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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="MoonSong" data-source="post: 7789153" data-attributes="member: 6689464"><p>There is this thing in copyright law that derivative works -which his statblocks are- are themselves copyrightable in as much as they are original and novel. So even though they could be infringing WotCs copyrights these infringing works are themselves copyrightable as a whole. Think Disney and fairytales. Tales like Aladin are in the public domain, yet Disney owns the specific elements in their adaptations. If I translated the Lord of the Rings to say Mayan, I'd own that translation even if it was unauthorized and I'd get to sign it.</p><p></p><p></p><p>These monsters are trademarks, and protected as such. Even if Steamboat Willie is public domain now, only Disney has the trademark rights to do anything commercial with Mickey</p><p></p><p></p><p> Copyright can only be attached to expressions of ideas in as much as they are creative.</p><p></p><p></p><p>Rules themselves are ideas. You can copyright a rule book, but not the rules themselves. Some ideas however can be patented, but there is a higher standard there. (Unless we talk about software, patent offices are too lazy to actually check it)</p><p></p><p></p><p>Origin of something is covered under Trademark law. Visual things are copyrightable, but then you own the picture not the idea behind the picture. Trade dress -design elements that identify a source- is also subject to trademark law I think. Frylock's point is that no statblock by itself is copyrightable, just like a phone directory isn't -in juridictions without sweat of the brow doctrine-</p><p></p><p></p><p></p><p>It depends on jurisdiction. Under my country's laws I wouldn't be able to create something like it. But part of the point of Frylock is that you don't need an OGL to begin with because everybody has rights that are beyond it and WotC loses nothing from it, as it allows them to have some control on the way derivatives are made out of D&D. </p><p></p><p></p><p>In certain way it isn't that is invalid. It can be said that it is an overreach and a way to have people give up rights they don't know they have. But at least is a promise that you won't be sued for using it.</p><p></p><p></p><p></p><p>Basically this. It could be well the case. <strong>However notice that this doesn't apply to storylines, characters and adventures. Just to rules.</strong></p></blockquote><p></p>
[QUOTE="MoonSong, post: 7789153, member: 6689464"] There is this thing in copyright law that derivative works -which his statblocks are- are themselves copyrightable in as much as they are original and novel. So even though they could be infringing WotCs copyrights these infringing works are themselves copyrightable as a whole. Think Disney and fairytales. Tales like Aladin are in the public domain, yet Disney owns the specific elements in their adaptations. If I translated the Lord of the Rings to say Mayan, I'd own that translation even if it was unauthorized and I'd get to sign it. These monsters are trademarks, and protected as such. Even if Steamboat Willie is public domain now, only Disney has the trademark rights to do anything commercial with Mickey Copyright can only be attached to expressions of ideas in as much as they are creative. Rules themselves are ideas. You can copyright a rule book, but not the rules themselves. Some ideas however can be patented, but there is a higher standard there. (Unless we talk about software, patent offices are too lazy to actually check it) Origin of something is covered under Trademark law. Visual things are copyrightable, but then you own the picture not the idea behind the picture. Trade dress -design elements that identify a source- is also subject to trademark law I think. Frylock's point is that no statblock by itself is copyrightable, just like a phone directory isn't -in juridictions without sweat of the brow doctrine- It depends on jurisdiction. Under my country's laws I wouldn't be able to create something like it. But part of the point of Frylock is that you don't need an OGL to begin with because everybody has rights that are beyond it and WotC loses nothing from it, as it allows them to have some control on the way derivatives are made out of D&D. In certain way it isn't that is invalid. It can be said that it is an overreach and a way to have people give up rights they don't know they have. But at least is a promise that you won't be sued for using it. Basically this. It could be well the case. [B]However notice that this doesn't apply to storylines, characters and adventures. Just to rules.[/B] [/QUOTE]
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