Re: [ImmoderateHeroQuest] Re: Why...

From: Chris Lemens <chrislemens_at_hy3H6pzQl1we2wjQCrjOq94YIZOgMuZRkWObmYjvqbOWCEHKc54cKesclwq4bUy9>
Date: Fri, 1 Apr 2005 15:34:30 -0800 (PST)

> Thanks Chris.

Bugger you very much.

> I do appreciate the complexities, and the
> efforts Issaries seems to be making, however
> belatedly, given that these issues have been
> raised over twelve months.

Two points. I will make the first by quoting you:

> []adminstrative compet[e]nce and legal issues
> are separate, and should neither be conflated
> nor confused.

Second:
I really do not think that II's current efforts are *primarily* focused on addressing the issues raised over the last 12 months. I think they are primarily focused on trying to do the things necessary to create w thriving business based on Glorantha. Sadly, as you note, legal culture -- not just in America -- requires them to appear to police their intellectual property. Do you think they really give a damn about someone (frex) creating game aids and distributing them via a mail list to their players? No, of course not. But they do care about someone creating game aids and building a business out of distributing them via a mail list. As should we: we want II to succeed because only II is in the position to build out the lines of materials we all want.

I think II is only *secondarily* interested in responding to the objections people have raised over the last 12 months. They are interested because (a) they genuinely value and appreciate the past efforts of people like you and Nick and (b) they want more of them in the future, but in a way that is helps build that triving business around Glorantha.

I should also say that I'm no insider, so I could be wrong and frequently am.

> One of the basic issues here seems to be the
> American legalistic world view and its
> intersection with common concepts of trust,
> common courtesy, business ethics and
> adminstrative competence, not to mention
> the question as to whether a communal, sharing,
> genre-driven, idea-stealing-errr-adapting,
> continually-recycle-basic-concepts hobby can
> in fact thrive or even survive in an
> environment increasingly held to ramsom by
> {insert adjectives of choice] legalistic
> capitalism.

I would flip that around: The basic issue is the conflation or confusion of (a) the legalistic document necessary to counter to predatory pirates that in fact exist with (b) what Issaries will actually do in practice. The policy has to be harsh; their actual conduct is unlikely to be, since they'd need a lot of money to pursue action. (And if they had money, don't you think they'd find better ways to spend it?)

> So you'd fire Issaries for attempting to explain
> what's its doing? {That's a simplificatin of what
> you said of course).

An oversimplification. You asked for a charter of obligations that II underakes to its customers. Yes, I'd fire II as my client if they did that in II's position.

> Interesting, and itself a revelation of sorts.
> Jeff, another lawyer, seems to think its a
> good idea.

First, I believe that what Jeff is working on will be complex. It will just be closer to plain English. I bet it will be long and have lots of examples.

Second, Jeff is too polite. He probably saw a subset of what you were suggesting that would be appropriate: for example, a moral undertaking of II to try to be better about appropriate credits. Frankly, the rest (of the idea about a charter directed to customers) was crap. I will bet you a beer of your choice that, if you press Jeff, he will agree that he would never advise a client to make an undertaking like that to the public consumer -- it has awful legal ramifications under American law.

> BTW, can Issaries sell on those rights of theirs
> (ours)?

They can sell their rights. They cannot sell yours unless you give them up (assuming you had some in the first place -- what, you expected a lawyer to give an unqualified statement?).

Chris Lemens

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