4e / GSL D&D Fan Site Toolkit

[Mustrum_Ridcully]

Originally Posted by Dragonhelm

Again, though, how do we know this for a certainty? This is the popular opinion, but I could easily see WotC legal saying that this policy applies to all fan sites.

It can't.

I can't just write a license and claim it applies to what you do and then sue if you don't comply with it, possibly not even knowing the license ever existed.

They could use the terms of their license as a guideline to know when they start legal actions against a fan site that technically violates copyright or trademark laws - but that would not give them any more "power", since they still need to find/show the violation of laws.

[Dragonhelm]

Originally Posted by Mustrum_Ridcully

It can't.

I can't just write a license and claim it applies to what you do and then sue if you don't comply with it, possibly not even knowing the license ever existed.

They could use the terms of their license as a guideline to know when they start legal actions against a fan site that technically violates copyright or trademark laws - but that would not give them any more "power", since they still need to find/show the violation of laws.

Okay, so to be certain I have my ducks in a row here...

1. We're basically saying that this policy only applies to the kit. If I don't use the kit, then none of those rules apply.
2. Fan sites that don't use the kit are in the same nebulous gray area they've always been in, so it should be business as usual.
3. As long as I'm not attempting to make a profit off of WotC's IP, I should be okay.

Bare bones basics version there, but I think you catch my meaning.

Is this all a fair assessment?

I know it may seem like I'm being a bit too worried, and perhaps so. Reason is, the Dragonlance Nexus is a huge community resource, one that supports Dragonlance novels and games. We do our best to respect WotC's IP, and have even been cited by Scott Rouse and the novel department as a good example of a fan site.

My fear, though, is that the "suits" won't see it that way and will get a little nostalgic for the late 90s TSR days.

I've got some folks in the industry doing a little homework for me at GenCon. Depending on what they say will depend on any final decisions I make. However, I would like to be able to continue on as usual, which I believe benefits WotC and their IP.

[Mustrum_Ridcully]

Originally Posted by Dragonhelm

Okay, so to be certain I have my ducks in a row here...

1. We're basically saying that this policy only applies to the kit. If I don't use the kit, then none of those rules apply.
2. Fan sites that don't use the kit are in the same nebulous gray area they've always been in, so it should be business as usual.
3. As long as I'm not attempting to make a profit off of WotC's IP, I should be okay.

Bare bones basics version there, but I think you catch my meaning.

Is this all a fair assessment?

Yes. Though maybe with
4. As long as nobody at WotC gets crazy or more greedy than good for their reputation yadayadayada
5. I am not a lawyer.

I know it may seem like I'm being a bit too worried, and perhaps so. Reason is, the Dragonlance Nexus is a huge community resource, one that supports Dragonlance novels and games. We do our best to respect WotC's IP, and have even been cited by Scott Rouse and the novel department as a good example of a fan site.

My fear, though, is that the "suits" won't see it that way and will get a little nostalgic for the late 90s TSR days.

I've got some folks in the industry doing a little homework for me at GenCon. Depending on what they say will depend on any final decisions I make. However, I would like to be able to continue on as usual, which I believe benefits WotC and their IP.

I suspect it doesn't really matter what the suits things until someone else orders them to think about it. I might be wrong, but I do not think that the legal department of WotC is surfing the web for fan sites violating their copyright. They act on the initiative of other departments.

I might be totally wrong and I hope anyone corrects me quickly if I am, but didn't the recent copyright trial against PDF piracy also coincide with The Rouse traveling through Europe into the countries of the pirates? If that was true, it's certainly a clear sign that the legal department doesn't do this on its own...

[coyote6]

Originally Posted by Mustrum_Ridcully

I might be totally wrong and I hope anyone corrects me quickly if I am, but didn't the recent copyright trial against PDF piracy also coincide with The Rouse traveling through Europe into the countries of the pirates? If that was true, it's certainly a clear sign that the legal department doesn't do this on its own...

What difference would Scott Rouse's travel itenary make with regards to lawsuits over online piracy? It's not like crossing a border into a country magically makes you aware of what citizens of that country have posted online. Nor are you unable to access Polish websites from outside Poland, AFAIK.

Wait -- now I get it! The Rouse went abroad on a secret recon mission, to physically find and identify the pirates, to make sure that only the guilty were brought to justice. He also no doubt made a detour to the coast of Africa to rescue hostages from Somali pirates. And all this was done while he was officially vacationing on a yacht with several members of the Moscow ballet (or was it the Swedish bikini team), no doubt. His trusty butler covered for him, too! It all makes sense now!

Then this fan site thing might just be The Rouse's way of being the hero this city Internet needs, taking the fall for another popular figure who went crazy after a hideous tragedy and horrific injury. Quick, someone have the Commissioner smash the Rouse-signal, and unleash the hounds!

[CharlesRyan]

Originally Posted by Dragonhelm

3. As long as I'm not attempting to make a profit off of WotC's IP, I should be okay.

This one is a bit iffy. A lot of people think copyright violation hinges on whether you make money off your efforts, but in fact they aren't really related. Sure, if it's making you rich the IP holder will come after you faster and probably win a bigger judgement in court, but money-making isn't the legal test of whether copyright violation has occurred.

A better standard isn't whether you're making money, but rather whether your efforts hurt the IP holder's ability (actual or potential) to make money--though even that's not an actual legal test.

So a better point 3 might be something like "As long as my use of WotC's IP is moderate, supports interest in D&D, and doesn't undermine WotC's sales, licenses, or fan interest--and I'm not making any money off it--I should be okay."

[Note: I don't speak for WotC. This is purely speculative.]

That's not a legal guideline (and I'm not a lawyer (and I wouldn't dispense real legal advice on internet message boards if I was)), but it's probably a good summation of the spirit in which companies like WotC are often tolerant of people using their IP on fan sites. As others have pointed out, this assumption is based on the premise that WotC does not undergo a massive personality transplant sometime down the road.

[Dragonhelm]

Originally Posted by CharlesRyan

So a better point 3 might be something like "As long as my use of WotC's IP is moderate, supports interest in D&D, and doesn't undermine WotC's sales, licenses, or fan interest--and I'm not making any money off it--I should be okay."

Agreed.

I think, then, that the Nexus should be okay. A lot of our articles include how to use X element from Y book in Dragonlance. That right there is just more incentive to go out and buy WotC's books. We also point people to WotC's website quite often if an article catches our eye.

We do have some original content, but it isn't anything that would cause a person to not buy a book. Hell, if anything, we're told over and over that what we do is nice, but it just isn't the same 'cause it isn't from WotC or in print.