D&D 5E Community Content Enforcement in the DM's Guild (Does it literally even?)

[delericho]

Is it just me, or is there a lot of content on the DM's Guild that breaks its Community Content Agreement? As an author who uses it, and tries to make money off it, I am very conscious not to unintentionally cross lines. Even so, I often see products uploaded that seem to do so explicitly.

I have seen inaccurately cited and uncited art. (It is quite one thing if said art exist in the public domain, and another if it is clearly used without permission.) On the licencing side, I read one product today that is to be used with "the fifth edition of the world’s most popular roleplaying game - the one we can’t name due to trademark laws." ( Except you can? Are you telling me this is posted somewhere else?) I read another product from the Guild that even had an Open Content declaration and came affixed with its OGL!

So, since some of this stuff clearly has to do with possible IP law violations, I would image that the powers that be would respond to protect themselves. Even so, how they would do so seems unclear. Are there report buttons on the Guild that I don't know about? What does breaking the CCA look like as far as punishment is concerned? Is it even enforceable? Can we all sweep this under the rug with Fair Use?

I wonder what the community makes of this, or what insight you guys might be able to provide.

This all sounds very much like the problems they encountered early on with people mis-using the d20 license. I'd expect much the same things to play out here: they'll have some stern words with some publishers, they'll outright block some others, but the market will take place of the vast majority of the issues fairly quickly.

 

[BoldItalic]

I think the expectation is that the community itself will help to police the content. If we come across an offering that clearly belongs in a different section of the RPGNow system (such as OGL stuff), or a prima facie case of copyright infringement, then there is already a mechanism for contacting the admins and reporting it. But it relies on someone being concerned enough to bother (and sure enough of their ground).

Moral issues aside, people who are merely consumers (which is most of us, at this stage) have nothing much to gain by cleaning things up because all it does is to reduce our choice. We would be shooting ourselves in the foot. By contrast, authors and would-be authors do stand to benefit if only because reducing the competition makes their own products more visible. So in practice, it will fall to authors, as a body, to police themselves and each other.

 

[Xethreau]

They actually updated their terms of use regarding art.

Wow, okay! Can I get a link?

 

[Jester David]

Wow, okay! Can I get a link?

No.

The Community Content Agreement is visible when to start to submit a new file. Likely since they probably don't want regular users stumbling into a wall of text and feeling intimidated. But if you choose "enter a new product" you can read them.

At the bottom is the changelog:
On 15-January-2016 we amended sections 2c and 8c to clarify illustration and maps usage.

With those sections being :
2. Intellectual Property Definitions
(c) “User Generated Content” shall be defined as the copyrightable elements included in your Work, such as original characters, scenes, locations and events. User Generated content shall not include the illustrations and cartographic artwork included in your work. Per the terms of this Agreement, you expressly agree that your User Generated Content, once submitted to the Program will become Program IP and useable by other members of the Program as well as the Owner as described in this Agreement.

8. Representations, Warranties and Indemnity.
You represent and warrant that:
(c) Excluding the Owner’s IP and Program IP which we license to you and excluding the illustrations and cartographic artwork in your Work, you are the sole owner of all rights in your Work. You have the rights or license to use the illustrations and cartographic artwork in your Work.

 

[Iosue]

Right now we've seen on this board people getting confused regarding DMs Guild and OGL products. It's not surprising that a few inappropriate products have made their way there. Mearls mentioned on Twitter that he got a report/list of DMs Guild products. Somebody at either OBS or WotC is keeping their eye on things.

 

[defendi]

I've purchased a product only to have it removed after as well.

 

[Morrus]

I've purchased a product only to have it removed after as well.

That's slightly problematic. Some people purchase something but don't download it immediately. Are you unable to access the product at all? If not, I don't think a refund request is unreasonable.

 

[defendi]

It was pay what you want, so honestly, the price I paid isn't worth the time it would take me to get the refund (I just paid the average figuring I could throw him some more bones if I felt guilty after I saw the actual product). And I got the product. It was spell cards. I forgot when I bought it that Gale Force 9 already had a spell card product.

 

[Mark CMG]

Some kind of monitoring is going on. I've already noticed two products that have been removed. One, in particular, was really noticeable since it was for 4e.

I wonder what happens when they decide it is time for 6E? Will all of the DM's Guild content be taken down and disallowed to sell elsewhere based on the license as it is now?

 

[Xethreau]

Thought you guys might find this interesting. I inquired about all this to customer service and got two replies within 12 hours. Basically I asked if there was a such thing as a report button for CCA agreement / licencing / copyright violations. This is what they said:

There is not currently such a tool available.

Your note has been passed along to our decision makers to see if it is something we can incorporate. We very much appreciate your business and your assistance in making our site better.

We apologize for the repeated contact.

We just wanted to pass along that our decision makers are still discussion a tool such as you suggested.

In the mean time, please feel free to use the Contact Us form to let us know of any potential copyright violations that you might see.

So, I guess they are keeping a list and checking it twice.