limitations on discovery imposed
under the Federal and Local Civil Rules, and what other limitations should be
imposed;

D. A statement of how discovery will be managed so as to minimize expense
(e.g., by foregoing or limiting depositions, exchanging documents informally,
etc.); and

E. Any other orders that should be entered by the Court under FRCP 26(c) or
under Local Rule CR 16(b) and (c).

6. The date by which the remainder of discovery can be completed.

7. Whether the parties agree that a full−time Magistrate Judge may conduct all proceedings, including trial and the entry of judgment, under 28 U.S.C. § 636(c) and Local Rule MJR 13. The Magistrate Judge who will be assigned the case is Mary Alice Theiler. Agreement in the Report will constitute the parties' consent to referral of the case to the assigned Magistrate Judge.

8. Whether the case should be bifurcated by trying the liability issues before the damages issues, or bifurcated in any other way.

9. Whether the pretrial statements and pretrial order called for by Local Rules CR 16(e), (h), (i), and (l), and 16.1 should be dispensed with in whole or in part for the sake of economy.

10. Any other suggestions for shortening or simplifying the case.

11. The date the case will be ready for trial.

12. Whether the trial will be jury or non−jury.

13. The number of trial days required.

14. The names, addresses, and telephone numbers of all trial counsel.

15. If, on the due date of the Report, all defendant(s) or respondent(s) have not been served, counsel for the plaintiff shall advise the Court when service will be effected, why it was not made earlier, and shall provide a proposed schedule for the required FRCP 26(f) conference and FRCP 26(a) initial disclosures.

16. Whether any party wishes a scheduling conference prior to a scheduling order being entered in the case. If the parties are unable to agree on any part of the Report, they may answer in separate paragraphs. No separate reports are to be filed.

The time for filing the Report may be extended only by court order. Any request for extension should be made by telephone to Claudia Hawney, by telephone at 206−370−8830.

If the parties wish to have a status conference with the Court at any time during the pendency of this action, they should notify Claudia Hawney, by telephone at 206−370−8830.

III. PLAINTIFF'S RESPONSIBILITY

This Order is issued at the outset of the case, and a copy is delivered by the clerk to counsel for plaintiff (or plaintiff, if pro se) and any defendants who have appeared. Plaintiff's counsel (or plaintiff, if pro se) is directed to serve copies of this Order on all parties who appear after this Order is filed within ten (10) days of receipt of service of each appearance. Plaintiff's counsel (or plaintiff, if pro se) will be responsible for starting the communications needed to comply with this Order.

IV. EARLY SETTLEMENT CONSIDERATION

When civil cases are settled early −− before they become costly and time−consuming −−all parties and the court benefit. The Federal Bar Association Alternative Dispute Resolution Task Force Report for this district stated:

[T]he major ADR related problem is not the percentage of civil cases that
ultimately settle, since statistics demonstrate that approximately 95% of all
cases are resolved without trial. However, the timing of settlement is a major
concern. Frequently, under our existing ADR system, case resolution occurs
far too late, after the parties have completed discovery and incurred
substantial expenditure of fees and costs.

The judges of this district have adopted a resolution “approving the Task Force’s recommendation that court−connected ADR services be provided as early, effectively, and economically as possible in every suitable case.”

The steps required by this Order are meant to help achieve that goal while preserving the rights of all parties.

If settlement is achieved, counsel shall notify Claudia Hawney at 206−370−8830.

V. SANCTIONS

A failure by any party to comply fully with this Order may result in the imposition of sanctions.

DATED: April 9, 2009
s/ Thomas S. Zilly
United States District Judge
__________________

Forum FYI:
Kask is not the famous Tim Kask of the early days of TSR
I am that weird guy you see buried deep down in the credits section on many of EGGs later products.

