Another Cease and Desist Letter: 4E Powercards

[GMforPowergamers]

In other words, their profit from DDI will be less, because some consumers would use the free service instead of subscribing to DDI.

Is that what you're saying?

yes and no... let me take a crack...


If site A is allowed to keep doing this, then next year ABC role-playing company puts out power cards from PHB, and WotC sues them, ABC role-playing company can turn around and say "X is avalible for free on the web"...then the damages can be reset...or even done away with with the argument "If it is free on te web how much damage is us selling ours doing"

 

[Xyxox]

My post was written before I had caught up with the rest of the conversation. (My Bad - but I'm caught up now.) But, I still think you are trying to argue your way out of a mispoken statement, or just a plain mistake.

You'd be wrong in that assumption.

 

[Xyxox]

yes and no... let me take a crack...


If site A is allowed to keep doing this, then next year ABC role-playing company puts out power cards from PHB, and WotC sues them, ABC role-playing company can turn around and say "X is avalible for free on the web"...then the damages can be reset...or even done away with with the argument "If it is free on te web how much damage is us selling ours doing"

That's a further loss of value in the copyright, but only if ABC role-playing can demonstrate WotC knew of the existance of site "A". That would be the key and there's no way of knowing until you go through discovery.

And should WotC lose such a case, the value of the copyright becomes nil.

 

[Oldtimer]

yes and no... let me take a crack...


If site A is allowed to keep doing this, then next year ABC role-playing company puts out power cards from PHB, and WotC sues them, ABC role-playing company can turn around and say "X is avalible for free on the web"...then the damages can be reset...or even done away with with the argument "If it is free on te web how much damage is us selling ours doing"

Now you are talking damages again. You could still smack them (i.e. ABC Roleplaying Co) for the crime of copyright infringement.

You might not get any money from ABC RP Co, but you can certainly stop them from doing that.

 

[GMforPowergamers]

That's a further loss of value in the copyright, but only if ABC role-playing can demonstrate WotC knew of the existance of site "A". That would be the key and there's no way of knowing until you go through discovery.

And should WotC lose such a case, the value of the copyright becomes nil.

now I am unsure of this next part so if I am wrong please correct me:

would then loseing that case allow Green Ronin, Mongoose, and Piazo and others like them to then treat 4e the way the OGL let them treat 3.5...or even more open???

 

[Xyxox]

Now you are talking damages again. You could still smack them (i.e. ABC Roleplaying Co) for the crime of copyright infringement.

You might not get any money from ABC RP Co, but you can certainly stop them from doing that.

The only price that can be paid for copyright infringement is a set of damages.

So if ABC is ruled to be doing zero damage, there is no price to pay for the infringement and it can continue in perpetuity as it is doing no damage.

Now, web site "A" who is offering a free service can be demosntrated to be doing damage. Every time somebody uses the service, that's a DDI subscription of a Power Cards sale that WotC does not realize because the end product was delivered by web site A.

So if it can be demonstrated from web logs that web site "A" had 9000 individual PDFs created, WotC wouldl be within their rights to demand $45,000 in damages (9,000 times $5/month DDI subscription).

Failure to enforce the copyright immediately would decrease the value of the copyright by $45,000.

Now think about it. You're Gamer Goodguy who created web site "A" out of the goodness of your heart and your love of the game, but when you realize you could be liable for $45,000 in damages your web site did to WotC, plus any potential punitive damages and court costs, what would be your course of action when you receive the C&D?

edited to add: Also, if Gamer Goodguy says, "NO" to the C&D, WotC then sends a C&D to hosting company "A" who then takes down the site. Hosting Company "A" won't risk being held liable for this blatant violation of WotC's copyright.

 

[xechnao]

Not entirely as there are multiple choices here.

I'm saying the value of the intellectual property is decreased because of thexistance of the free service that is operating in violaiton of WotC's copyrights.

The value of the intellectual property can be realized in several ways in this specific case.

1) DDI subscriptions.
2) Sales of PDF versions of the PHB (which a user could copy and paste from to produce only the needed power cards at home.
3) Power Card sales.
4) Heretofore unplanned products which leverage this intellectual property (software, wet-eraseable power sheets, who knows what, etc.).

What about the costs that drive these sales such as marketing or even needed R&D? What if the free power cards promoted PHB sales?
How are you going to directly and measurably demonstrate this in practice. And unplanned products?

 

[xechnao]

So if it can be demonstrated from web logs that web site "A" had 9000 individual PDFs created, WotC wouldl be within their rights to demand $45,000 in damages (9,000 times $5/month DDI subscription).

Failure to enforce the copyright immediately would decrease the value of the copyright by $45,000.

No because the service is free. Wotc has no basis to claim that those who freely downloaded such content would pay what Wotc is asking for if the web site was not freely distributing such content.

 

[Xyxox]

No because the service is free. Wotc has no basis to claim that those who freely downloaded such content would pay what Wotc is asking for if the web site was not freely distributing such content.

Try arguinig that before a judge. The damages are real. IT doesn't amtter that web site "A" charged nothing for the service. WotC charges $5/month for the same service and it's WotC's IP, thus the damages are real.

 

[xechnao]

Try arguinig that before a judge. The damages are real. IT doesn't amtter that web site "A" charged nothing for the service. WotC charges $5/month for the same service and it's WotC's IP, thus the damages are real.

In fact if I were in such a position I would. The damages are as real as the law concerning them is. Is there such a law that enforces what you are talking about?