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TSR Companies & Freelancers Distance Themselves From The New TSR

The new TSR (which I refer to as TSR3 to avoid confusion) has doubled down on its stance--which has been widely condemned online--via an ongoing series of tweets and replies from its TSR Games, Giantlands, and Dungeon Hobby Museum social media accounts (possibly operated by Justin LaNasa) in an astonishing PR campaign which makes the original interview which sparked off the controversy look...

The new TSR (which I refer to as TSR3 to avoid confusion) has doubled down on its stance--which has been widely condemned online--via an ongoing series of tweets and replies from its TSR Games, Giantlands, and Dungeon Hobby Museum social media accounts (possibly operated by Justin LaNasa) in an astonishing PR campaign which makes the original interview which sparked off the controversy look mild in comparison. Various entities are moving to distance themselves from the company and its activities, including TSR2, the company founded in 2011 by Jayson Elliot, which has now declared that it will not be using the name TSR any longer. Other companies including Gen Con and freelancers such as Jeff Dee have also made statements.

For reference -- TSR1 is the (no longer existing) company which launched D&D in 1974, TSR2 is the company founded by Jayson Elliot in 2011 to create Gygax Magazine and which currently publishes the Top Secret RPG, and TSR3 is the newly launched company.



Catch up on my previous coverage of this story:


TSR3's social media accounts initially sought to distance the company from Ernie Gygax's statements, but within a few hours had reversed course and doubled down on his stance. Note that there have been dozens of social media posts from the company over the last few days, and still continuing as I type this, and I don't intend to share them all here.

(Thanks to Daniel Fox for sharing screenshots below via Twitter).

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TSR2 -- "Update to our earlier tweet - we will NOT be licensing anything from the new company claiming rights to the TSR logos. We are not working with them in any fashion."

Gen Con -- "Gen Con is not associated with TSR Games and we don't support their recent statements. While the foundation of Gen Con is tied with the history of TTRPGs, our goal is to build off the good, acknowledge the bad, and work toward a present free from racism, misogyny, and homophobia."

Gen Con has also indicated that they do not intend to allow TSR3 at the convention.

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GAMA (the Game Manufacturers Association) -- "We’re aware of the appalling statements published by TSR Games and their founder - GAMA does not condone nor agree with any part of it. We pride ourselves on supporting and promoting inclusivity always. Our motto is “A game at every table, a table for everyone”. Transphobia, racism, and sexism will not be tolerated. That means that TSR is not welcome at Origins Game Fair, GAMA Expo or any event affiliated with our organization."

Jeff Dee -- "There is a rumor going around that I am part of this new TSR company. That is not accurate. I have done some work for them as a freelance artist. That’s how I make my living, and spreading the misinformation that I’m now employed full-time by one particular client could stop other clients from approaching me and hurt my business. So, please do not spread that rumor. If I ever become a full-time employee anywhere again, I will announce that myself. Thanks. UPDATE: After investigating reports about statements made by representatives of this new TSR, I have determined that I can no longer do business with them in good conscience. I've returned their downpayment on the next piece of art I was scheduled to do for them. And yeah, I could sure use some new commissions to make up for this big hit on my cashflow"

Jim Ward, an original TSR alumnus and who wrote Giantlands, TSR3's flagship product -- "At the present time I know little or nothing about the relaunch of TSR. Right now I don't see how anyone could pick up where the old company left off. Yes it's a name with some logos, that is all I know."

Luke Gygax -- "FYI- I am not involved with any TSR company nor is Gary Con nor anyone else in my family outside of Ernie. Full stop. That is all ... I have reasons for distancing myself. The way TSR treats people online in their public exchanges is rude. The museum is a for profit business and was asking for donations. Using names of people to promote without their knowledge. Going out of the way to talk gender/woke stuff ... Also basically jacking the TSR logo from Jayson Elliot. The bombastic press releases and claims to old IP. Making a quick nostalgia money grab based on my fathers name and not much else. So I’m making it clear I don’t like this style and I have ZERO to do with TSR"

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TSR3 responds to Luke Gygax

Tim Kask, an original TSR alumnus who worked at the company until 1980, spoke at length on this topic in a YouTube video (below). I've transcribed some bits, but he says a whole load more (ellipses represent sections I have not included, for reasons of brevity), so check out the video for the whole thing.

"There has been bandied about in social media over the last several days several claims about what's going on in Lake Geneva right now. Ernie Gygax made a most egregious mistake in an interview he did on a podcast. He basically waved his bare ass in front of everybody that's concerned about pronouns, and woke, and all that right now in the industry and thumbed his nose at them. The transcript of his podcasts are there for everyone to read. That they were men, and they didn't give a sh*t, and la la la.

But right there they alienated three quarters of the gaming industry. Probably more than that, I don't believe that there's a quarter of the gaming industry that still are the neanderthals that he would make us out to be.

That's another thing. This whole thing has brought the OSR (the old school revival) into serious disrepute. Now there are some little Karens going on some of the social media and painting with the same brush all of us that were there back then based on the stupid ass sh*t that Ernie just said. No. We weren't all like that. And we aren't all like that now. He's a troll, a troglodyte, a neanderthal, if he really means that. It's a foolish person that doesn't wet his finger once in a while and feel the wind shift.

Now there've been claims in a couple of posts, one of which is by Ernie, about how the stalwarts, the old TSR are flocking to the banner. Bullsh*t....

