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TSR TSR3.5 Launches IndieGogo Campaign to "Stop" WotC

The latest in the TSR3 saga, which has gone quiet for a while, is a new IndieGoGo campaign launched to "stop Wizards of the Coast". They cite wrongful bullying of TSR, and refusal to answer requests that WotC show TSR "proof of their claims" (although the campaign page doesn't mention what those claims are). The IndieGoGo campaign was launched yesterday and has so far raised $675 (at the time...

The latest in the TSR3 saga, which has gone quiet for a while, is a new IndieGoGo campaign launched to "stop Wizards of the Coast". They cite wrongful bullying of TSR, and refusal to answer requests that WotC show TSR "proof of their claims" (although the campaign page doesn't mention what those claims are).

The IndieGoGo campaign was launched yesterday and has so far raised $675 (at the time of writing).

The action TSR seeks is a "Trademark Declaratory Judgement of Ownership" which is a court declaration about the status of something in dispute.

TSR has launched a campaign to stop Wizards of the Coast

Become a Champion of TSR and Support TSR’s campaign against Wizards of the Coast!

TSR is taking a stand against Wizards of the Coast (“WOTC”) and its wrongful bullying of TSR, our trademarks, and its public libeling and slander of all those who helped create TSR based Dungeons & Dragons and products.

Wizards of the Coast has continually bullied TSR regarding TSR’s legally owned Trademarks. Wizards of the Coast has refused to answer all of TSR's repeated requests that they show any proof of their claims. Wizards of the Coast has the vast resources behind them and is implying to bring them to bear down on TSR.


The new TSR suffered widespread pushback when it launched, which they blamed on WotC, claiming that they were under a "coordinated assault across various channels being mounted.... by [WotC]" The company announced itself earlier this year, having acquired the TSR trademark after the previous holder accidentally let it lapse. It was run by Ernie Gygax, Justin LaNasa, and Stephen Dinehart. After several weeks of controversy, the company split into two -- Wonderfilled (Stephen Dinehart), and TSR (Ernie Gygax and Justin LaNasa).


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The page also indicates an intention to "fight to have WotC's legacy product disclaimer removed" from older products (that's the disclaimer on the older books available on DMs Guild which indicates that those books are products of their time) by claiming that the disclaimer portrays the creators of those older products as "as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products".


TSR will also Fight to Have the WOTC Legacy Disclaimer Removed

TSR is suing WOTC for Trademark Declaratory Judgement of Ownership . TSR will also pursue in the near future having WOTC remove the legacy content disclaimer placed on TSR based Dungeons & Dragons and other products, and retractions of any other libel and slander which alleges that racism and other heinous beliefs are incorporated into those products.

This disclaimer attempts to make a statement of fact argument, and therefore paints all of the writers, editors, artists and consumers of those products as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products. This statement by Wizards of the Coast opens the possibility for the producers and players of these "Legacy Products" to face ridicule, and face the labeling as "bigots", "racists", "misogynists", and worse Cyber & Physical Attacks!

Wizards of the Coast legacy content disclaimer.

"We (Wizards) recognize that some of the legacy content available on this website does not reflect the values of the Dungeons & Dragons franchise today. Some older content may reflect ethnic, racial, and gender prejudice that were commonplace in American society at that time. These depictions were wrong then and are wrong today. This content is presented as it was originally created, because to do otherwise would be the same as claiming these prejudices never existed. Dungeons & Dragons teaches that diversity is a strength, and we strive to make our D&D products as welcoming and inclusive as possible. This part of our work will never end".


TSR3's Justin LaNasa spoke about the campaign in a YouTube video.


 

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Umbran

Mod Squad
Staff member
Supporter
Finally, the complaint doesn't haven any attempt to make a claim for libel or to force WoTC to remove the warnings on older products- that's just inane and puffery, and a sure sign that the legal fundraising is a grift.

Note: the fundraising video makes pretty clear that removing the warnings is to happen after the other issue is addressed. So, I would not expect to see them in the same filing.
 

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Bolares

Hero
Quick thing on marks (trade or service)- they are not acquired through registration, they are acquired through use.

There are definitely benefits to registering a mark that you are using, but it's not the case where one day, Coca Cola will let their mark "lapse" and some person will be like, "Oh, look, I can register that mark and they will have to pay me lots of money!!!!! Yay me!!!!!"

That's not how things work.
DAMN! There goes my retirement plan :(
 

Ath-kethin

Elder Thing

One element of all this that I find confusing is the Star Frontiers: New Genesis release. For those that don't know, Michael announced that the first printing of this went on sale at the brick-and-mortar store/museum on 10/13 and immediately sold out. It went straight from being "coming soon" to "sold out" on the website. Michael also refused to answer questions about how many copies were sold, and TSR has never commented on things like page length, authors, ISBN, or any other details about the book. This lead to some people questioning whether it was real. TSR responded to those rumors by adding some photos on their website. The pics show a really short, spiral bound book like you could get made at Staples.

So... why? They already had a warning from WotC telling them not to do it. If WotC takes them to court, they'll be forced to release details about the sale. It couldn't have been a big enough sale (in person, in one night) to make a significant amount of money. TSR has been asked before and after this happened about upcoming releases, yet they never hyped the SFNG sale or gave a date for a second print run. The book is incredibly unprofessional looking; there's no reason to think that a re-print would require more than a trip to OfficeMax.

I just don't get it. The best I can figure is that they were intentionally poking at WotC to see how they would respond. Maybe they wanted to goad WotC into taking more legal action, or were hoping for a Streisand effect? Are they just trying increase perceived scarcity to help sales of the next release? That seems unlikely, since they've done so little other work promoting it. Or maybe they had a contractual agreement with a (so far, unnamed) author that required a release by a certain date?
 


DarkCrisis

Reeks of Jedi
Everything I've heard about Ernie from those who have known him for a long time, including people I respect, all say a similar thing. He's a genuine nice guy who wants to help people, but is easily manipulated and desperately wants to cement his name in the D&D legacy as more than just "Gary's son." Those latter two things make him especially vulnerable to people like Justin.

I'm not excusing his comments, or saying he doesn't have responsibility (he's a grown man, after all).
This is what I think. I think Ernies a nice older dude whos unfortunately thrown in with some bad people that's taking him for a ride.
 

DarkCrisis

Reeks of Jedi
I was going to use M*A*S*H as an example. I recently started watching it and it is very good - and quite sexist. Every work of art will reflect the era it was made in, and that includes the prejudices of said era. I like to believe that there is a middle road between pretending those prejudices didn't exist, and condemning older art to the dustbin.
First time I watched MASH (when i was younger), I loved it. Went back to it earlier this year and holy crap is it sexist.
 

Snarf Zagyg

Notorious Liquefactionist
I just don't get it. The best I can figure is that they were intentionally poking at WotC to see how they would respond. Maybe they wanted to goad WotC into taking more legal action, or were hoping for a Streisand effect? Are they just trying increase perceived scarcity to help sales of the next release? That seems unlikely, since they've done so little other work promoting it. Or maybe they had a contractual agreement with a (so far, unnamed) author that required a release by a certain date?

Never attribute to cunning and strategy what can easily be attributed to stupidity and ignorance.
 


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