BDKR1 The Unofficial Living Greyhawk Bandit Kingdoms Summary

[Frylock]

Copyright Experts Are Everywhere

Where on Facebook? I don't know that much about copy right but I doubt the copyright expired for the WOTC/TSR IP property. And the author's claim that its an academic work probably doesn't hold much water. Never the less I wish him all the best.

Mike

I haven't read the work itself, and that makes commenting on it uncertain. However, I've read the description of the product, and I've read many posts by the author. The author has many misconceptions as to how copyright (and trademark) work, and I've been told (objection! hearsay!) that he believes this is a clear case of educational fair use. Besides the dangers generally of relying on fair use, I don't see how he falls under the definitions provided by the guidelines, and (again, hearsay) he appears to be quite arrogant in his belief that he's right (ignoring what lawyers have told him), suggesting he's going to press this issue in court.

So, in short, it looks like 1) he doesn't understand his own issue, 2) he's almost certainly in the wrong, and 3) he's going to fight it. Your well-wishing might go unfulfilled. He's looking at a ton of damages here.

For you information, here's a relevant excerpt from Stanford's article on the "educational fair use" guidelines. I'll probably write a new article on educational fair use for my Protection from Chaos series on Loremaster so I can provide a little more information, but for now, this will have to do.

What Is an “Educational Use”?

The educational fair use guidelines apply to material used in educational institutions and for educational purposes. Examples of “educational institutions” include K-12 schools, colleges, and universities. Libraries, museums, hospitals, and other nonprofit institutions also are considered educational institutions under most educational fair use guidelines when they engage in nonprofit instructional, research, or scholarly activities for educational purposes.

“Educational purposes” are:

-- noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions
-- planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or
-- presentation of research findings at noncommercial peer conferences, workshops, or seminars.

Rules for Reproducing Text Materials for Use in Class

The guidelines permit a teacher to make one copy of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay, or short poem; a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
Teachers may photocopy articles to hand out in class, but the guidelines impose [many] restrictions.

 

[Alzrius]

Where on Facebook? I don't know that much about copy right but I doubt the copyright expired for the WOTC/TSR IP property. And the author's claim that its an academic work probably doesn't hold much water. Never the less I wish him all the best.

Mike

Well, I've never seen the author's Facebook page. According to his Canonfire! profile, it's found here, but when I go there now Facebook can't find it.

The claims I was referring to were on the first page of the Piazza thread that Big Mac linked to above.

I haven't read the work itself, and that makes commenting on it uncertain.

I've read the book, and - based on what I remember from one class I took that had an overview of (American) copyright - doesn't he need to actually reproduce some of Wizard's intellectual property in order to violate their copyright? Isn't it okay to write about something that someone else owns, so long as he isn't actually reproducing it? He doesn't reprint any existing material in the book itself (save for one humorous "in-character" posting on an internet group for his region).

 

[haakon1]

I got the book from Amazon today. Here's what it's got (not commenting on it, just listing it, since people seem fascinated):

-- "I had to save the bad guys from the other PC's." (p. vii). A short homage to the Bandit Kingdom's Living Greyhawk campaign and its CN spirit.

-- "Behind the Curtain" (p. 1-6). An essay on EL v. APL in setting appropriate levels for Living campaigns. I fast-forwarded, as I run a home campaign.

-- "Index of Living Greyhawk Bandit Kingdom Scenarios" (p. 7-9). Greyhawk Common Year chronology of when each scenario took place (with name, author, and code).

-- "Living Greyhawk Bandit Kingdom's Scenario Summaries" (p. 11- 51). Code, Name, Author, Adventure Path, Setting, and Summary (typical one paragraph). So also have Commentary like: "The theme of evil fighting evil, with the PC's having to decide which was the lesser, would be a common one for the region and part of the BK's unique flavor."

-- "Adventures by Location" (p. 59-63). Like the first index, but by location rather than timeline.

-- "Timeline of Major Bandit Kingdom Events" (p. 65-75). Timeline of events from 576 CY (Gygax's Boxed Set) through 598 CY (end of the campaign).

-- Three appendixes: In game letter from a PC taunting an Iuzian baddie. Quote sheet from the game. "Those Who Served" list of people who ran the BK LG campaign.

The back cover has some legalese on it. <shrug>

 

[haakon1]

As for my commentary on it:

I think you had to be there. I think this book would probably rewarm fond memories for the people who wrote the adventures, and presumably the people who played through them.

