Contracts are bargaining- offer and acceptance.
Hey, I thought we weren't supposed to discuss offer & acceptance?!
Contracts are bargaining- offer and acceptance.
And now I wonder, if Fyrlock published one of his stat blocks for such IP considered monsters as the Githyanki, Mind Flayer, etc. The only question is, and perhaps that is what he is counting on in case the affair goes to court, if those IP "protected" monsters are really covered by some copyright or IP laws and are really the IP of WotC (thanks S´mon for the remark about that).
People can and do publish D&D sourcebooks without using the OGL. Kingdoms of Kalamar, by KenzerCo, is probably the most well-known example. But, not coincidentally, David Kenzer is an expert in copyright law. That's the problem: If you're going to go the "fair use" route, you are walking a minefield and you need an expert to steer you along the safe path. Most designers lack that expertise and can't afford to pay for it.My basic stance is that, in terms of the intent of copyright law, it seems pretty clear that a module that uses the D&D terminology to refer to the D&D rules, but does not reproduce those rules, and does not use the Named Characters And Settings, is not actually infringing on anything, and is only "derivative" of the stuff that is absolutely not protected -- the rules-as-abstraction, not the text of the rules. And thus, there's no need for anyone to make a special agreement that "entitles" them to make such a thing, and the agreement exists only to fast-talk people into agreeing to arbitrary restrictions, some of which would not apply otherwise, some of which probably would.
Wait, could he ruin the OGL?! I think I’m going to kinda dislike him for that.
Therefore the copyright for the Gith race for example is with TSR = WotC
but one thing you mentioned: dramatic work. RPG say something about role playing. Can* taht be considered dramatic work equalling acting?
UK law (the 1988 Copyright Designs & Patents Act) doesn't really define 'dramatic work' other than that it includes works of dance or mime, and works capable of being performed before a live audience. If it were true that Critical Role were a 'fake', a (semi) scripted performance, then it could be a Dramatic Work under UK law. But a sports match is not a copyright work under UK law and I don't think a (real) RPG session would be considered one, either.
(But this is actually a really complicated issue; in the Norowzian v Arks case the court held that a film was a dramatic work even though films are a separate category under the CDPA, because they wanted to give films the full protection due to 'Primary' works. This could well apply to RPG Podcasts too, I suspect. Without that they only get the much more limited Broadcast Right.)
This whole thing seems to me like one guy who got a bug up his butt and has just enough knowledge of copyright law to get himself into trouble. I'll be surprised if this ever sees the inside of a courtroom.Thanks for replying again S'mon. I know that EU/UK laws are a lot different than US, and its interpretation (no idea if this is the correct term) is also very different (especially, when you take your knowledge/understanding from public media like I do). Like I stated my basic concern already, I have a funny feeling, that this thing is bigger than it implies at first look. I hope it just doesn´t kill the OSR movement (and yes even that term can be contested nowadays with that oh-so great split everybody talks about nowadays).
I only hope that WotC is keeping up their good-faith towards those small companies that publish OSR style material and tht not one of those Hasbro guys take the whole thing as an excuse to fhigt the OGL (to say) and try to revoke it for the idea of loosing a couple of bucks due to Joe Averages publishing splendid material based on D&D.
Ha! Depends who you ask.Ok, so gimme a summary. If he is right what is the outcome?
bout all that can be definitely stated is that if Frylock is right lots of things might change. Or they might not.
This is almost entirely incorrect. I say almost because I'm willing to concede the last sentence.The other thing, assuming this particular claim is correct, is that WotC has engaged in Copyright Misuses by claiming copyright they don't have and stopping people from exercising their legal rights. Which means for the length of time they have been doing so they cannot get damages for copyright infringement even if there was actual copyright infringement going on. Not that it matters at whole lot, since the only thing that WotC can copyright is effectively artwork.
I can't comment on that much more than what I just posted, because 1) not a lawyer and 2) not American.
This is almost entirely incorrect. I say almost because I'm willing to concede the last sentence.