Another Cease and Desist Letter: 4E Powercards

[Obryn]

Honestly, I saw this one coming a mile away...

-O

 

[Admiral Caine]

The creation of a copy by an individual, for personal use (probably) falls under fair use. I say probably because fair use is not very clearly defined.

However, what is clearly defined is the exclusive right of the copyright holder to distribute the information. As soon as those "for personal use" cards are posted on a public website, you are distributing that copywritten information. That is a violation of the copyright. And since 1997's NET act, such distribution can even be a criminal act if in sufficient quantities.

edit: This is, of course, assuming that the powers which the cards represent are from WotC's published and copywritten books, and not new powers written by the card creator.

No contest sir. I was merely trying to draw the poster out in conversation. My players are disappointed, but I'm not prepared to argue on the site's behalf. Not from a legal point of view anyway. WOTC is within their rights.

From a Public Relations perspective, I think this is unfortunate. I understand that a company must defend its copyright, or risk losing it. However this sort of thing is often just interpreted as the Company trying to sell more product exclusively.

 

[Varianor Abroad]

While Wizards is perfectly within their rights to protect their copyrights and IP by doing all of this, it seems a disservice to the community. Many will shell out for the "official" card. IMO, this restricts gamers from playing the game more often by taking away a minor, handy tool that you need to play. Why force everyone to copy it onto their own index card themselves? Why not incent more playing of the game?

 

[Urizen]

Hmm,

I wonder if this might affect publishers who produce books with power cards based on new content.

One would think it's OK to do so, but if WOTC determines it's an infringement on their design... hmmm.

Maybe I should rethink publishing power cards with my first 4e supplement.

Time to talk to my lawyer.

 

[Dire Bare]

I'm on WotC's side on this one, hands down. Sounds like Ryan's site was pretty neat and had some cool functionality, but also sounds like it pretty clearly violated WotC's IP rights.

If you want to put up a fansite for BLANK power cards, go ahead!

If you want to put up a fansite for power cards with prefilled into straight outta WotC's rulebooks . . . . you deserve a smackdown.

Why should WotC allow some fan who didn't do his homework to create a site (or product) that directly competes with their online offerings (Charcter Builder) and print offerings (this spring's power card decks) using their own IP? Expecting them to allow that kind of crap for "public relations" or as a "fan service" is just ridiculous IMO.

 

[Dire Bare]

Hmm,

I wonder if this might affect publishers who produce books with power cards based on new content.

One would think it's OK to do so, but if WOTC determines it's an infringement on their design... hmmm.

Maybe I should rethink publishing power cards with my first 4e supplement.

Time to talk to my lawyer.

Yes, you should talk to your lawyer.

But I'm pretty sure printing blank power cards or power cards with non-WotC powers on them is okay. It's offering power cards with WotC power info on them that is the problem and is also clearly an IP violation.

 

[Nymrohd]

WotC is losing a lot of money on different forms of pirated content. Would it be bad PR if they served a similar order at someone distributing PHB pdfs? Not likely, people are far more cautious on what side they take on the piracy debate. How is this occurance essentially different though? This site did distribute a rather large part of the PHB illegally. It seems that while it is easier to criticize the anonymous distribution of pirated IP through vast networks we seem on the fence when the same action is taken by a member of the community. Vernacular morality (not a kosher term I guess but still, I feel, fitting) is irrational.

 

[Urizen]

Yes, you should talk to your lawyer.

But I'm pretty sure printing blank power cards or power cards with non-WotC powers on them is okay. It's offering power cards with WotC power info on them that is the problem and is also clearly an IP violation.

I could be wrong (probably am, which is why I'm going to talk to my lawyer), but it seems to me that even selling the power card DESIGN is a violation of their trade dress, especially if they (WOTC) start selling them.

I mean, you can't do that with Magic: The Gathering cards.

 

[Scribble]

They were complete powercards based upon the PHB. It had a rather neat functionality: You could "build" a deck of power cards by selecting just the ones you needed. The site would then generate a document that would allow you to print out the power cards you had specifically selected.

I am neither approving or condemning, but as far as design, layout, and function, it was a pretty neat site.

Not suprising then it got the smackdown though.

I mean I have a copy of counter collection digital from Fiery Dragon. (Awesome btw!) If I made a site where a DM could select the monsters in an encounter and have it generate a document that would populate with the monster pictures from that collection... Would anyone agree that's fair to FD?

 

[Admiral Caine]

Why should WotC allow some fan who didn't do his homework to create a site (or product) that directly competes with their online offerings (Charcter Builder) and print offerings (this spring's power card decks) using their own IP? Expecting them to allow that kind of crap for "public relations" or as a "fan service" is just ridiculous IMO.

I respect your right to feel differently. Particularly since the majority of posters concede that WOTC is in the right. Even those that are disappointed.

However, you attack people for the way they think. That's not necessary. Loaded words like "ridiculous" and "crap" are just designed to get an emotional response. They're not needed in a mature conversation.