Sm!rk said:
Well naturally, however unless you plan on paying WotC for some other license you will not be able to use any of their copyrighted material. Simple.
Like I said, don't republish any copyrighted material. Simply reference it and cite your reference just like you would reference and cite any other copyrighted material. So I agree completely, you won't be able to republish any copyrighted material.
Sm!rk said:
That is incorrect. If it were that easy then copyright/trademarks and patents would be meaningless. If your work or yourself profits from the use, then there is no way for you to use it without a license from the copyright holder. Where license can just be explicit permission as is done for many copyrighted works.
I disagree that copyrights and trademarks would be meaningless. Also, we aren't discussing patents here, so forget that part. I guess the main point that needs to be addressed is: does creating and posting to the web an adventure set in FR, constitue a "derivative work" of the FRCS as defined by copyright law? Or is that simply using the book as it was intented. Have you ever seen a warranty disclaimer about not guaranteeing something as fit for a particular purpose? Everything sold has either an expressly stated or implied purpose. Inherent in the sale of a game is the right to play that game. That is the purpose of the game. Creating an adventure and sharing it with the people you play with (who happen to read it via the web) is thus included in the "purpose" of the product. License to use a product for it's purpose is by-default included when you purchase the product, or exactly what was it that you purchased? The sale of the book was an implied contract granting the right to play the game and you giving compensation to the copyright holder for that right.
Sm!rk said:
This sounds like some crazed folk lore tale. Who told you this would "work"? If its anyone but a lawyer you should forget you ever heard it. And last I checked copyright is held at the national level, your home town can make up any laws it wishes about copyright, but guess what?
Surely you've heard of federal district court? Key word: district. Federal laws are litigated in federal court in the district in which the offense took place. Now of course they could still file suit in their city, but it wouldn't be (as) expensive to hire an attorney to have it dismissed because the suit was filed in the wrong district. But you can only do that easily if you have evidence that they have already agreed that the event in question took place in your city. If you live in a small town, there isn't likely to be a federal court down the street, but at least it would still be the local federal district not one all the way across the country.
Sm!rk said:
Not likely, the company lawyer is paid either way, that is if he is sending C&Ds or not.
Yes, but the company is only there to make money. If litigation is costing them lots of money and eating into that quarters profits, they may decide to try to reduce the amount of litigation and thus increase profits. If they are having to spend money defending dumb little lawsuits all over the country, eventually they might get tired of it and simmer down a bit.