JohnRTroy is offline   Reply With Quote
Old 10th April 2009, 05:10 PM   #95 (permalink)
Community Supporter
 
jgbrowning's Avatar
 
Join Date: Jul 2002
Location: Coshocton, OH USA
Posts: 4,955
jgbrowning has disabled Experience Points
Quote:
Originally Posted by CapnZapp View Post
I am sorry, but you must make a choice:

Either accept that sharing of digital files are one of the most inherently valuable aspects of the new technology, as well as the fact that the people you call "pirates" 1) haven't actually stolen anything
Huh? Of course they haven't "stolen" anything, but they have copyright infringed. Theft is different from copyright infringement.

joe b.
__________________
Expeditious Retreat Press Winner of 3 Golden and 2 Silver ENnie awards!
Your Games Now, Exclusive Corporate Sponsor of the 2007 GenCon ENnies Awards!
jgbrowning is offline   Reply With Quote
Old 10th April 2009, 05:30 PM   #96 (permalink)
Registered User
 
Adslahnit's Avatar
 
Join Date: Jan 2007
Posts: 242
Adslahnit Goblin Sharpshooter (Lvl 2)
Defendant Osmeña here. 16, male, Philippines. I wonder, do WotC, Hasbro, or any of their attorneys know that they're suing the hell out of a minor in the Philippines? Without providing him with any way of properly comprehending the exact details of the case report and the summons given to him? All in all, along with the fact that they're trying to get the defendants (fans of the game) to stop playing D&D altogether, would mala fides not be out of the question here?
Adslahnit is offline   Reply With Quote
Old 10th April 2009, 05:46 PM   #97 (permalink)
Community Supporter
 
jgbrowning's Avatar
 
Join Date: Jul 2002
Location: Coshocton, OH USA
Posts: 4,955
jgbrowning has disabled Experience Points
Quote:
Originally Posted by ProfessorCirno View Post
As for the victims, HI! I work with academia. Every time I or anyone I work with write anything at all we can fully expect it to be spread widely anywhere in the world for absolutely free. And you know what? All of us. All of us. Wouldn't have it any other way.
Would you feel a victim were someone to remove your name from a work you did for academia and replace it with their own? Do you have an expectation of proper accreditation of the source of one of your works? Why cannot one simply put one's name in the place of others' names?

What laws do you have to protect your work were someone to lock-stock-and barrel claim what you have written as their work? Why are those laws more important than the exclusive right of distribution provided by copyright law?

I feel a victim when someone decides they have the right of distribution of one of our properly accredited products when I have not expressly given them that right just like I would assume you would feel the victim where someone to decide to replace your name with theirs as the author of an academic text.

And that product that I produced and was taken down at scribd? The guy who put it up changed the content, claimed right of copyright to my product by making it available at that site and then declared that the product was under a creative commons license and therefore saying anyone could use it under that creative commons. Nice guy, huh?

joe b.
__________________
Expeditious Retreat Press Winner of 3 Golden and 2 Silver ENnie awards!
Your Games Now, Exclusive Corporate Sponsor of the 2007 GenCon ENnies Awards!

Last edited by jgbrowning; 10th April 2009 at 05:58 PM..
jgbrowning is offline   Reply With Quote
Old 10th April 2009, 06:20 PM   #98 (permalink)
Registered User
 
malraux's Avatar
 
Join Date: Sep 2004
Location: 72227
Posts: 1,560
malraux Hobgoblin Soldier (Lvl 3)
Quote:
Originally Posted by JohnRTroy View Post
Okay, then explain to me why it's a straw man argument. If it is a straw man it should easily be defeatable and knocked down. Saying "it's a straw man" is in itself, another straw man argument, it's an attempt to ignore it and instead make an ad hominem attack. I made a basic analogy that people keep saying "piracy can't be stopped" as an excuse, but technically "counterfeiting can't be stopped" is another statement, yet will still try to stop it. You can defend piracy in other aspects, but the whole "piracy can't be stopped" is usually meant to end with "so why bother trying". Both are crimes. Both hurt people.
The difference is that increasing enforcement can reduce the number of counterfeiters and the scale of their operation. Increasing enforcement against digital piracy might decrease the number of people willing to crack DRM, scan books, re-encode files, etc, but, because it only takes one person to do it, won't reduce the number of people gaining access to the work illegally. I guess reducing the number of people involved in the original distribution of pirated works is good, but because it won't affect the number of people gaining access to the work, it is unlike the case of counterfeiting.

