Reply to thread

Message

<blockquote data-quote="tomBitonti" data-source="post: 4659660" data-attributes="member: 13107">I have to ask: Do we know specifically what WotC found infringing?Also: Do we know if the site had:1) Use of trademarks?2) Use of other graphical items?3) More than minimal use of text from WotC?4) Use of feat and/or power names?5) Use of game mechanic terms?6) A set of character sheets?7) A power card printer?My understanding (and really, my understanding) is that 1-3 are infringing while 4-7 are not (with the separation of 1-3 as distinct items).The discussion has been interesting, but I'm reaching the limit of what I can draw out from a discussion about Ema's website (as opposed to a general copyright/fair/use discussion).This would seem to be a good case for WotC to explain what went wrong, and generally what the fan site policy is.&nbsp; Since I haven't heard this policy, I don't think one will be forthcoming, other than &quot;you can do what is fair to do&quot;, that is, that the policy is to follow Copyright and Trademark law.&nbsp; Also, taken in that light, a statement from WotC would be their interpretation of what is fair, and I don't see them giving up that information.&nbsp; (I imagine they want there to be a fuzzy line, even though that chills fan content.)Someone mentioned in a prior post that there is a &quot;usual&quot; process for infringement cases, and the sending of Cease and Desist letters.&nbsp; What is that actual process?&nbsp; Is a remedy which is to remove just infringing material generally sufficient?&nbsp; Is it usual for a threat of a lawsuit to be made to cause the infringer to remove all material?&nbsp; (As in, &quot;Look, you infringed us.&nbsp; We could sue you, but we won't, if you not only take down the infringing items, but also take down these additional items...&quot;)</blockquote>

[QUOTE="tomBitonti, post: 4659660, member: 13107"] I have to ask: Do we know [i]specifically[/i] what WotC found infringing? Also: Do we know if the site had: 1) Use of trademarks? 2) Use of other graphical items? 3) More than minimal use of text from WotC? 4) Use of feat and/or power names? 5) Use of game mechanic terms? 6) A set of character sheets? 7) A power card printer? My understanding (and really, [i]my[/i] understanding) is that 1-3 are infringing while 4-7 are not (with the separation of 1-3 as distinct items). The discussion has been interesting, but I'm reaching the limit of what I can draw out from a discussion about Ema's website (as opposed to a general copyright/fair/use discussion). This would seem to be a good case for WotC to explain what went wrong, and generally what the fan site policy is. Since I haven't heard this policy, I don't think one will be forthcoming, other than "you can do what is fair to do", that is, that the policy is to follow Copyright and Trademark law. Also, taken in that light, a statement from WotC would be [i]their interpretation[/i] of what is fair, and I don't see them giving up that information. (I imagine they [i]want[/i] there to be a fuzzy line, even though that chills fan content.) Someone mentioned in a prior post that there is a "usual" process for infringement cases, and the sending of Cease and Desist letters. What is that actual process? Is a remedy which is to remove just infringing material generally sufficient? Is it usual for a threat of a lawsuit to be made to cause the infringer to remove [i]all[/i] material? (As in, "Look, you infringed us. We could sue you, but we won't, if you not only take down the infringing items, but also take down these additional items...") [/QUOTE]

Verification