Gleemax Terms of Use - Unacceptable


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PapersAndPaychecks said:
It doesn't protect the idea of the game, as you see. It's protecting the implementation.

It's actually somewhat more complicated than that.

Copyright protects one specific implementation of a game. If I were to photocopy and sell MtG cards, I'd be violating WotC's copyright.

Patents protect a very specific idea. Even if I go out and make my own MtG cards that share nothing but functionality with the main game, I am violating WotC's patent.

In fact, a patent is more general than that. Let's reference a more recent patent, say, WotC's MtG patent: http://www.pat2pdf.org/patents/pat5662332.pdf

Beginning at the bottom of column 19, you'll find the list of "claims," which is the patent-ese term for "things we claim we deserve patent privilege for." The six claims are:

1) The idea of a card game with rules similar to MtG at a very superficial level

2) The idea of a game played with tradeable/collectable cards

3) The idea of a card game with deliberately pre-construction of decks

4) The idea of "tapping" a card by turning it

5) The idea of "tapping a card by turning it 90 degrees

6) The idea of "untapping" at the beginning of each turn

As you can see, the claims for which the patent was granted do more than just describe the implementation.

---

If a physical piece of work is an embodiment, then:

Copyright prevents duplication of the embodiment.
Patents prevent the reproduction of an invention underlying the embodiment.
Trademarks prevent the unauthorized use of the name or branding of the embodiment.
 

The idea ("a collectible trading card game based on fantasy role-playing memes") isn't and can't be protected by patent or any other IP-related legislation. The implementation is protected.
 

PapersAndPaychecks said:
The problem is that D&D has a long history of being built on the back of fan-contributions when the fans weren't compensated for their work? And the Open Gaming movement was supposed to stop that?

That's not what the Open Gaming Movement was supposed to do. As Ryan Dancey has said multiple times, it was supposed to sell more core rulebooks.
 

resistor said:
He didn't even mention the words "publish" or "sell" in his response. He said respect, which is completely independent of any plans to profit.

Just because I have no plans to sell the text of this post doesn't mean that I don't care about retaining my rights to it.

Suit yourself, resistor. Maybe I'm spending too much time in the grownup world right now, because I'm thinking about the real purposes behind this sort of boilerplate user agreement, and the real world consequences, and not some sort of abstract moral issue or worst-case scenario.

Raven, I just do not foresee any even remotely likely scenario where WotC invokes this contractual language unfairly, but again, if you are really worried that fifty years from now WotC will sell all your old posts to Satan and then Satan will sue you and you will have to pay Satan's legal fees, then don't use it.
 

resistor said:
If each of us that refuses to use Gleemax just sat here in silence, it'd have no effect. A boycott is only effective if enough people join it. And the part nature of this problem is that most people aren't aware of what they're agreeing to.

So yes, it is "voting with your wallet." But this thread is still important if only to inform others that they might want to do the same.

Exactly.

In the previous scenario, Green Ronin sues WotC.

BTW, since you cannot make a claim against WotC, under the TOU, what happens if it is a WotC employee who quotes your material on Gleemax? Since you can only find out that you have been quoted by accepting the TOU, and once you accept the TOU you can take no action against WotC or the poster, what then?

(I imagine that any sane outcome would involve parts of the TOU being made void by the courts, but you never can tell.)

RC
 

JPL said:
Suit yourself, resistor. Maybe I'm spending too much time in the grownup world right now, because I'm thinking about the real purposes behind this sort of boilerplate user agreement, and the real world consequences, and not some sort of abstract moral issue or worst-case scenario.

Raven, I just do not foresee any even remotely likely scenario where WotC invokes this contractual language unfairly, but again, if you are really worried that fifty years from now WotC will sell all your old posts to Satan and then Satan will sue you and you will have to pay Satan's legal fees, then don't use it.

Is this just intentionally insulting, or what?

RC

EDIT:

Ad Hominem (Argument To The Man): attacking the person instead of attacking his argument. A common form is an attack on sincerity. For example, "How can you argue for vegetarianism when you wear leather shoes?" The two wrongs make a right fallacy is related.

A variation (related to Argument By Generalization) is to attack a whole class of people. For example, "Evolutionary biology is a sinister tool of the materialistic, atheistic religion of Secular Humanism." Similarly, one notorious net.kook waved away a whole category of evidence by announcing "All the scientists were drunk."

Another variation is attack by innuendo: "Why don't scientists tell us what they really know; are they afraid of public panic?"

There may be a pretense that the attack isn't happening: "In order to maintain a civil debate, I will not mention my opponent's drinking problem."

Sometimes the attack is on intelligence. For example, "If you weren't so stupid you would have no problem seeing my point of view." Or, dismissing a comment with "Well, you're just smarter than the rest of us." (In Britain, that might be put as "too clever by half".) This is related to Not Invented Here, but perhaps it is more connected to Dismissal By Differentness and Changing The Subject.

Ad Hominem is not fallacious if the attack goes to the credibility of the argument. For instance, the argument may depend on its presenter's claim that he's an expert. (That is, there is an Argument From Authority.) Trial judges allow this category of attacks.

Needling: simply attempting to make the other person angry, without trying to address the argument at hand. Sometimes this is a delaying tactic.

Needling is also Ad Hominem if you insult your opponent. You may instead insult something the other person believes in ("Argumentum Ad YourMomium"), interrupt, clown to show disrespect, be noisy, fail to pass over the microphone, and numerous other tricks. All of these work better if you are running things - for example, if it is your radio show, and you can cut off microphones. A compliant host or moderator is almost as good.

