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<blockquote data-quote="pemerton" data-source="post: 5307904" data-attributes="member: 42582"><p>I think the posts you linked to are worried about nothing.</p><p></p><p>Here's why.</p><p></p><p>As to images, they are included in the WotC kit. And, following a conversation between a poster here (Gloombunny, I think) and WotC which was the subject of a recent thread, it seems that Darksun will soon be added to the images.</p><p></p><p>As to text, as long as no one (i) actually reproduces WotC text verbatim, (ii) retells WotC stories, or (iii) attempts to use WotC trademarks in the course of trade (presumably not an issue for a fan site), then there is (as far as I can see) no violation of WotC's IP rights. (I wouldn't be hosting any advertisements on my fan site, however, given (iii) above.)</p><p></p><p>Of course, the actual determination would have to be made in respect of each fan site. But in this respect, a fan site policy from WotC wouldn't help. In the absence of a fan site policy dealing with non-image IP issues and authorisation, fans who receive a cease and desist notice will (if they are rational) comply. In the presence of a fan site policy dealing with non-image IP issues and authorisation, fans who receive a cease and desist notice will (if they are rational) comply.</p><p></p><p>The protection that some people seem to believe they would get from explicit authorisations to duplicate elements of WotC's copyrighted texts is entirely illusory, because if WotC decided to challenge someone's usage as non-authorised, what fan would go to the trouble of hiring a lawyer to contest the case?</p><p></p><p>EDIT: The GSL is concerned overwhelmingly with trademark and similar issues, and in particular with licensing the use in the course of trade, by parties other than WotC, of WotC's trademarks and similar items of IP. By definition this should be a non-issue for fan sites (subject to the non-hosting of advertising - but whether or not mere webhosting of advertising counts as trade I'll leave up to the experts in IP law).</p><p></p><p>And if anyone thinks that WotC is going to license the fans of its games to use its copyrights - eg by reposting its texts verbatim, or by posting variations on novels, module plots, gameworld descriptions etc - then they are dreaming. I can't imagine any publishing house doing this. Fans are going to have to rely on fair use/fair dealing doctrines, together with the common sense of WotC. (It is also unreaslistic to expect WotC to indicate what it regards as fair use of its texts. WotC is not in the business of giving legal advice to its fans, and it doesn't want to be estopped in the event that there is use that it regards as misuse.)</p></blockquote><p></p>
[QUOTE="pemerton, post: 5307904, member: 42582"] I think the posts you linked to are worried about nothing. Here's why. As to images, they are included in the WotC kit. And, following a conversation between a poster here (Gloombunny, I think) and WotC which was the subject of a recent thread, it seems that Darksun will soon be added to the images. As to text, as long as no one (i) actually reproduces WotC text verbatim, (ii) retells WotC stories, or (iii) attempts to use WotC trademarks in the course of trade (presumably not an issue for a fan site), then there is (as far as I can see) no violation of WotC's IP rights. (I wouldn't be hosting any advertisements on my fan site, however, given (iii) above.) Of course, the actual determination would have to be made in respect of each fan site. But in this respect, a fan site policy from WotC wouldn't help. In the absence of a fan site policy dealing with non-image IP issues and authorisation, fans who receive a cease and desist notice will (if they are rational) comply. In the presence of a fan site policy dealing with non-image IP issues and authorisation, fans who receive a cease and desist notice will (if they are rational) comply. The protection that some people seem to believe they would get from explicit authorisations to duplicate elements of WotC's copyrighted texts is entirely illusory, because if WotC decided to challenge someone's usage as non-authorised, what fan would go to the trouble of hiring a lawyer to contest the case? EDIT: The GSL is concerned overwhelmingly with trademark and similar issues, and in particular with licensing the use in the course of trade, by parties other than WotC, of WotC's trademarks and similar items of IP. By definition this should be a non-issue for fan sites (subject to the non-hosting of advertising - but whether or not mere webhosting of advertising counts as trade I'll leave up to the experts in IP law). And if anyone thinks that WotC is going to license the fans of its games to use its copyrights - eg by reposting its texts verbatim, or by posting variations on novels, module plots, gameworld descriptions etc - then they are dreaming. I can't imagine any publishing house doing this. Fans are going to have to rely on fair use/fair dealing doctrines, together with the common sense of WotC. (It is also unreaslistic to expect WotC to indicate what it regards as fair use of its texts. WotC is not in the business of giving legal advice to its fans, and it doesn't want to be estopped in the event that there is use that it regards as misuse.) [/QUOTE]
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