[MUD-Dev] Custom Server Roll Call?

[Jon A. Lambert]

On 9 May 99,, Ola Fosheim Gr=F8stad wrote:
> "Jon A. Lambert" wrote:
> > For instance, there exists a substantial body of software which was fi=
rst
> > described in academic papers.  The authors of the software most certai=
nly
> > used the academic papers as the basis of the software, yet separate an=
d
> > distinct copyrights exist.  Legally speaking, the software is NOT a
> > derived work of the paper.
> 
> Depends, but papers usually only describe abstract ideas. That descripti=
on
> is copy-protected. For instance, you cannot use the expressed ideas
> contained in the "numerical recepies" book just like that.

I'm not familiar with that work.  

>  You can use the
> ideas and make your own expression of it.  It is easy to end up with
> bordercases where it isn't clear whether you are building on the work or=
 the
> ideas, or where it might be considered fair use. However, it isn't too
> difficult to stay on the right side of the border.

Yes.  It is difficult to distinguish especially in the case of FRPGs 
which blend works of reference with works of literature.  Note that U.S. 
law makes a strong distinction between the two uses.  The former is 
covered under "fair use", the latter isn't.  Which is why you are on much 
shakier ground basing your mud on the books of Ann Rice or Stephen 
Donaldsen than you are basing your mud on AD&D or Rolemaster.  This is 
why TSR was justified in targeting Forgotten Realms or Dark Sun muds. 
These are works of literature.

> I think this is a good way to think about the issue: If you benefit from=
 the
> expressed idea, then it is a derived work. If you benefit from the idea =
(the
> abstraction of the work) and make your own expression of it then it isn'=
t.

Understanding "fair use" is important and how the legal system classifies
the works.  I can't xerox off a copy of Stephen King's "The Stand" and 
give it to a friend even though I don't benefit.  Why, because the author
suffers damage.  OTOH, I can copy a New York Times article and give it to 
a friend, even though NYT may lose revenue under "fair use".  This is 
traditional been held up specific to newspapers and magazines.  BTW, this 
is about to be retested in court in Los Angelos over web issues.  Should 
be interesting. :)  

> Say, if I make a collection of love-quotes from the bible, then that
> collection is copyrighted.  If somebody takes my collection, remove some
> quotes and add others and translate it into another language, then it st=
ill
> is a derived work.  If however somebody read my work, then say "Ahh love
> quotes what a great idea", then go to the bible picking quotes on their =
own,
> ending up with the same collection as I did, then it is not a derived
> work...  That's my understanding of this. 

I agree with this example 100%.

> If you take tables of coefficients
> from a complex gaming manual and use them, then it for sure is a copyrig=
ht
> violation.  Because you are not allowed to make a copy or a translation
> without permission!  Modification is not enough.  It still is a derived
> work.

Nope.  I strongly disagree.  There isn't any precedent here in the U.S.  
There is NO protection for using the DATA from in a published table in a 
software program.  This is definitely work of reference material.

> > My use of the above examples directly transcribed from the AD&D DMG is
> > yet another example of "fair use".
> 
> Probably. And it wasn't significant. 

Not probably, definitely.  I can't think of a more crystal clear case of 
"fair use".  


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