Straw Man (Fallacy Of Extension): attacking an exaggerated or caricatured version of your opponent's position. For example, "Senator Jones says that we should not fund the attack submarine program. I disagree entirely. I can't understand why he wants to leave us defenseless like that."

On the Internet, it is common to exaggerate the opponent's position so that a comparison can be made between the opponent and Hitler.

(excerpted from http://www.don-lindsay-archive.org/skeptic/arguments.html#familiarity)

Let us also add:

Excluded Middle (False Dichotomy, Faulty Dilemma, Bifurcation): assuming there are only two alternatives when in fact there are more. For example, assuming Atheism is the only alternative to Fundamentalism, or being a traitor is the only alternative to being a loud patriot.

Appeal To Authority: "Albert Einstein was extremely impressed with this theory." (But a statement made by someone long-dead could be out of date. Or perhaps Einstein was just being polite. Or perhaps he made his statement in some specific context. And so on.)

To justify an appeal, the arguer should at least present an exact quote. It's more convincing if the quote contains context, and if the arguer can say where the quote comes from.

A variation is to appeal to unnamed authorities .

Appeal To False Authority: a variation on Appeal to Authority , but the Authority is outside his area of expertise.

For example, "Famous physicist John Taylor studied Uri Geller extensively and found no evidence of trickery or fraud in his feats." Taylor was not qualified to detect trickery or fraud of the kind used by stage magicians. Taylor later admitted Geller had tricked him, but he apparently had not figured out how.

A variation is to appeal to a non-existent authority. For example, someone reading an article by Creationist Dmitri Kuznetsov tried to look up the referenced articles. Some of the articles turned out to be in non-existent journals.

Another variation is to misquote a real authority. There are several kinds of misquotation. A quote can be inexact or have been edited. It can be taken out of context. (Chevy Chase: "Yes, I said that, but I was singing a song written by someone else at the time.") The quote can be separate quotes which the arguer glued together. Or, bits might have gone missing. For example, it's easy to prove that Mick Jagger is an assassin. In "Sympathy For The Devil" he sang: "I shouted out, who killed the Kennedys, When after all, it was ... me."

So let's see what we have:

Suit yourself, resistor. Maybe I'm spending too much time in the grownup world right now,

ad hominem, perhaps needling

because I'm thinking about the real purposes behind this sort of boilerplate user agreement, and the real world consequences,

appeal to authority, or appeal to false authority

and not some sort of abstract moral issue or worst-case scenario.

argument by ridicule; strawman

Raven, I just do not foresee any even remotely likely scenario where WotC invokes this contractual language unfairly,

appeal to false authority

but again, if you are really worried that fifty years from now WotC will sell all your old posts to Satan and then Satan will sue you and you will have to pay Satan's legal fees, then don't use it

strawman at the very least, ad hominen most likely.

The entire post relies upon the excluded middle; that WotC cannot meet its stated goals without pursuing this "boilerplate" language.

RC
 
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Raven Crowking said:
Is this just intentionally insulting, or what?

RC

Not intended as such, Raven. The Satan part was a bit of a rhetorical flourish, that's all.

But you did say something earlier about posting on Gleemax and then spending the rest of your life "waiting for the other shoe to drop," right? I just hate the thought that in the year 2058, you will still be haunted by the fear that something you posted about 4th edition sea elves will drag you into a costly legal battle, possibly involving futuristic cyborg lawyers.

All I'm saying is that if you want to ignore all consideration of the actual purpose of the user agreement, the manner in which they are used by biggish companies, and the manner in which courts construe and enforce contracts of adhesion, then sure, it could happen, fifty years from now with cyborg lawyers.

I think that avoiding the Gleemax boards is a reasonable solution to this perceived problem --- there are plenty of other places to talk d20.

I think that organizing a boycott of a D&D message board because of the aforementioned cyborg lawyer scenario or because of generalized outrage over "disrespectful" user agreements is overkill and is time better spent thinking about 4th Edition sea elves.
 
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JPL said:
Not intended as such, Raven. The Satan part was a bit of a rhetorical flourish, that's all.

Really? Then let's look at this post, shall we?

But you did say something earlier about posting on Gleemax and then spending the rest of your life "waiting for the other shoe to drop," right? I just hate the thought that in the year 2058, you will still be haunted by the fear that something you posted about 4th edition sea elves will drag you into a costly legal battle, possibly involving futuristic cyborg lawyers.

Ad hominem, argument by ridicule, strawman.

All I'm saying is that if you want to ignore all consideration of the actual purpose of the user agreement, the manner in which they are used by biggish companies, and the manner in which courts construe and enforce contracts of adhesion, then sure, it could happen, fifty years from now with cyborg lawyers.

Appeal to authority, appeal to false authority, argument by ridicule.

I think that avoiding the Gleemax boards is a reasonable solution to this perceived problem --- there are plenty of other places to talk d20.

Actual content of post.

I think that organizing a boycott of a D&D message board because of the aforementioned cyborg lawyer scenario or because of generalized outrage over "disrespectful" user agreements is overkill and is time better spent thinking about 4th Edition sea elves.

Some actual content of post, coupled with more ad hominem, argument by ridicule, and strawman argument.

So, ultimately, what you are saying is that you think that avoiding the Gleemax boards is a reasonable solution to this perceived problem, but you don't want others to be encouraged to use said "reasonable solution", nor do you want anyone to point out the potential problems with the Gleemax TOU.

Everything else is just insults.

RC
 

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