Re: [ImmoderateHeroQuest] Re: Why...

From: John Hughes <nysalor_at_0youfpoy5qn4DVrupoye45g80458JldYIhEimWywL6giJDeatgzX5YYa9FS2nYNPS-PD>
Date: Sat, 2 Apr 2005 07:24:19 +1000


Jeff:

>That's an untenable reading of the "concept use" clause

Well then, it's easily fixed. A single, clear public statement from Issaries addressing these issues.

A short, simple and direct company charter or statement of purpose that addresses Issaries rights *and* obligations to customers, gamers, authors and even (gasp) supporters.

It's called good business.

>This is not a change over previous
>practice or policy

<Doubletake>. Umm, so tell me again why most Gloranthan support activity has been frozen by Issaries for the last twelve months?

Cheers

John.


nysalor_at_BAsRWX9FWkFJmMG0r2yvt0IJh8eJEChxWybXI3SMU2McadCxPd-dX07lOd8whmcPzc_kRXMcjCl3tLSbbuOcaw.yahoo.invalid John Hughes Questlines: http://mythologic.info/questlines/

May God us kep
>From Single vision and Newton's sleep!

|
| > > You're being asked to sign away all your rights upfront.
| >
| > As the editor of a Glorantha fanzine, I am expected to sign away
| all
| > my _contributors' rights_ upfront. Given that I do not own those
| > rights, this is an impossible expectation to fulfil, even if I
| felt
| > that it were morally acceptable to just rip off all their hard
| work
| > and send it to Greg (for free). Which I don't.
|
| That's an untenable reading of the "concept use" clause - and I'm
| really tired of that bogus reading being used over and over and over
| again.
|
| "Concept use" as defined in the Policy is simply that folk -
| specifically Issaries - can use the names of persons, places,
| creatures, entities, events, objects, or concepts from any original
| material, Gloranthan development or publication, without need for
| further credit or payment. This is not a change over previous
| practice or policy - heck, it should be a black-letter law
| restatement of US Copyright Law (although judges do get very
| confused about what constitutes an "idea" in fantasy literature -
| look at the confusion involved in the McFarlane v. Gaiman litigation
| over some of the Spawn characters).
|
| Let's say you come up with a character named Stampy McGee (scourge
| of the Timinits) and write tons of stories about the adventures of
| Stampy. You post these stories to the Digest, or Oliver's website,
| or they get published in Tradetalk, or whatever, and lots of folks
| Glorantha have Stampy McGee wandering about Jrustela. Under the
| Concept Use statement, Issaries can include Stampy McGee as a person
| when they come out with Men of the Sea III: Defeat of the Ant
| People, and include references to some of the events mentioned in
| these stories.
|
| However, under the Concept Use statement, Issaries cannot simply
| print the Stampy McGee stories, or significant excerpts thereof -
| they are still the author's Original Material. Does this make any
| sense? It is no different than UW including Rastalulf Vanak Spear
| as a hero cult of the Exiles (something I am perfectly happy and
| honored that they did). What the Concept Use statement is eliminate
| the ability of folk to bring litigation about whether the fictional
| person is an idea or material under US Copyright law.
|
| Jeff
|
| PS.
|
| > The II fan policy strikes me as being completely
| > fucking paranoid, but maybe Greg just chose an idiot, incompetent
| > lawyer (hoping not to offend the lawyer if he or she is a list
| > member, but if so well tough shit).
|
| I did not write the fan policy (nor was I involved in writing it) -
| however, I have written IP agreements for major corporations
| (including Goldman Sachs, KKR, and various companies owned by
| Microsoft's second largest shareholder). The II Fan Policy is
| incredibly tame and if you think this is "completely fucking
| paranoid", you are an idiot.
|
|
|
|
|
|
|
| You Are All Idiots. Signed, De Immod.
|
|
|
|
|
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