Creator finds copy of product on Amazon

[briggart]

It's the combined ideas of the Infinity Mirror, Pepper's Ghost, and the library scene. The combination is something that wasn't really done until her project.

Which however makes it hard to claim that this person copied her work, rather than taking inspiration and combining those same sources as she did. Given all the blatant copies that come out from (mainly) China she may be correct, but independent re-discoveries and re-invention happen all the time, so I don't think the case is as clear cut as she thinks.

After all, if the Sword of Shannara passed muster, IMO here we have enough differences to consider this a stand-alone product.

 

[Distracted DM]

I struggle to comprehend how you can think they are not.

Yeah. I'd like to say maybe it's the difference between folk that think that copyright laws are important to incentivizing creation and investment, versus people that think that copyright is stifling and abused... But I don't think they put even that much thought into it.

 

[Jfdlsjfd]

I struggle to comprehend how you can think they are not.

Because that's the current state of intellectual property?

If I write a book, should Amazon be able to take it and monetize it while paying me nothing for my original idea, just because they are a big corporation?

Yes, like basically anyone, corporation or not. Copyright protects the wording of your book or likeliness of your painting -- so Amazon can't just copy your book -- not the idea. You can freely write a book about star-crossed teen lovers in the city of Verona ending up killing themselves even if someone had that idea before, and illustrate it with geometrical rectangles and line of red, yellow and blue as long as tthey are not reproducing a Malevitch painting.

Imagine if someone could claim ownership on the idea of playing pretend, but with mathematical stats representing abilities and limiting capabilities of the characters played, with conflit resolved through the use of several kind of polyhedral dice.They can't, so A5E can legally (and IMHO, morally) exist, but that doesn't mean you can photocopy D&D rulebooks.

 

[Morrus]

I struggle to comprehend how you can think they are not.

They are not. IP law is very clear on this.

If I write a book, should Amazon be able to take it and monetize it while paying me nothing for my original idea, just because they are a big corporation?

Your book isn't your idea. They are two different things. People can copy your idea; they can't copy your book.

Ideas are cheap and easy to come by. As I've said before, I can have 30 ideas while enjoying a few beers at the pub. Hell, I just had one while I was typing that sentence! The idea is easy; the hard bit is the work, and that's what is protectable.

There are three common broad things which are protectable:*

1) Copyright -- the actual words/art. You can write a fantasy book where elves and dwarves fight a dark lord; you can't copy and paste LotR.

2) Patents -- it's easy to have an idea to make a time machine. To protect it you need to patent an actual design.

3) Trademarks -- logos and names which are used to convey to the customer who made the thing so they know what and from whom they are buying. You can write a fantasy adventure about heroes fighting dragons in a big war of dragons, but you can't call it Dragonlance or put the D&D logo on it.

The thing that's not protectable--ideas.

*there are other things, like trade secrets and stuff, but that's really beyond the scope of this post.

 

[Ryujin]

I struggle to comprehend how people can imagine that ideas are something they can own.

It's called "Intellectual Property."

 

[Morrus]

It's called "Intellectual Property."

Ideas are not IP. There is no IP category which covers ideas.

 

[Ryujin]

Ideas are not IP. There is no IP category which covers ideas.

Seems a bit like a picking of nits.

 

[Morrus]

Seems a bit like a picking of nits.

A legal argument which worked never!

 

[Ryujin]

A legal argument which worked never!

Sorry, didn't know that you were speaking from The Bench.

 

[Morrus]

Sorry, didn't know that you were speaking from The Bench.

You’re the one using legal terminology. And when you use it incorrectly to ‘correct’ somebody, somebody’s gonna mention it. You could just say “Whoops, you’re right, I got that wrong”, but I understand why that’s hard.

Anyway. Let’s drop it now. Happy New Year!