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<blockquote data-quote="aramis erak" data-source="post: 6422891" data-attributes="member: 6779310"><p>Most of the RPG IP litigation has revolved around Trademarks. Examples include TSR v. Judges Guild and TSR v. Mayfair Games (Which, substantially, TSR lost... the copyright violations were deemed irrelevant to the requested relief, and the trademark violation deemed too minor for recourse). And recently, several Games Workshop v. .... and most of these result in settlements, not trials, and so don't set precedents. Likewise, most of the Copyright litigation in gaming results in settlements. (KenzerCo v WotC, for example, was a clear case of copyright - but it wasn't about the gaming elements. It was expressly about the copyrighted art that TSR had 1st publication rights only...)</p><p></p><p>Several, however, have established significant precedents in the boardgaming venue. One that's particularly relevant is Allen v. Academic Games... JH Kim has a page discussing it: <a href="http://www.darkshire.net/jhkim/rpg/copyright/academic.html" target="_blank">http://www.darkshire.net/jhkim/rpg/copyright/academic.html</a> And note that WotC operates within the purview of the 9th Circuit... and the 9th Circuit handles a disproportionately large number of copyright and trademark cases, and is the most frequently overturned circuit court in the nation. </p><p></p><p>TSR v. Mayfair is also interesting... mostly, the copyright claims in it were tossed by the court, leaving only the trademark and breach of contract portions.</p><p></p><p>And, assuming the Certiorari is granted on Oracle v. Google, it's going to be REAL interesting, because if may make even artistic renderings of process uncopyrightable as such. And there's not much outside of law and gaming that is as reliant upon specific wordings as an API...</p></blockquote><p></p>
[QUOTE="aramis erak, post: 6422891, member: 6779310"] Most of the RPG IP litigation has revolved around Trademarks. Examples include TSR v. Judges Guild and TSR v. Mayfair Games (Which, substantially, TSR lost... the copyright violations were deemed irrelevant to the requested relief, and the trademark violation deemed too minor for recourse). And recently, several Games Workshop v. .... and most of these result in settlements, not trials, and so don't set precedents. Likewise, most of the Copyright litigation in gaming results in settlements. (KenzerCo v WotC, for example, was a clear case of copyright - but it wasn't about the gaming elements. It was expressly about the copyrighted art that TSR had 1st publication rights only...) Several, however, have established significant precedents in the boardgaming venue. One that's particularly relevant is Allen v. Academic Games... JH Kim has a page discussing it: [url]http://www.darkshire.net/jhkim/rpg/copyright/academic.html[/url] And note that WotC operates within the purview of the 9th Circuit... and the 9th Circuit handles a disproportionately large number of copyright and trademark cases, and is the most frequently overturned circuit court in the nation. TSR v. Mayfair is also interesting... mostly, the copyright claims in it were tossed by the court, leaving only the trademark and breach of contract portions. And, assuming the Certiorari is granted on Oracle v. Google, it's going to be REAL interesting, because if may make even artistic renderings of process uncopyrightable as such. And there's not much outside of law and gaming that is as reliant upon specific wordings as an API... [/QUOTE]
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