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OrcPub is Closing Down
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<blockquote data-quote="epithet" data-source="post: 7266538" data-attributes="member: 6796566"><p>I think I have been consistent in saying that WotC had no choice but to shut OrcPub down once he started asking for money. I would obviously demand that he cease and desist, and that any money he received be remunerated to me. I'm a lawyer, after all. We do that. My main interest, however, would be in preserving my intellectual property rights, because (broadly speaking) you lose them if you don't enforce them. I think we are all on the same page on that, possibly excepting one or two among us who seem to feel that this is more of a moral issue than a legal issue.</p><p></p><p>Where we differ is on whether a digital version of a product is a different product. In some ways it is, in others it is not. I think the real crux is the last line of yours that I quoted, though. Everyone needs to be paid for the work they do (unless they willingly do it for free.) Wizards of the Coast wrote a book, a printer bound it into a hardcover, SmiteWorks coded a module for Fantasy Grounds, and Curse coded an online database. Everyone needs to be paid for their work, but apparently Wizards needs to be paid thrice over. A bundle would presumably let everyone be paid once, leading to customer goodwill. It's like buying a blu ray disc that comes with a DVD and an online digital copy from iTunes.</p><p></p><p>Now, no one is saying that a movie studio has to provide a bundle pack. In fact, they sometimes don't. People who want a bundle and can't find one will be annoyed. People who want to load the movie on their device but can't get the digital copy from iTunes will rip one from the disc, or just download it illegally. I'm not saying it's justified, but it is inevitable. If you want to effectively discourage piracy, the first thing you need to do is make sure that people can buy your product in the format they want to buy it in. But that's not really applicable to the OrcPub situation, because OrcPub wasn't pirating a WotC product. As I understand it, OrcPub was using trademarked D&D terms without ever reproducing copyrighted text (I never really poked around the site to see, so I might be mistaken about that.)</p><p></p><p>My point is that there is clearly a demand for a character generator (and not one limited to the SRD races and classes) that does not require the repurchase of the D&D books. This is actually pretty reasonable, since a simple character generator like the one OrcPub offered is by no means a replacement for the PHB. People who were keen to use OrcPub weren't necessarily interested in having online access to the PHB in all its digital glory, they just wanted (I believe) a tool that made it more convenient to put together a character sheet using the Player's Handbook they have on the shelf. DDB offers an incomplete free version, with the option to complete it by repurchasing the entire digital book. What's missing is the ability to access a complete character building tool that doesn't include the full text of the relevant books in all of their hyperlinked glory.</p><p></p><p>The interesting question to me--and this is not my area of practice, so I don't know the answer--is how much unlicensed copyrighted content could be included in a free character builder tool under Fair Use. Wizards seems to be taking the official position of "none whatsoever," but that doesn't seem to be a position they could enforce under the law.</p><p></p><p>Anyway, it's late and I'm rambling now. Hooray for civil discourse.</p></blockquote><p></p>
[QUOTE="epithet, post: 7266538, member: 6796566"] I think I have been consistent in saying that WotC had no choice but to shut OrcPub down once he started asking for money. I would obviously demand that he cease and desist, and that any money he received be remunerated to me. I'm a lawyer, after all. We do that. My main interest, however, would be in preserving my intellectual property rights, because (broadly speaking) you lose them if you don't enforce them. I think we are all on the same page on that, possibly excepting one or two among us who seem to feel that this is more of a moral issue than a legal issue. Where we differ is on whether a digital version of a product is a different product. In some ways it is, in others it is not. I think the real crux is the last line of yours that I quoted, though. Everyone needs to be paid for the work they do (unless they willingly do it for free.) Wizards of the Coast wrote a book, a printer bound it into a hardcover, SmiteWorks coded a module for Fantasy Grounds, and Curse coded an online database. Everyone needs to be paid for their work, but apparently Wizards needs to be paid thrice over. A bundle would presumably let everyone be paid once, leading to customer goodwill. It's like buying a blu ray disc that comes with a DVD and an online digital copy from iTunes. Now, no one is saying that a movie studio has to provide a bundle pack. In fact, they sometimes don't. People who want a bundle and can't find one will be annoyed. People who want to load the movie on their device but can't get the digital copy from iTunes will rip one from the disc, or just download it illegally. I'm not saying it's justified, but it is inevitable. If you want to effectively discourage piracy, the first thing you need to do is make sure that people can buy your product in the format they want to buy it in. But that's not really applicable to the OrcPub situation, because OrcPub wasn't pirating a WotC product. As I understand it, OrcPub was using trademarked D&D terms without ever reproducing copyrighted text (I never really poked around the site to see, so I might be mistaken about that.) My point is that there is clearly a demand for a character generator (and not one limited to the SRD races and classes) that does not require the repurchase of the D&D books. This is actually pretty reasonable, since a simple character generator like the one OrcPub offered is by no means a replacement for the PHB. People who were keen to use OrcPub weren't necessarily interested in having online access to the PHB in all its digital glory, they just wanted (I believe) a tool that made it more convenient to put together a character sheet using the Player's Handbook they have on the shelf. DDB offers an incomplete free version, with the option to complete it by repurchasing the entire digital book. What's missing is the ability to access a complete character building tool that doesn't include the full text of the relevant books in all of their hyperlinked glory. The interesting question to me--and this is not my area of practice, so I don't know the answer--is how much unlicensed copyrighted content could be included in a free character builder tool under Fair Use. Wizards seems to be taking the official position of "none whatsoever," but that doesn't seem to be a position they could enforce under the law. Anyway, it's late and I'm rambling now. Hooray for civil discourse. [/QUOTE]
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