Re: Re: Fan Publication Policy Objections

From: Roderick and Ellen Robertson <rjremr_at_...>
Date: Wed, 23 Mar 2005 14:42:23 -0800


> >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.

That is *one* reason. There is also "Data Mining" of various ideas off the lists, fora, handouts, etc. Some of the ideas we've kicked around here may have so many authors and contributors that trying to list them all is ridiculous. II would like to use ideas from discussions, etc. without having to track down every Tom, Dick and Harry who contributed to it to give them their moment in the sun.

> 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.

No publisher or author that I know of has *ever* acknowledged a "parrallel evolution" like that. I'ts probably a really bad idea to acknowledge something like that (in a legal sense).

> >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?

Because the FPP is a legal document, and there are things you do & don't do in a legal document to cover your ass.

My biggest gripes with the gripes that I've read are:

People are not willing to give II the benefit of the doubt. The use of the word "can" does *not* imply that whatever *can* be done *will* be done. hard-nosed legalistic penalties are absolutely standard in this sort of thing. Hell, read the License Agreement next time you install a new piece of software if you want some scary reading.

People want to deny II the same rights that they themselves already enjoy. Fans use II information all the time without attributing it. If you write your "Vinga's Little Sister XXX" story, are you atteributing all the names and Gloranthan ideas to Greg and/or II?

Finally, you might ask yourself *why* Greg felt he had to protect his intellectual property in this way. If it weren't for some "fans" who abused Greg's trust and good will, we wouldn't be in this mess. So blame II all you want, but take the time to curse the sh*theads that forced them to take this course as well.

RR
C'est par mon ordre et pour le bien de l'Etat que le porteur du pr�sent a fait ce qu'il a fait.
- Richelieu

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