... There is no one of the creative side of TSR from the early days involved with the Dungeon Hobby Shop Museum. No one. Not one creative person. No matter who might be claiming what, they simply do not have the credentials. Being named DiMaggio does not mean you can hit a lot of home runs. Or that you even hit any home runs ....

... Just because you say you're TSR doesn't mean you are."


 

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UngainlyTitan

Legend
Supporter
In fairness I do not think there is much Wizard can do. At the moment this is probably confined to grognards like us. If Wotc comments it becomes mainstream At that point all WoTC can say, is: "It is not us, Nothing to do with Us, not our product and we will see anyone that says otherwise in court."
 

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Zardnaar

Legend
This is a public relations nightmare.

D&D is a pop culture phenomenon.

If the roots of it are corrupt in the worst ways possible, it is a public interest story.

I hope WotC resolves this nightmare fast.

Not really. It's a storm in a teacup for the most part.

Even if the "worst" happens several corporations have direct ties to actual Nazis and the IJA from WW2 and no one cares now.

Not to mention several US corporations with similar dubious pasts.

And In a month or so no one's gonna care that much at least in terms of being a hot topic.

If WotC reacts it might actually make things worse making it mainstream.
 


Umbran

Mod Squad
Staff member
Supporter
That possibility alone would be enough for me, were I in charge of WotC, to do whatever I could to nip this in the bud before that sequence could begin; because if the D&D name/brand gets dragged into this vortex it will cost them, and big.
Problem: if Hasbro/WotC makes any move on this, the sequence likely begins, because it is a big company doing things in the middle of a melodrama...
 

Gnarlo

Gnome Lover
Supporter
There's still an ageism in that to be wary of. People of any time, and any place, can learn better than that time or place.
My father is a perfect example; racist as hell as I grew up, to the point of refusing to allow me to do a report on MLK in grade school and coming into my room and yanking the plug when The Wiz first came on network TV. Then in his late 50s he slowly became best friends with an African American man at his job, then a gay guy, and now in his mid 70's he's about as straightened out as can be, even voted for Obama which alienated a lot of the extended family who never got better.
It's never too late to improve, you just have to have the opportunity and more importantly, the desire...
 


Mannahnin

Scion of Murgen (He/Him)
Yeah, right now I don't think it affects WotC at all. They have miles of daylight between themselves and the son of the guy who invented the game but who was last in charge of it 35 years ago.

I feel a bit more concern for Luke and GaryCon, as a fellow Gygax getting tarred by association and as an OSR event where Ernie has been part of that community. At first I was a little concerned for him being as firm and adamant on Twitter as he's been, but I think he was 100% correct.

So far nothing has splashed on WotC, and the fact that Ernie's dumb interview involves him explicitly complaining about and denigrating them highly reduces the likelihood of anyone thinking he represents them in any sense.
 

gss000

Explorer
I don't believe they actually need to do this. (Caveat: I am not a lawyer and everything that follows is based on an interested layman's understanding of IP law. If an actual lawyer weighs in and contradicts me, you should assume they are right and I am wrong. The American Bar Association has not approved Internet randos as a source of legal advice.) Trademarks can be lost by failing to defend them, but copyright cannot, and it's copyright that applies to the logos. Wizards can file suit when and if they wish. And as far as I know, TSR(3) has not actually tried to sell a product named Star Frontiers yet, so that trademark doesn't need defending until they do.

I can't imagine Wizards would stand by and allow TSR(3) to profit off their IP, but they may be taking their time and waiting to see if TSR(3) implodes on its own before they step in.

From my firsthand knowledge of the U.S. Copyright Office and how copyright registration works (note: I am not a lawyer so please don't use this as legal advice!) this is not quite correct. Some logos qualify for copyright protection, but others do not because they are not sufficiently creative. Copyright, which you own the moment you write something down or take a pic, does not apply to letters, fonts, and simple phrases. Something like the TSR letter arrangement likely is not creative enough to be registered with the Copyright Office. It's just too simple an arrangement. Maybe the old dragon ampersand logo is. From: What Does Copyright Protect? (FAQ) | U.S. Copyright Office

"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. ... However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark."

You're right that if there was copyright infringement, Wizards could sue. Likely, they would first issue a cease and desist because you need to go to Federal court, and that is expensive. However, if they went to court and it was over items that were registered with the Copyright Office, that could be hundreds of thousands of dollars in statutory damages.

Anyone who wants can go to the Copyright Office's online copyright catalog and see what has been registered from 1978 on.
 


Ancalagon

Dusty Dragon
Yet.

If I'm WotC, though, and looking at possible scenarios and outcomes of all this, a worst-case might be a sequence like this:

Step 1. A major media outlet gets hold of this mess and for some reason takes it mainstream
Step 2. Somehow in that process the name "Dungeons and Dragons" gets attached to the offender(s), and sticks.

That possibility alone would be enough for me, were I in charge of WotC, to do whatever I could to nip this in the bud before that sequence could begin; because if the D&D name/brand gets dragged into this vortex it will cost them, and big.
But that attempt at nipping it in the bud could be what triggers a Streisand effect. "look at this major corporation trying to suppress the free speech of conservatives!!!" Can you imagine?!?

edit: several others beat me to the punch. But if several of us had the same idea, it means that TSR might actually want for WotC to do something so they can go to the media and get tons of free publicity.
 

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