Spellbook piracy: is it theft?

[Voadam]

Note that the ideas underlying spells are not copywriteable, only the exact form of the spell in the spellbook. Since spells "copied" from another's spellbook use different notations unique to the separate wizard, this is not a copywrite infringement

To record an arcane spell in written form, a character uses complex notation that describes the magical forces involved in the spell. The writer uses the same system no matter what her native language or culture. However, each character uses the system in her own way. Another person’s magical writing remains incomprehensible to even the most powerful wizard until she takes time to study and decipher it.

 

[joshuakanton]

Isn't that a "root kit"? No doubt a product of the Spell Industry Association of Zilargo (SIAZ).

Wizards have to take the reserve feat "SIAZ Spell". This would allow the wizard to cast any spell with the "[ARM-enabled]" descriptor, but to do so, he needs to have a spell of the same level with the "[ARM]" descriptor available.

For the most part, spells with the "[ARM]" descriptor are spells that can be cast on a spell book and will add the "[ARM-enabled]" descriptor to all spells of equal or lower level contained in the book.

Of course, this is the only way that those spells could be brought to the marketplace, anyway.

Edit: I can't believe I actually thought enough to come up with that.

That would be an interesting way for a Mage Guild to control its members. If a member could only cast the Guild's Spells and any non-guild spell that came into contact with a protected spell was automatically erased. The protected spells could require a fee to memorize with the cost being magically transported to the guild.

Want to be a wizard, sign right here.

 

[Shades of Green]

In a typical pseudo-medieval world, spels would not be copyrighted (as the concepts of intellectual property, trademarks, and so on haven't been invented yet and aren't very useful in a medieval society). Instead, they'll be guild secrets of the various mage guilds. Most mages would be guildmembers; guilds would regulate training, initiation, the prices demanded for casting spells and so on. As an apprentice, you'll be given access to a certain amount of spells; after completing your apprenticeship, you'll get access to more spells; when you'll graduate from journiman mage to master mage you'll get full access to spells. Anyone copying spells would either be overeager apperntices violating guild customs, or worse - non-guild casters, who's very existance is a crime.

 

[The Grackle]

Instead, they'll be guild secrets of the various mage guilds.

Yeah, it would be a trade secret more than a copyright which WAS for a written work, or poem, or a piece of music. And a guild wouldn't rely on the state to enforce their rights, but their own secrecy and collective vengeance against anyone who copied without paying.

I'd say a wizard who pirated spells would get blacklisted or fireballed depending on the local guild. If he stole a spell from a wizard who wasn't in a guild, tough luck for that guy-- he should've hidden his spell books better.

This is interesting:
http://en.wikipedia.org/wiki/Book_curse

 

[Lazybones]

I think it might be interesting to have a world where some spells are scribed on durable, large, public objects... like an adamantine obelisk or somesuch. Wizards would be able to copy the spell freely with the right materials and time; possibly such sites might become issues of broader political contention, such as who controls access, and the like.

You could even have a theme like a "magic is passed down from the ancients" sort of thing. Expeditions could be sent to old ruins to try and excavate new spells. That's a whole campaign concept right there.

 

[Kmart Kommando]

You wanted to say. If a wizzard casts a spell he has to call:
"This fireball killed your frinds becaus Bigby let me copy it" ?

Jinx

"I cast fireball!"

"Before we roll those Reflex Saves, this fireball was brought to you by Power Word, Kill™."

"Power Word, Kill™..for when you really want to have the last word.."

 

[Kahuna Burger]

Intellectual Property is a legal construct. Not a moral one.

If your D&D world requires licenses for spells known, this copying may be piracy, depending on the license.

If your D&D world does not require licenses, it's not theft.

Cheers, -- N

I would consider a person's ability to decide if and how and on what terms they decide to share their work to be a moral issue. Lying (which is what you do when you say "I will accept your work under these terms" then violate the terms) is a moral issue. Cheating a person by taking more from an exchange than they agreed to is a moral issue.

As for the OP, the issue is whether it is acceptable to wizards to copy spells from their spell books without their permission. In the majority of cases, it wouldn't be. If there wasn't a very structured legal system in place, wizards would deal with this unacceptable behaviour as they saw fit, and the local law would stay out of it as private business that the spell slingers could sort out for themselves. In a structured legal system where personal justice was unacceptable, it would be against the law, to prevent wizard fueds, which can cause quite a bit of colatoral damage.

