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Frylock on the ‘Ineffectual OGL’
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<blockquote data-quote="Deleted member 7015506" data-source="post: 7797560"><p>[USER=463]@S'mon[/USER] </p><p>I agree fully with you, that there are certain copyrights regarding the background/history of the Gith race that belong to TSR/WotC. No doubt about that, since their history changed/evolved a lot from those humble beginnings. But let's assume, that there is a) either a contract between GW and TSR (UK) from that time defining the transfer/licensing of copyrights regarding AD&D material in that case or b) there was no formal contract for this case (very unlikely I would assume).</p><p>So in case a) with the contract, GW would automatically concede any copyright for such material to TSR once published (if it would comply with the contract between the original author (Stross) and GW!). I am sure you have better insight into that, and the publication of mentioned material would transfer the copyrights to TSR (no matter if UK or US since I would assume both are basically the same company for this purpose). Therefore the copyright for the Gith race for example is with TSR = WotC nowadays (WotC is the legal successor to TSR AFAIK = buying all rights and obligations). So no valid point for any kind of copyright infringement as Fyrlock mentioned in this case.</p><p>But in case b) if GW didn´t gain the copyright for an entry beyond the case you mentioned (as I read it one time licensing/publishing), the copyright (to certain points taking newer court cases into account) remains with the designer/author. </p><p>And since I remember that Fyrlock mentioned in one of his posts that at least in two cases WotC infringed/misused copyright, I think he is building his case on the GW/TSR (UK) subject you mentioned. Now if he takes that as an example for TSR/WotC misuse of copyright in the past, he can perhaps claim, that this misuse is a kind of "marketing" strategy from TSR/WotC, that goes on for a prolonged time = try to convince, that the claimed copyright/IP/PI by WotC is not valid and therefore justify his own claim of copyright.</p><p>I know that this idea is pretty wild, but perhaps a US lawyer on here can shed some light on such a probable case.</p></blockquote><p></p>
[QUOTE="Deleted member 7015506, post: 7797560"] [USER=463]@S'mon[/USER] I agree fully with you, that there are certain copyrights regarding the background/history of the Gith race that belong to TSR/WotC. No doubt about that, since their history changed/evolved a lot from those humble beginnings. But let's assume, that there is a) either a contract between GW and TSR (UK) from that time defining the transfer/licensing of copyrights regarding AD&D material in that case or b) there was no formal contract for this case (very unlikely I would assume). So in case a) with the contract, GW would automatically concede any copyright for such material to TSR once published (if it would comply with the contract between the original author (Stross) and GW!). I am sure you have better insight into that, and the publication of mentioned material would transfer the copyrights to TSR (no matter if UK or US since I would assume both are basically the same company for this purpose). Therefore the copyright for the Gith race for example is with TSR = WotC nowadays (WotC is the legal successor to TSR AFAIK = buying all rights and obligations). So no valid point for any kind of copyright infringement as Fyrlock mentioned in this case. But in case b) if GW didn´t gain the copyright for an entry beyond the case you mentioned (as I read it one time licensing/publishing), the copyright (to certain points taking newer court cases into account) remains with the designer/author. And since I remember that Fyrlock mentioned in one of his posts that at least in two cases WotC infringed/misused copyright, I think he is building his case on the GW/TSR (UK) subject you mentioned. Now if he takes that as an example for TSR/WotC misuse of copyright in the past, he can perhaps claim, that this misuse is a kind of "marketing" strategy from TSR/WotC, that goes on for a prolonged time = try to convince, that the claimed copyright/IP/PI by WotC is not valid and therefore justify his own claim of copyright. I know that this idea is pretty wild, but perhaps a US lawyer on here can shed some light on such a probable case. [/QUOTE]
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