TSR TSR3 Blames Widespread Pushback On WotC

In an unexpected turn of events, the primary individuals behind TSR3 have claimed the pushback they've received on social media and elsewhere was orchestrated by .... D&D publisher Wizards of the Coast (a company which has thus far remained completely silent on recent events).

TSR3 is run by Justin LaNasa, Stephen Dinehart, and Ernie Gygax. The controversy has been raging for over a week, since TSR3 announced itself with a press release.

TSR - Companies & Freelancers Distance Themselves From The New TSR

The new TSR (which I refer to as TSR3 to avoid confusion) has doubled down on its stance--which has been widely condemned online--via an ongoing series of tweets and replies from its TSR Games, Giantlands, and Dungeon Hobby Museum social media accounts (possibly operated by Justin LaNasa) in an...

www.enworld.org

Stephen Dinehart and Ernie Gygax have since deactivated their Twitter accounts; Justin LaNasa doesn't appear to have one, but it is believed he is the person operating TSR3's Twitter account. A couple of days ago, Ernie Gygax posted about recent events on Facebook (note that he edited the post, but the original can be seen here).

I wish to state in the strongest terms that I never meant to hurt anyone of any race, creed or color. My video From the Bunker caused some to feel that they would not be welcome or would be looked down upon. That was never the intent, I was reacting to focus of modern role play into a more background and Role Play rather than the wargame that so made so many lives happy over 40 years ago.

As a gamer it meant that most of us were not worthy of any attention from others of our own age. We were Nerds. We were brainy-acks and others would snicker. Older classmen would ask to "borrow" something of ours to then pass back and forth a game of keep away. I used to receive some special attention from about 4 Juniors in my Freshman year. I played the Violin and often I began to wish that I had Super Powers, perhaps become a Giant.. I was far to shy and then embarrassed as attractive ladies would just lower the eyes while the jocks or other socially vibrant fellows had some fun at another geeky nerds expense. Thank goodness I grew 4 inches my junior year.

The only real comfort zone we all could share was a table in the lunch room. At least the fledgling TSR found fertile minds in those who had only those like us - gamers. Rather than have to risk embarrassing myself, since Phy Ed was going to force us to dance with those wonderful and yet scary girls. Well to get my Diploma I had to slave for a month to Mr. Gerber the head of the Phy Ed department. Fortunately I knew all about janitorial work as before D&D and TSR dad only made $5,000 as a Cobbler (five children) and we had food stamps and even free school lunches. Yes you had to go to the councilors office every week to collect your free lunch passes. Obviously you could feel all the eyes on you and the talk about....

Everyone has been welcome at my gaming table and multitudes of new friends have been created by the time spent playing the games we Love. Look at pictures of gaming on my site or anywhere I run games. Everyone is welcome, just like a Boot Hill game leave your guns at the bar until you leave town. If you come to the Dungeon Hobby Shop Museum Jeff R. Leason will show you courtesy and a smile and you will see that gaming with elder gamers is a safe and entertaining environment.

TSR - Ernie Gygax on New TSR, WotC Beefs, Trademarks, Licensees, 5E, & More

A YouTube channel, 'Live From the Bunker', interviewed Ernie Gygax about the new TSR. I've watched and decided to try to transcribe the most relevant parts of it, but the full hour-long video is below if you want to see the whole interview and full context. Ernie Gygax is one of D&D...

www.enworld.org

 

[Umbran]

What if this affair has less to do with trying to run a functional company, and more to do with a hategroup trying to make inroads into the gaming community?

We can "what if" till the end of the world. Hypotheticals are good way to get yourself twisted into a knot of fear, and make bad choices.

When there is evidence for that, fine. At the moment, it is consistent with some older white dudes trying to take advantage of cultural stresses, and having it blow up in their faces.

 

[Sacrosanct]

I just want to reiterate that while in my ideal world, Ernie comes to his senses, gives a legit apology, and gets rid of these toxic people he's surrounding himself with, I think it's equally important that we don't give him any more of a free pass or extra consideration just because of who he is, that we wouldn't give anyone else. I think everyone can learn and grow (lord knows I have), so I'd like to give him that chance.

But again, I'm not the aggrieved party here. And how they feel matters more than I. it's not up to me to decide how many chances he gets. Above all else, we need to support those who are impacted.

 

[imagineGod]

Plus, TSR is not focusing on product delivery, at all. For a small micro business, with all hands stirring online conflict, there seems nobody there to take product inquiries.

I went looking for delivery dates of The Marmoreal Tomb to retail, and there is no news even for Kickstarter backers, not to speak of retail.

Maybe is is just vaporware.