But it's basically just a high-level summary of events in somebody's campaign, not a narrative an outsider can follow. And no "in game" material AT ALL.

The one somewhat interesting section for someone who wasn't in this campaign (e.g., me) is the 10-page "Timeline of Major Bandit Kingdom Events". I'm not sure these 10 pages are worth the $10 I gave Amazon, but it's definitely worth reading. Some of the ideas here really made me smile, about connections to other parts of the wide world of Greyhawk. It sounds like the BK LG people had a good, fun campaign.

Examples:
-- Alhaster and Prince Zeech references, hinting at a connection to the Age of Worms Adventure Path from WOTC.

-- Canceri plane references, hinting a connection to the Shackled City Adventure Path from WOTC

-- References to Tharizdun, Hextor, the Horned Society, Rovers of the Barrens, Shield Lands, lots of good stuff.

At the end of day, I doubt I will use much if anything from the timeline, but it was a fun read.

 

[Alzrius]

But it's basically just a high-level summary of events in somebody's campaign, not a narrative an outsider can follow.

I wouldn't say that. I've never played in any sort of Living/organized play campaign, and I very much enjoyed reading this, both because I enjoy Greyhawk and because it made me wish I had played in LG.

-- Alhaster and Prince Zeech references, hinting at a connection to the Age of Worms Adventure Path from WOTC.

Actually, the author says that the Age of Worms AP is "non-canon" to Living Greyhawk. I wouldn't have put it quite that way, but I understand what he's saying. Trying to practice "canon-reconciliation" between what's here and what's in Age of Worms could be fun.

-- Canceri plane references, hinting a connection to the Shackled City Adventure Path from WOTC

Hm, I didn't take anything in about a connection between that AP and the Bandit Kingdoms in particular (since that region is very far from where Cauldron is located, if I recall correctly).

At the end of day, I doubt I will use much if anything from the timeline, but it was a fun read.

For me, it was like a glimpse back into the 2E era (as ironic as that sounds, since LG was uniquely Third Edition), when campaign settings were riding high and their events and stories were what the game was all about (for me, at least).

 

[Frylock]

You're Asking the Wrong Question, but It's a Good One

I've read the book, and - based on what I remember from one class I took that had an overview of (American) copyright - doesn't he need to actually reproduce some of Wizard's intellectual property in order to violate their copyright? Isn't it okay to write about something that someone else owns, so long as he isn't actually reproducing it?

Your questions are asking whether or not there's infringement in the first place, but the author is conceding there is as soon as he appeals to the affirmative defense of fair use. However, this post will answer your questions. Unfortunately, the answer is "It depends." *sigh* First, I'm not sure how you can summarize the storylines without infringing upon them. Do they read as vaguely as, "So then, this other guy, cast a spell, causing this kingdom to have something bad happen, and that made this other other guy really mad. He cast a magic spell that does something cool, and that caused . . . ." If you've filled in the blanks with characters, places, and event-specific information, it's going to look a lot like a Greyhawk book, even if it isn't a word-for-word transcription, and that sounds like a derivative work.

Second, copyright infringement is essentially a matter of vague line drawing. My favorite example of that is this:

If I draw a stick figure, there's no copyright (not creative enough). If I give it a buzzcut, then maybe it's creative enough, but no infringement. If I make it shorter than the other stickfigures, infringement? Mmmmm, probably not. What if I name him Belkar? What if I name one of the other members Roy and shade him so that he looks like he has a dark complexion? As I build the characters, eventually they'll cross some magical line into infringing Rich Berlew's Order of the Stick. When exactly that happens is tough to predict. There are some "smell tests," but ultimately, every case is different and argued on its own merits. While there are "tests" and "factors," it's tough to predict, especially here where I haven't seen it. (Not that I'd give specific legal advice on his case via the internet if I had.) Have all the references to characters, places, and events in the book crossed the line into infringement of the world of Greyhawk? That's the question, isn't it? (Yes, it is.)

I will add two thoughts I deem relevant:

1. Storylines are protected by copyright, and the author is summarizing storylines, right?
2. The authors of the adventures, not WotC, might actually own the storylines. Literary works aren't subject to the work-made-for-hire doctrine (in America, at least), and WotC (to my knowledge) hasn't secured copyright assignments from any of the authors for its living campaigns.

It gets rather convoluted, and there are more twists and turns I could add to #2, but my knee jerk reaction is that I seriously doubt Casey (the author of this work) has a good chance of winning. #2 is just a matter of how many plaintiffs there might be.

