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<blockquote data-quote="arscott" data-source="post: 4658962" data-attributes="member: 17969"><p>Do you have a patent for these features? In general, software features aren't covered by copyright law. WotC is allowed to use your ideas without compensating you, just as you are allowed to use the idea of a character defined by his STR, CON, DEX, INT, WIS, and CHA scores without compensating them.</p><p></p><p>If your ideas are innovative enough to be patentable, then you could spend a lot of money to patent them, but it almost certainly wouldn't be worth it.</p><p>There are three kinds of IP in the US: Patents (protection of inventions), Trademarks (protection of brand names and logos), and Copyright (protection of artistic and textual expressons)</p><p></p><p>Patents don't really come up much--you have to pay quite a bit of money for them, and they're so narrow in their application that the gaming world doesn't really bother with them. (Though apparently WotC was granted a patant on the 'tapping' mechanic from MtG. This doesn't seem to have had much effect).</p><p></p><p>Copyrights and Trademarks come up quite a bit more often. Ema's website violated both. But there's still a number of distinctions. Copyright is automatic (you don't have to apply for it or pay a fee, though you can choose to do so anyway in order to make it easier for you to legally defend your copyrighted material). Trademark is not automatic. You have to pay a fee to register the trademark, and renew it every so often. You also have to defend it--If people use your trademark in ways not permitted by law and you let it slide, you make eventually lose your right to use the name exclusively (for example, Yo-Yo used to be a trademarked brand name, but any toymaker can now use the name).</p><p></p><p>ENWorld's Avatars probably violate WotC's copyright. But WotC doesn't have to defend copyright. If ENWorld used WotC's logos, or used their brand names in ways that caused confusion between WotC's products and ENWorld's, then that would be a Trademark violation and WotC would be legally required to step in.</p><p></p><p>That said, your certainly right about ENWorld's avatars. Morrus, if you're reading this, please consider removing all copyrighted art from your generic avatar banks. If I had to spend entire <em>minutes</em> in MS Paint making my avatar, then other ENWorlders should too.</p></blockquote><p></p>
[QUOTE="arscott, post: 4658962, member: 17969"] Do you have a patent for these features? In general, software features aren't covered by copyright law. WotC is allowed to use your ideas without compensating you, just as you are allowed to use the idea of a character defined by his STR, CON, DEX, INT, WIS, and CHA scores without compensating them. If your ideas are innovative enough to be patentable, then you could spend a lot of money to patent them, but it almost certainly wouldn't be worth it. There are three kinds of IP in the US: Patents (protection of inventions), Trademarks (protection of brand names and logos), and Copyright (protection of artistic and textual expressons) Patents don't really come up much--you have to pay quite a bit of money for them, and they're so narrow in their application that the gaming world doesn't really bother with them. (Though apparently WotC was granted a patant on the 'tapping' mechanic from MtG. This doesn't seem to have had much effect). Copyrights and Trademarks come up quite a bit more often. Ema's website violated both. But there's still a number of distinctions. Copyright is automatic (you don't have to apply for it or pay a fee, though you can choose to do so anyway in order to make it easier for you to legally defend your copyrighted material). Trademark is not automatic. You have to pay a fee to register the trademark, and renew it every so often. You also have to defend it--If people use your trademark in ways not permitted by law and you let it slide, you make eventually lose your right to use the name exclusively (for example, Yo-Yo used to be a trademarked brand name, but any toymaker can now use the name). ENWorld's Avatars probably violate WotC's copyright. But WotC doesn't have to defend copyright. If ENWorld used WotC's logos, or used their brand names in ways that caused confusion between WotC's products and ENWorld's, then that would be a Trademark violation and WotC would be legally required to step in. That said, your certainly right about ENWorld's avatars. Morrus, if you're reading this, please consider removing all copyrighted art from your generic avatar banks. If I had to spend entire [I]minutes[/I] in MS Paint making my avatar, then other ENWorlders should too. [/QUOTE]
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