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Legal advice for new d20 system
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<blockquote data-quote="FormerlyDickensC" data-source="post: 4774324" data-attributes="member: 53954"><p>You're free to use the same mechanics all you want in your game. What you cannot do is express those rules in the same manner as WOTC does in its copyrighted material. This includes words and visual graphics. </p><p></p><p>The reason you would need to talk to a lawyer is determine what expressions of yours might or might not violate the expressions (copyright) of WOTC. </p><p></p><p>If you're not selling the material you produce, you are far less likely to be found (in court) to have violated the copyright...but this finding ultimately depends on many circumstances. </p><p></p><p>The real issue you face is that if WOTC gets irked by your project and sends your a C&D letter....will you have the confidence to continue knowing that they are just bullying you and you've violated no law (and if they still brought a claim, you'd hit them up for Rule 11 violation or equiv)...or will they actually have a case against you. This is where legal advice will first become practical (and of course in the prelim stages so as to prevent such an occurrence). </p><p></p><p>If your project is free (as in beer), then it will be hard for WOTC to claim damages and harder to show that you've failed the four factor fair use test. <a href="http://en.wikipedia.org/wiki/Fair_use" target="_blank">Fair use - Wikipedia, the free encyclopedia</a> - if there is even found to be any violation in the first place. Fair use is basically a defense to being found to have violated a copyright. If you do it right, you won't ever reach this stage. But even if you do, the law is on your side. </p><p></p><p>Just express your material such that it is as dissimilar to WOTC as possible. And the actual mechanics are totally fair game. <a href="http://www.copyright.gov/fls/fl108.html" target="_blank">U.S. Copyright Office - Games</a></p><p></p><p>These opinions are my own and based on my own research into the matter, do not rely on the opinions. I am not a lawyer. But, honestly, you should be fine. If you're really worried then either don't do it, or talk to a lawyer.</p></blockquote><p></p>
[QUOTE="FormerlyDickensC, post: 4774324, member: 53954"] You're free to use the same mechanics all you want in your game. What you cannot do is express those rules in the same manner as WOTC does in its copyrighted material. This includes words and visual graphics. The reason you would need to talk to a lawyer is determine what expressions of yours might or might not violate the expressions (copyright) of WOTC. If you're not selling the material you produce, you are far less likely to be found (in court) to have violated the copyright...but this finding ultimately depends on many circumstances. The real issue you face is that if WOTC gets irked by your project and sends your a C&D letter....will you have the confidence to continue knowing that they are just bullying you and you've violated no law (and if they still brought a claim, you'd hit them up for Rule 11 violation or equiv)...or will they actually have a case against you. This is where legal advice will first become practical (and of course in the prelim stages so as to prevent such an occurrence). If your project is free (as in beer), then it will be hard for WOTC to claim damages and harder to show that you've failed the four factor fair use test. [URL="http://en.wikipedia.org/wiki/Fair_use"]Fair use - Wikipedia, the free encyclopedia[/URL] - if there is even found to be any violation in the first place. Fair use is basically a defense to being found to have violated a copyright. If you do it right, you won't ever reach this stage. But even if you do, the law is on your side. Just express your material such that it is as dissimilar to WOTC as possible. And the actual mechanics are totally fair game. [URL="http://www.copyright.gov/fls/fl108.html"]U.S. Copyright Office - Games[/URL] These opinions are my own and based on my own research into the matter, do not rely on the opinions. I am not a lawyer. But, honestly, you should be fine. If you're really worried then either don't do it, or talk to a lawyer. [/QUOTE]
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