Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Upgrade your account to a Community Supporter account and remove most of the site ads.
Community
General Tabletop Discussion
*Pathfinder & Starfinder
Years after completely ditching the system, WotC makes their move!
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Dannyalcatraz" data-source="post: 5406377" data-attributes="member: 19675"><p>While it is true you cannot lose copyright via mere inaction, a good attorney can argue that selective enforcement of your rights is evidence of at least a partial abandonment- something the Ninth Circuit has suggested is possible (such as in <em>Microstar v. Formgen, 1998</em>) but has not yet to my knowledge had a case in which they ruled that such had happened.</p><p></p><p>I'm not saying that a ruling of partial abandonment is the probable outcome, but given that the courts are starting to entertain such ideas, WotC/Hasbro's legal department may have advised them to err on the side of caution.</p><p></p><p>Proving copyright abandonment is tricky: you have to show evidence of an intentional act (<em>Hampton v. Paramount, 1960</em>). In the hypothetical, the attorney would have to show that WotC's selective enforcement was deliberate; that they did not and never intended to enforce their rights against equally or more egregiously offending parties. IOW, WotC had singled out their client.</p><p></p><p>A tough burden of proof, to be sure, but not impossible...especially if actually true.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 5406377, member: 19675"] While it is true you cannot lose copyright via mere inaction, a good attorney can argue that selective enforcement of your rights is evidence of at least a partial abandonment- something the Ninth Circuit has suggested is possible (such as in [I]Microstar v. Formgen, 1998[/I]) but has not yet to my knowledge had a case in which they ruled that such had happened. I'm not saying that a ruling of partial abandonment is the probable outcome, but given that the courts are starting to entertain such ideas, WotC/Hasbro's legal department may have advised them to err on the side of caution. Proving copyright abandonment is tricky: you have to show evidence of an intentional act ([I]Hampton v. Paramount, 1960[/I]). In the hypothetical, the attorney would have to show that WotC's selective enforcement was deliberate; that they did not and never intended to enforce their rights against equally or more egregiously offending parties. IOW, WotC had singled out their client. A tough burden of proof, to be sure, but not impossible...especially if actually true. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
*Pathfinder & Starfinder
Years after completely ditching the system, WotC makes their move!
Top