Quote from: Chris24601 on January 26, 2023, 08:26:10 PM

Quote from: GeekyBugle on January 26, 2023, 06:37:26 PM

Quote from: Chris24601 on January 26, 2023, 05:43:18 PM

Quote from: Spinachcat on January 26, 2023, 05:01:24 PM
I prefer relying on Fair Use than dealing with any OGL

UNLESS

I was selling a product that I wanted to be 100% compatible with another company's game.

I generally agree and, now that I know it exists, I absolutely adore the simplicity of this as a basis;

LotFP Compatibility License Terms 1.4
This license allows non-affiliated "third party" publishers to release free or commercial publications for use with, and declaring compatibility with, LotFP Weird Fantasy Role-Playing. You do not have to pay a licensing fee nor submit your product for review prior to publication.

1) Your product must comply with all applicable trademark and copyright laws. LotFP is not responsible for any infringement claims against your product.

2) The title of the work may not contain "Lamentations of the Flame Princess," "LotFP," nor have a three word product name beginning with "Death" and ending with "Doom."

3) The compatibility statement/logo must be smaller than your product's title and your company's logo.

4) Your product must not in any other way give the impression that it is an official LotFP release.

5) In your legal text, and on the website you promote the work, you must include the following: "This product is an independent production by [Your Company Name] and is not affiliated with Lamentations of the Flame Princess. Lamentations of the Flame Princess is a registered trademark owned by James Edward Raggi IV."

6) You must submit one copy of your product, in every format it is published, to LotFP after publication.

That's IT. Less than 200 words.

I'd want to tweak it slightly for my own use... my own company ID, I don't care about the supplement's title, I want to give some clear examples of fair use for those who haven't recently had a course on "art, trademark & copyright law" (It was a required course while I was in art school, but it's been twenty years and I wouldn't trust what I remember), etc... but it's basically just "fair use and don't be a dick."

I might be wrong but IMHO, points 1 thru 5 are the actual USA law just stated in layman's terms

And point 6 means that in exchange for Raggi allowing you to do what the law allows you to do you have to give him one copy of your work on every format published.

Unless I missed the part about using his IP without worries?

In short, the "don't be a dick" license, shows Raggi to be one.

Sometimes stating things in layman's terms is important for getting a layman to make use of an opportunity that otherwise only lawyers would feel confident enough to do (or even realize IS an option). Just because you happen to be familiar with IP law enough to realize you can make "compatible with" products doesn't mean everyone is. I'd wager the vast majority of players and GM's have no idea they could actually write up and sell their adventures for money without infringing on the game system they're using's copyrights.

THAT is where a "layman's license" is quite useful. Personally, I'd just ask for a PDF of the material for reference (so I know what other content creators are doing. I don't demand perpetual irrevocable royalty-free licenses to others works so I want to know what others are doing so I don't infringe on THEIR copyright either... but again, I'd want someone helping me navigate IP matters without needing to shell out hundreds of dollars to a lawyer to have a copy of what I'd done with their material anyway.

Nowhere in that "license" does it say ANYTHING about their IP, it talks about their trademark, which by law you can already use if you follow the advice of the "license".

And in exchange for writting that "license" up you have to send them 1 of every format your compatible product is published in, for free, I assume you even have to pay the postage.

So the "Don't be a Dick" ""License"" only serves to prove that Raggi is a massive douchecanoe.

Quote from: GeekyBugle on January 26, 2023, 08:51:35 PM

Nowhere in that "license" does it say ANYTHING about their IP, it talks about their trademark, which by law you can already use if you follow the advice of the "license".

And in exchange for writting that "license" up you have to send them 1 of every format your compatible product is published in, for free, I assume you even have to pay the postage.

So the "Don't be a Dick" ""License"" only serves to prove that Raggi is a massive douchecanoe.

Another problem with all these 'license' issues is that they convert a copyright law issue into a contract law issue. If you violate a copyright there are a lot of defenses. If you violate the terms of the contract those defenses are solely within the contract. You are agreeing to all those terms by using them. It is generally much easier to go against someone under contract than under copyright.

Quote from: squirewaldo on January 26, 2023, 09:08:28 PM
Another problem with all these 'license' issues is that they convert a copyright law issue into a contract law issue. If you violate a copyright there are a lot of defenses. If you violate the terms of the contract those defenses are solely within the contract. You are agreeing to all those terms by using them. It is generally much easier to go against someone under contract than under copyright.

This is generally true, and is what caught out Mayfair Games in their spat with TSR. However a sufficiently generous licence can be better than relying on the limits of copyright (I teach both in England). I was initially sceptical of the OGL 1.0 when it came out in 2000, but I was persuaded that it did work as an effective safe harbour. This certainly does not apply to WoTC's new 'draft' licences of course.

