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<blockquote data-quote="Raven Crowking" data-source="post: 4032739" data-attributes="member: 18280"><p>No, if you read this correctly, you will understand that WotC can claim ownership of your posts, even though the TOU clearly state that you retain ownership, because the TOU effectively prevent you from persuing a claim of ownership irrevocably against Wizards, its affiliates and sublicensees. This is because "You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site." doesn't differentiate whether it is your User Content or someone else's.</p><p></p><p>Also, </p><p></p><p style="margin-left: 20px">You agree to indemnify, defend at your cost and hold harmless Wizards, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the "Indemnified Parties"), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys' fees, arising out of or relating to any User Content you post, store or otherwise transmit on or through the Site or your use or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these TOU, or your violation of the rights of any third party.</p><p></p><p>would make it nigh impossible (if not impossible) to pursue any claim. Therefore, there is no means by which you can render a meaningful judgement against WotC in this case. Or whoever they decide to sell your work to.sible) to pursue any claim.</p><p></p><p>Moreover, the TOU specifically says</p><p></p><p style="margin-left: 20px">The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.</p><p></p><p>Which means, yes indeedy, you are granting them the perpetual, irrevocable right to copyright, trademark, patent, and otherwise claim your posts as intellectual property. In case that wasn't clear.</p><p></p><p>And, it has nothing to do with whether or not you trust the current guys in charge at Wizards. You must trust Wizards, its affiliates and sublicensees, perpetually and irrevocably. That's a bit of a hard cheese to swallow.</p><p></p><p></p><p>RC</p></blockquote><p></p>
[QUOTE="Raven Crowking, post: 4032739, member: 18280"] No, if you read this correctly, you will understand that WotC can claim ownership of your posts, even though the TOU clearly state that you retain ownership, because the TOU effectively prevent you from persuing a claim of ownership irrevocably against Wizards, its affiliates and sublicensees. This is because "You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site." doesn't differentiate whether it is your User Content or someone else's. Also, [indent]You agree to indemnify, defend at your cost and hold harmless Wizards, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the "Indemnified Parties"), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys' fees, arising out of or relating to any User Content you post, store or otherwise transmit on or through the Site or your use or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these TOU, or your violation of the rights of any third party.[/indent] would make it nigh impossible (if not impossible) to pursue any claim. Therefore, there is no means by which you can render a meaningful judgement against WotC in this case. Or whoever they decide to sell your work to.sible) to pursue any claim. Moreover, the TOU specifically says [indent]The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.[/indent] Which means, yes indeedy, you are granting them the perpetual, irrevocable right to copyright, trademark, patent, and otherwise claim your posts as intellectual property. In case that wasn't clear. And, it has nothing to do with whether or not you trust the current guys in charge at Wizards. You must trust Wizards, its affiliates and sublicensees, perpetually and irrevocably. That's a bit of a hard cheese to swallow. RC [/QUOTE]
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