It is likely that in the structured legal systems that made it a formal crime, the crime would be called "spell theft" or something of the like, because in addition to lacking strong intelectual property laws, psuedomedieval settings lack anti-IP activists to object to using easy terms.

 

[Nifft]

I would consider a person's ability to decide if and how and on what terms they decide to share their work to be a moral issue. Lying (which is what you do when you say "I will accept your work under these terms" then violate the terms) is a moral issue. Cheating a person by taking more from an exchange than they agreed to is a moral issue.

You assume the existence of a license. No such thing exists in D&D.

The existence of IP is what I'm saying relies on law. The use of IP is most certainly a moral issue -- and both sides of the debate have their sins and their loonies.

As for the OP, the issue is whether it is acceptable to wizards to copy spells from their spell books without their permission. In the majority of cases, it wouldn't be. If there wasn't a very structured legal system in place, wizards would deal with this unacceptable behaviour as they saw fit, and the local law would stay out of it as private business that the spell slingers could sort out for themselves.

This is my take on it. In the absence of a legal structure, it's the threat of immense Wizardly ire that keeps such things in check.

Cheers, -- N

 

[Mark Plemmons]

This was mentioned on one of the HackMaster rulebooks. It gave details about spell piracy or spell shareware. Perhaps someone else here remembers it more clearly?

There's a bit in the GameMaster's Guide, but it was expanded on in the Spellslinger's Guide.

In brief, the basics are that in ascribing his name to a magic spell, the magic-user retains the copyright to the spell in question. Older spells, usually discovered by less litigious elven races, have in the course of time been released into the public domain – free for all to use should they successfully learn the spell.

Copywritten spells, on the other hand, ARE NOT free to use. Just because you’ve defeated some Lich and discovered its spell books does not grant you free rights to copy Zarba’s Fist of Rage or Drayton’s Hidden Stash into your spell book (should you successfully learn that new spell). Oh no. You see, the Lich possessing these spells paid a licensing fee to Zarba and/or Drayton (or their duly appointed representatives) in order to employ these spells – most likely a less expensive single user license. The fact is, without licensing these spells, the caster is guaranteed a spell mishap. Period. The incantation is keyed to the licensee and the licensee alone (it takes a certain amount of cleverness to survive to the level at which you can discover new spells).

Now, all is not lost for the intrepid magic-user who has discovered a valuable batch of new spells. He too can acquire a license. Long ago this was handled directly by the magic-user who created the spell (or more correctly, his flunkies). However, this was a pain in the ass for all parties involved so a better system was developed. The right to globally administer spell copyrights was purchased by the Mage Advocates legal organization for magic-users. This set up worked well for a while but rampant corruption was eventually uncovered and the Council of Orders pulled the license. The magic using professions (to include the magic-user class, various sub-classes and all specialties) then selected the church of Thrain as their duly appointed licensing agents as what many hoped would be a more trustworthy organization. An odd choice you might say, but bickering amongst entrenched special interest groups and Orders prevented the establishment of a Magi run licensing bureau. Everyone was afraid that some other Mage would dole out spells on the side to his patronage spell casters (since if they were in charge this is the first thing they themselves would do!)

A license can be obtained thusly. First you must successfully learn the spell and copy it into your spell book (counting towards the maximum number of spells that you may learn for that level). You then bring your spell book into a local temple of Thrain, fill out a number of lengthy forms (in triplicate) and pay a 10 gp/spell level service charge. Two to eight (2d4) weeks later (this time cannot be known beforehand) the license arrives. You must return to the same temple to pay the fee (on Table 7C in the Spellslinger's Guide). There a clerk inscribes the licensing key into your spell. From then on you may memorize the spell as normal. Note that the licensing key prevents copying. You cannot create a scroll from the spell nor allow anyone else to copy the spell into his own spell books. Attempting to do so not only guarantees failure, but also corrupts your copy of the spell thereby making it impossible to memorize it again.

 

[Mercule]

Note that the licensing key prevents copying. You cannot create a scroll from the spell nor allow anyone else to copy the spell into his own spell books. Attempting to do so not only guarantees failure, but also corrupts your copy of the spell thereby making it impossible to memorize it again.

Well, now. There's an unusual way to screw with your friendly neighborhood lich. Don't steal his spellbook, copy it. That way his rights managment times out and you can catch him with his pants down, so to speak.