However, my opinion doesn't matter, as I haven't even seen the product. He, and all of you in his position, need either 1) to back down, or 2) to get an attorney and follow the attorney's advice faithfully. Any other option is trouble, and even option #2 is expensive if you win. Option #1 is always the most attractive option to people, and if Casey is willing to listen to people that can knowledgeably correct his many misstatements of IP law, he might also begin to see #1 as the most attractive for his case.

For more information on some of these topics, visit my Protection from Chaos series on Loremaster.org. In light of this case, I'll be writing an article on educational fair use.

NOTE: Now I'm really concerned. Someone just posted to the Facebook thread the idea of a Kickstarter project to help fund the defense. My head is about to explode. This is no longer a simple matter of an ignorant author recklessly defending a difficult position. If a kickstarter project starts, don't back it without the specific advice of your own attorney who has access to the specific facts of the case. If you think that sounds silly (i.e., spending money on your own attorney for someone else's case), you're absolutely right, because you have nothing to gain and everything to lose by throwing your money into a losing cause in which you have no real stake. Am I allowed to use profanity on ENWorld? I'd really like to do so right about now.

 

[Mark CMG]

NOTE: Now I'm really concerned. Someone just posted to the Facebook thread the idea of a Kickstarter project to help fund the defense.

That won't happen, at least not that way.

Community Guidelines - Kickstarter

Terms of Use - Kickstarter

 

[Frylock]

That won't happen, at least not that way.

Still, the fact that someone suggested the author do that seems very reckless. I understand wanting to help someone's cause, but not without doing some serious research and consulting a neutral expert on the subject. Sometimes, people amaze me.

 

[qstor]

Examples:
-- Alhaster and Prince Zeech references, hinting at a connection to the Age of Worms Adventure Path from WOTC.

-- Canceri plane references, hinting a connection to the Shackled City Adventure Path from WOTC

-- References to Tharizdun, Hextor, the Horned Society, Rovers of the Barrens, Shield Lands, lots of good stuff.

I'm not an IP lawyer but, when I first read the Facebook thread I went right to the Living Greyhawk Gazetteer. The stuff above particularly named NPC's and named Greyhawk locations I see as copyright protected material. Its one thing to "say" for profit "WOTC has settings in Forgotten Realms and Greyhawk blah blah" but Prince Zeech did this and continue with Hextor etc. Its clear a lot of that material is in the LGG and from my limited perspective that's copyrighted material by WOTC.

I've written a few LG modules and apparently the rights for some of the material reverted to me. But I don't have any plans to reprint that material for profit.

Mike

 

[vvincent]

Hey Fryrock,

I'm the one who suggested that Casey start a legal defense fund. I'll admit that I intended the post to be tongue-in-cheek, which is how I also interpreted the Kickstarter comment. Kickstarter is intended for creative projects - not legal defense - and they require your project to be submitted for approval. So I wouldn't realistically expect anything like Kickstarter if Casey did, in fact, need some assistance in covering any legal bills. Now a Bandit Kingdoms telethon would be another story.

With respect to the rights on Living Greyhawk adventures, all adventures published in the first two years of the campaign (2000-2002) were purchased by WotC. Beginning in Year 3 - all regional and metaregional adventures were volunteer-created and not sold - only licensed - to WotC. WotC had distribution rights for two years, after which all rights reverted back to the author. The author could then (re)sell the adventure, provided that any IP or copyrighted material was removed. Some authors, like Ron Lundeen, have done just that. (shameless plug for Ron's publishing company, Run Amok Games)

The BK book isn't a reproduction or re-release of those adventures - its a summary of the plot and events, which also includes commentary and analysis. Of course, I'm not a lawyer, so I don't absolutely know for certain if those things aren't prohibited by IP or copyright law. But from my layman's understanding, I don't have to own the rights to a work of art if I want to, for example, write a book that comments on or analyzes said work - as long as I'm not reproducing the work. The best example that comes to mind is the Unauthorized Harry Potter book that organized all of the clues and events from the 7 novels and related material. Again, I could be mistaken - and please correct any misapprehension on my part.

In any case, Casey knew it was a sausage grinder he was sticking his hand into, and he seems to have his response well in hand, so - beyond the fact that he's a friends and former colleague, I'm not really that worried about him.

Vernon L. Vincent
former Verbobonc Triad for Living Greyhawk