[MUD-Dev] Custom Server Roll Call?

[Jon A. Lambert]

On 5 May 99,, Ola Fosheim Gr=F8stad wrote:
> 
> Besides, in general copyright only applies if you actually looked at the=
ir
> product while you created your own design doc. AFAIK you can have > 
someone
> make an abstract description of the ideas contained in AD&D while lookin=
g at
> them, then hand it to a cleanroom team which make a design and implement=
 it.

No, this is most definitely not so.  This above is peculiar to software 
and some other processes.

> This is to get a good case in court. For hobbyists I guess that means
> sitting in a room stripped for other writings over a weekend writing dow=
n
> the basic design doc, make some copies and have everybody sign a date
> stamped confirmation that it is not based on other designs and that othe=
r
> designs were not available to those who wrote the design doc. (I'm not a
> lawyer) The standard hobbyist evolutionary approach is however a bit mor=
e
> tricky to defend legally I guess... :(

I would disagree here.  Game systems cannot be copyrighted.  This is an 
old argument, one where there is much legal precedent (U.S. that is) with 
cases involving Milton Bradley and Parker Brothers.  They whole area of 
boardgames contains examples of game systems which are exact clones
of other boardgame systems.  They only protection available is by 
patenting.  The best current example of a game system protected in this 
manner is Wizards Of The Coast's "Magic the Gathering" and it's licensed 
descendants.  TSR's (now WOTC's) AD&D system was never patented.  TSR did 
at one point, sue a number of companies that produced adventures, modules 
and rules extensions for D&D and AD&D with NO success.  I repeat NO 
success.  Judge's Guild and Gamelords for instance.

I think you will find some discussion of it in the very early archives.  
Jeff Kesselman maintained a quite a lengthy file on the finer legal 
aspects of the TSR feud.  I can't remember the FTP sites it was on, but 
you may find it through a web search.  

In a nutshell, TSR claimed that their Dungeon Master's Guide and Player 
Handbook were literary works and not Game Rules or works of reference.  
This was never legally tested against muds in particular, yet there was 
enough posturing backed with impressive letters from corporate lawyers to 
frighten off many a sysadmin or ISP.  OTOH, TSR's position on using 
literary material from their Forgotten Realms and other modules and 
novels is quite valid.  Also, significant quoting or wholesale copying 
from the rulebooks is not legal.  The problem peculiar to role-playing 
games is the intertwining mixture of copyrightable and creative literary 
material (which includes written rules and descriptions) with the game 
system.  

BTW, does anyone remember Sojourn's lengthy logon statement directed at 
TSR.  TSR failed to shut Sojourn down.  

There is an older company, Avalon Hill, that has taken a very solid and 
supportable legal position on one of their games.  There are several 
"Diplomacy" servers that are running on the net which implement the game 
rules exactly.  And even implement "unauthorized" variations.  These 
servers never quote the rules and have no help files regarding the rules 
of the game, they merely implement the game system itself.  Anyone 
wanting to know the rules must resort to purchasing the game.  It's a 
good model to follow.

The legal bottom line is this.  I can implement an AD&D, Rolemaster, 
CyberPunk, Warhammer or Vampyre: The Masquerade systems EXACTLY.  The key 
word here is SYSTEM.  I can use the words Armor Class, Hit points, etc. 
along with the concepts.  I can use spells named Prismatic Spray, 
creatures like Halflings and Drow Elves.  I cannot QUOTE from the rules, 
nor can I use literal descriptions of spells and monsters culled from 
their books.  TSR's claims to many of it's "unique" spell names and 
creature names were laughable in any event, since 90% of them can be 
traced to popular novels and mythology.  Now I cannot use trademarked 
names like World of Krynn or character names culled from TSRs literary 
works. 
 
OTOH, The practical bottom line is this:  If you receive a letter from a 
big corporate lawyer, immediately comply with whatever the hell they 
want, or be prepared to play the game of legal bluff and blunder, and 
accept the consequences, unjust though they may be.  
  
Sorry this is probably off-topic.
--
--*     Jon A. Lambert - TychoMUD       Email:jlsysinc at .ix.netcom.com     =
 *--
--*     Mud Server Developer's Page <http://pw1.netcom.com/~jlsysinc>     =
 *--
--* I am the Dragon of Grindly Grund, but my lunches aren't very much fun,=
 *--
--* For I like my damsels medium rare, And they always come out well done.=
 *--


_______________________________________________
MUD-Dev maillist  -  MUD-Dev at kanga.nu
http://www.kanga.nu/lists/listinfo/mud-dev