Re: Re: Fan Publication Policy Objections

From: Graham Robinson <graham_at_...>
Date: Wed, 23 Mar 2005 18:50:48 +0000

>I think (and hope) the intention here is not that Issaries
>would take your creation and use them without credit, but covering
>themselves against the possibility that while you have been writing
>your "Vinga's Little Sister XXX" stories, A N Other writer has
>Submitted "The Cult of YYY, Vinga's Sister" to Issaries, without
>being aware of your stories. The "Concept Use" clause prevents you
>from being able to litigate on the basis that Issaries have "Stolen
>your concept and changed the name" to avoid paying you for your
>idea.

Three points here :

1. If Issaries main concern is independent invention, surely that should be addressed explicitly, rather in an overly general get-out clause.
2. If the situation described did arise, I would expect them to correct it by giving due credit - the statement "Graham Robinson independently developed a very similar idea which we were unaware of at the time" added to the errata would seem to me to show good will and be hard to argue with. Whereas quoting a legal document as basis for not crediting me at all would show no good will at all.
3. Note that I am in no way arguing with the "without payment" part of this clause.

>Issaries is (a) trying to credit the work of the originiators and
>(b) will take action where it fails to do so originally.

I'm happy for them to do that, am aware that they've done so in the past, and hope they will continue to do so in the future. But if that is their intention why not say so?

Cheers,
Graham

-- 
Graham Robinson
graham_at_...

Albion Software Engineering Ltd.