Lord Xtheth said:
Well, now that I've read the entire thing word for word, one part of the GSL kinda jumped out at me, especially after Wizards expressly forbids us stealing their intelectual property.
GSL said:
18. Independent Development. Nothing in this License will impair Wizards’ right to acquire, license, develop, have others develop for it, market and/or distribute materials or products that contain concepts, storylines, or other content similar to, or otherwise compete with, Licensed Products.
Legalese to english translation:
Wizards may take your intelectual property you wrote using this liscence and use it themselves in part or in whole if they wish.
I mean, I still want to publish D&D material, but come on, if I write an epic adventure (Which I did) Wizards is stating that it can take the whole storyline I wrote and make their own exact copy if they want, and I can't do anything about it?
No. At least, I don't think so. The important phrase in the quoted language is "*independent* development", ie they created it on their own. As far as I can tell, WoTC is covering their behinds so if they make something similar to you, you can't turn around and claim they stole your idea.
In any event, they can steal your ideas, license or no license. In terms of copyright protection, ideas are not protected.* Only expression of a particular idea is protected. To take a simple example, a particular picture of a demon (say the picture on the cover of Fiendish Codex I) is expression. The idea of a demon is not, and the very idea of a demon can't be copyrighted.
I suspect this is why Reaper can make the
Bathalian miniature which looks a whole heck of a lot like a Mind Flayer (which isn't open, right?) and not expect a letter from WoTC's lawyers. Reaper's expression of the idea of a
Tentacle headed monster is different enough from WoTC's images to be protected.
The distinction between ideas (not protected) and expression (protected) is somewhat vague, but certain things are known. General ideas - the idea of a play about star-crossed lovers, are not protected. Specific expression- eg, the exact text of Romeo and Juliet would be protected (if Shakespeare were still alive and his work were not in the public domain). Essentially, the closer you get to copying specific expression, the more likely you are violating someone's copyright.
Regarding your example of WoTC making an exact copy of your adventure, you would likely have a case of copyright infringement against them. They copied your expression, not just your ideas. However, they might take the same general story (even consciously copy it), and so long as their expression is not too similar to yours, they would not violate their copyright. Now, if they took the same characters, had a similar town, had really similar pictures, similar encounters in the same order, that would get closer to being the same expression.
Think about all the really similar stories you have read over the years, or similar TV shows. They have really similar storylines, yes? In other words, they have similar ideas. But the expression of those ideas are different, so there is no copyright problem.
Disclaimer: I am almost a lawyer, (if I get off ENWorld and study for the bar) but this is not legal advice.
* I know, I may be using "idea" in a more technical way than others.