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File-Sharing: Has it affected the RPG industry?
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<blockquote data-quote="Dannyalcatraz" data-source="post: 1558397" data-attributes="member: 19675"><p>Ogrork the Mighty-I AM one, who as stated above, works in this field (Tx Bar 1996); member of the Dallas Bar Association's Intellectual Property division. The people who argue that the law isn't clear usually aren't lawyers, or are arguing for clients trying to wiggle around the law.</p><p></p><p>James Heard, there is no reason to defend the public domain because there are no rights there. Anything within the public domain is free to be used by anyone, any way they wish. For example, while you couldn't use Jay-Z's <em>Black Album</em> as the soundtrack to a low-rent ripoff version of <em>GGW</em> (without his permission), you could use Beethoven's 5th.</p><p></p><p>As for fair use, there ARE people who are litigating on that aspect of the law-mostly universities and researchers.</p><p></p><p>Simply put, though, in a question of Fair Use, the Court must weigh the right of the copyright holder to control his property versus the extent to which the property will be devalued and the needs of society.</p><p></p><p>So, how is society improved by being able to download a $35 game book in its entirety for free under "fair use" when the company that produced it projects only 5000 units sold worldwide? That company has a serious argument that a ruling in favor of downloaders would ruin them. Goodbye Bob's RPG-Co., and Bob has to get a haircut and a real job.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 1558397, member: 19675"] Ogrork the Mighty-I AM one, who as stated above, works in this field (Tx Bar 1996); member of the Dallas Bar Association's Intellectual Property division. The people who argue that the law isn't clear usually aren't lawyers, or are arguing for clients trying to wiggle around the law. James Heard, there is no reason to defend the public domain because there are no rights there. Anything within the public domain is free to be used by anyone, any way they wish. For example, while you couldn't use Jay-Z's [I]Black Album[/I] as the soundtrack to a low-rent ripoff version of [I]GGW[/I] (without his permission), you could use Beethoven's 5th. As for fair use, there ARE people who are litigating on that aspect of the law-mostly universities and researchers. Simply put, though, in a question of Fair Use, the Court must weigh the right of the copyright holder to control his property versus the extent to which the property will be devalued and the needs of society. So, how is society improved by being able to download a $35 game book in its entirety for free under "fair use" when the company that produced it projects only 5000 units sold worldwide? That company has a serious argument that a ruling in favor of downloaders would ruin them. Goodbye Bob's RPG-Co., and Bob has to get a haircut and a real job. [/QUOTE]
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