Re: [ImmoderateHeroQuest] Re: Why...

From: John Hughes <nysalor_at_mB4d8svW3agjc4TlHVe1GKCHWFMqbSUglpWduPeD3E4GZ10Epxh_nceQE94Dgcs2zheb>
Date: Sat, 2 Apr 2005 09:10:53 +1000


Thanks Chris.

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.

And I appreciate your candor:

>"Issaries owns everything.  You may only use
>anything with express written permission... All your derivative works are 
>belong
>to us."

Now that at least is honest. And clear. :)

I'd tinker just a little...

"Issaries claims to own everything. You may only use anything with express written permission. All your derivative works are belong to us"

and perhaps

'Issaries asserts its moral right to not recognise you as the author of your work.'

 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.

The hobby seems to be barely hanging on. If there is a future ten or twenty years down the track, it will probably be either a highly centralised and minor offshoot of online computer games run by megacorps (with large a no doubt healthy law divisions), or open source. Me I'm working on the latter. But then, I've never liked wearing suits, even when ensconced in the heart of bureacracy.*

And I have great sympathy and support for Issaries in its efforts to survive and make a way forward.

Hardly an issue confined to Issaries alone, of course. And not one we're going to solve here. However, adminstrative competance and legal issues are separate, and should neither be conflated nor confused.

So you'd fire Issaries for attempting to explain what's its doing? {That's a simplificatinof what you said of course). Interesting, and itself a revelation of sorts. Jeff, another lawyer, seems to think its a good idea. I do take your point about complexity however. And, I say again, look forward to the FAQ, Idiot's Guide, and *any* sort of public statement from II.

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

And there seems to be something very strange happening with my .sig file...

Bugger.

John

nysalor_at_UO9aFZh4HtTjRJutQ7_dB9uxpO1HkCXBeppF3fAiA6MZeSTEK6Yoxz_YGTeAwRArozEXyrKQ1phW8J_4BQ.yahoo.invalid John Hughes Questlines: http://mythologic.info/questlines/

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

| I'll delurk for just a moment to respond to just one
| part of this:

|

| --- John Hughes <nysalor_at_KZyw725yYWDAEivEYrxuIDQC3Kw-LWN0g28Gh9dvBiPtAbRXXxe2ZAG8NRSUvj8YGIAuGahVED-bdg82HrKXa14.yahoo.invalid> wrote:
|

| > 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.
|

| John, you really don't want something short and
| simple. The only way to go short and simple on this
| is "Issaries owns everything. You may only use
| anything with express written permission." This is
| what lots and lots of people do.
|

| Give them credit for at least trying to present a
| nuanced policy that expressly permits many things,
| anticipates an abbreviated process for other things
| where they have to maintain the appearance (not
| necessarily the substance) of policing their
| intellectual property, and allows exceptions to any
| rule on request. So it's not perfect, but it is very
| permissive compared to the norm. You should see the
| stuff I write. ("All your derivative works are belong
| to us.")
|

| Further, as a lawyer, I would fire any client that
| purported to set out a charter that undertakes
| obligations to customers in the manner you seem to
| suggest. It is just asking for trouble that a company
| II's size would be foolish to invite. As to authors,
| I would think that the range of concerns that each
| author would articulate (from "I just want decent
| credit" to "You have to pay me") defies any universal
| policy, which is why their policy calls for
| individualized agreements.
|

| I hear and sympathize with Nick's issue. But I don't
| think your answer is feasible.
|
|

| Chris Lemens

|
| (Not an ad: If you have a little extra money to donate to a good cause,
check out http://www.modestneeds.org/.)
|
|
|

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