Quote:
Originally Posted by Mustrum_Ridcully View Post
I hate the idea of restricting a product through artificial measures so it does less than it could. But I also want to have the product in the first place, and if these measures are the only thing people can come up with to ensure they still earn enough money to create more products... I am unhappy, but I'd rather take that than nothing at all.
Personally, I don't see much unethical (regardless of legality) in purchasing a work legitimately, then grabbing the cracked/unDRMed work from the pirate sites. Hacks that remove the requirement to keep the CD in the drive in games, for example, are really hard to argue that its unethical to use.
__________________
All we want to do is eat your brains
We’re not unreasonable; I mean, no one’s gonna eat your eyes
All we want to do is eat your brains
We’re at an impasse here; maybe we should compromise:
If you open up the doors
We’ll all come inside and eat your brains
malraux is offline   Reply With Quote
Old 10th April 2009, 07:16 PM   #99 (permalink)
Registered User
 
Join Date: Feb 2002
Posts: 713
JohnRTroy Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by malraux View Post
The difference is that increasing enforcement can reduce the number of counterfeiters and the scale of their operation. Increasing enforcement against digital piracy might decrease the number of people willing to crack DRM, scan books, re-encode files, etc, but, because it only takes one person to do it, won't reduce the number of people gaining access to the work illegally. I guess reducing the number of people involved in the original distribution of pirated works is good, but because it won't affect the number of people gaining access to the work, it is unlike the case of counterfeiting.
Well, since it can be debated like this it's by no means a strong man. Piracy and Counterfeiting are both criminal acts, and federal agencies get involved in them. So I can't assume this is a straw man argument. It still damages both parties.

It's an interesting point, but because piracy can be reduced it is worth fighting. Watermarking, DRM, and others techniques are ways in which it can be done. I just hate the "defeatist attitude" people who want to excuse piracy make. Anti-Piracy techniques keep the honest honest, just like door locks.

Simple point--If you make it easy to pirate, more people will.
__________________

Forum FYI:
Kask is not the famous Tim Kask of the early days of TSR
I am that weird guy you see buried deep down in the credits section on many of EGGs later products.

JohnRTroy is offline   Reply With Quote
Old 10th April 2009, 07:47 PM   #100 (permalink)
The Ruby Lord
 
Treebore's Avatar
 
Join Date: Jan 2003
Location: Elfrida, Arizona
Posts: 6,541
Treebore Orc Berserker (Lvl 4)
"Fair Use" needs to be updated. I do a lot of on line gaming. In face to face you can pass the book around, but online you can only share by copy/pasting and sending it. It is clear that when we are done with the game we are to delete everything we are given for our characters from rule books we don't own, but its the closest we can get to "sharing" the book like we do at face to face tables.

So it would be nice if "fair use" would get updated to reflect a policy for sharing pieces/parts via the internet, especially since it involves "copies" of material from a book. We follow the spirit of fair use, but I would feel more comfortable if the written law reflected it. As it is we are probably in technical violation of it. Things like this happen all the time, and unfortunately laws often don't get updated to adapt to technology changes until after court cases occur.
__________________
It is the spirit of the game, not the letter of the rules, which is important. NEVER hold to the letter written, nor allow some barracks room lawyer to force quotations from the rule book upon you, IF it goes against the obvious intent of the game. As you hew the line with respect to conformity to major systems and uniformity of play in general, also be certain the game is mastered by you and not by your players. Within the broad parameters give in the Advanced Dungeons and Dragons Volumes, YOU are creator and final arbiter. By ordering things as they should be, the game as a WHOLE first, your CAMPAIGN next, and your participants thereafter, you will be playing Advanced Dungeons and Dragons as it was meant to be. May you find as much pleasure in so doing as the rest of us do.

-1E DMG, page 230
Treebore is offline   Reply With Quote


Bookmarks

Tags
copyright, infringement, lawsuit, piracy, wotc

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


And yet another word from our sponsors
Visit Our Sponsors
Visit Our Sponsors... Again
Powered by vBadvanced CMPS v3.0.1

All times are GMT +1. The time now is 05:42 AM.


Site Contents © 2008 ENWorld
PHP Ajax Multimedia Web Framework © 2008 Digital Media Graphix
Powered by vBulletin® Version 3.8.0 Beta 1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.2.0

"Vault Data" powered by VaultWiki v2.5.1.
Copyright © 2008 - 2009, Cracked Egg Studios.