 

[Charlaquin]

Something that I learned about trans experiences. I knew about the term "deadname", but I thought it was a figure of speech, to politely not use the name anymore. I didnt know that saying a deadname was painful for a trans person.

For many trans people, at least. An analogy that might or might not help: I have a family member who has been sober for about 30 years now. When he used to drink, he went by Mike. When he stopped drinking, he started going by Michael. He can’t stand being called Mike any more because it reminds him of the person he was when he drank. The analogy isn’t perfect of course, but I think it kind of gets the idea across. We associate a great deal with names, so being referred to by a name that you associate with a version of yourself that you want to leave behind you can be pretty painful.

 

[Yaarel]

Plus, TSR is not focusing on product delivery, at all.

Heh, TSR3: "Now its all WotCs fault that we at TSR are unable to deliver the promised products that you paid for!"

 

[Abstruse]

This is spot on. The art works are protected by copyright and only usable in a non-commercial or satire form I believe.

Common misconception. You can legally monetize and sell works protected under parody/satire, for criticism, or any other use covered under fair use except the education exemption. It's how Weird Al and the Scary Movie people exist along with film and music critics. And being non-commercial isn't a protection under fair use either, as pirating content through file-sharing that isn't monetized is not covered either. The non-commercial test only applies for uses that are educational, and that is mostly to prevent the textbook industry from wholesale printing full texts without permission to sell them. Commercial usage typically only comes into play otherwise if it goes to trial because it shows actual damages - the person infringing profited off of the material used without permission. If you don't make money off of your infringement, the only damages they can go after are possible lost sales.

Either way, TSR Games used the original artwork and cover from the 1982 version of Star Frontiers, which they do not have the right to use and is not covered under Fair Use and used it for marketing purposes for their company. It's pretty much an open and shut case should Wizards or Hasbro decide to pursue it.

And to be clear, this is how it works under the law in the United States. Other jurisdictions have other laws and some companies like Japan don't have fair use exemptions at all (which is why so many anime parodies get claimed on YouTube).

 

[imagineGod]

Heh, TSR3: "Now its all WotCs fault that we at TSR are unable to deliver the promised products that you paid for!"

There are many Kickstarters that run years late. But there are many more who are successful and deliver on time. It is not an impossible task.

But even million Dollar Kickstarters like John Wick's 7th Sea failed timely deliveries.

So it is not a funding problem but a work ethics and planning problem.

Before TSR was rebooted, at least a complete product should have been achieved first.

Else, like I said, this is a business selling vaporware and controversy. No returns on investment to the unfortunate shareholders. Including Ernie Gygax.

Why setup a business then?

 

[Staffan]

Plus, TSR is not focusing on product delivery, at all. For a small micro business, with all hands stirring online conflict, there seems nobody there to take product inquiries.

I went looking for delivery dates of The Marmoreal Tomb to retail, and there is no news even for Kickstarter backers, not to speak of retail.

Maybe is is just vaporware.

I think the Tomb is in the hands of Troll Lord these days. Business-wise, TSR3 is a different construct. That doesn't mean we can't decide they're untrustworthy based on the principals' previous conduct (like the situation with Dyskami Publishing and Mark McKinnon), but legally TSR3 doesn't have anything to do with the Marmoreal Tomb.

 

[imagineGod]

Common misconception. You can legally monetize and sell works protected under parody/satire, for criticism, or any other use covered under fair use except the education exemption. It's how Weird Al and the Scary Movie people exist along with film and music critics. And being non-commercial isn't a protection under fair use either, as pirating content through file-sharing that isn't monetized is not covered either. The non-commercial test only applies for uses that are educational, and that is mostly to prevent the textbook industry from wholesale printing full texts without permission to sell them. Commercial usage typically only comes into play otherwise if it goes to trial because it shows actual damages - the person infringing profited off of the material used without permission. If you don't make money off of your infringement, the only damages they can go after are possible lost sales.

Either way, TSR Games used the original artwork and cover from the 1982 version of Star Frontiers, which they do not have the right to use and is not covered under Fair Use and used it for marketing purposes for their company. It's pretty much an open and shut case should Wizards or Hasbro decide to pursue it.

And to be clear, this is how it works under the law in the United States. Other jurisdictions have other laws and some companies like Japan don't have fair use exemptions at all (which is why so many anime parodies get claimed on YouTube).

Thanks for the explanation on monetizing parodies.

The Cards Against Humanity model, I believe, right?

 

[Hriston]

I'd be more inclined to believe it's opportunistic businessmen attempting to exploit an element of the gaming community that's prone to hatefulness. IE, pretty much the same model exploited by a lot of fringe businesspeople to make money off customers of a particular political stripe.

Like a certain former U.S. presidential campaign. All of this is straight out of the playbook.