The uncertainty of copyright law and the relative certainty of contract law can work both ways. Suing for non-literal copyright infringement is hard, but so is defending the claim. With a contract it's usually pretty clear.

Quote from: GeekyBugle on January 18, 2023, 02:35:11 PM

Quote from: DocJones on January 18, 2023, 02:22:30 PM

Quote from: GeekyBugle on January 18, 2023, 01:56:07 PM

Quote from: DocJones on January 18, 2023, 01:45:11 PM
Anyone can file a motion to dismiss and then motion to sanction and fine those attorneys stupid enough to file such a frivolous law suit over things which simply cannot be copyrighted.
Or of course you could release nothing or cower like a pussy without clearing everything with the scary cartel known as Hasbro.

Yeah, fuck you too.

Come on and man up.  Don't fear the wotzi.  :-)
Start using words like arcane, kobold, lich, abjuration, illusion, conjuration, enchantment, red dragon, black dragon, ad infinitum in all your works.
Steal all the concepts and ideas from D&D for yourself.
I find it both sad and hilarious that some here use the word "fluff" to refer to what is actually protected creative expression and are hand wringing over what is not protected.

Why don't YOU put your money where your mouth is keyboard warrior?

When did Shadowrun get involved in this? 

Quote from: Omega on January 27, 2023, 02:03:17 AM

Quote from: GeekyBugle on January 18, 2023, 02:35:11 PM

Quote from: DocJones on January 18, 2023, 02:22:30 PM

Quote from: GeekyBugle on January 18, 2023, 01:56:07 PM

Quote from: DocJones on January 18, 2023, 01:45:11 PM
Anyone can file a motion to dismiss and then motion to sanction and fine those attorneys stupid enough to file such a frivolous law suit over things which simply cannot be copyrighted.
Or of course you could release nothing or cower like a pussy without clearing everything with the scary cartel known as Hasbro.

Yeah, fuck you too.

Come on and man up.  Don't fear the wotzi.  :-)
Start using words like arcane, kobold, lich, abjuration, illusion, conjuration, enchantment, red dragon, black dragon, ad infinitum in all your works.
Steal all the concepts and ideas from D&D for yourself.
I find it both sad and hilarious that some here use the word "fluff" to refer to what is actually protected creative expression and are hand wringing over what is not protected.

Why don't YOU put your money where your mouth is keyboard warrior?

When did Shadowrun get involved in this? 

Working on my Men & Magic tome.  Art is being done by a 6 year old. 

Quote6(f) No Hateful Content or Conduct. You will not include content in Your Licensed Works that is harmful, discriminatory, illegal, obscene, or harassing, or engage in conduct that is harmful, discriminatory, illegal, obscene, or harassing. We have the sole right to decide what conduct or content is hateful, and you covenant that you will not contest any such determination via any suit or other legal action.

I know it's bit moot point now - but do American Law truly allowed as legal licences and other deals, that takes them away from judgement of courts?

Quote from: Wrath of God on January 28, 2023, 06:39:08 PMI know it's bit moot point now - but do American Law truly allowed as legal licences and other deals, that takes them away from judgement of courts?

Both sides in any contract can agree to specific rules of arbitration and surrender their rights to normal legal actions. It's quite common, and specifically used to fuck the little guys.

God's Mercy is truly infinite if he allows America to still exist despite such abominations.

Quote from: Spinachcat on January 28, 2023, 06:49:15 PM

Quote from: Wrath of God on January 28, 2023, 06:39:08 PMI know it's bit moot point now - but do American Law truly allowed as legal licences and other deals, that takes them away from judgement of courts?

Both sides in any contract can agree to specific rules of arbitration and surrender their rights to normal legal actions. It's quite common, and specifically used to fuck the little guys.

How enforceable it is, is also open question. I had a dispute with a fellow business and member of the Better Business Bureau. Part of their membership requirements were an agreement to binding arbitration. I won that, but the other business ignored that arbitration, took me to court and all the BBB did was write a stern letter to the court, which was promptly ignored by the magistrate and I learned my lesson about never hiring a nice lawyer (always hire the biggest asshole you can afford for anything adversarial). The BBB didn't even note the refusal to abide by their binding arbitration for the opposing company and yet was dumbfounded when I dropped my membership and tell everyone possible that the BBB is a scam and their ratings less than worthless.

Well that's some relief.
Fellow lawyer told me that's strictly banished practice in all EU, and you can be prosecuted for even proposing such shit in whatever contract you're offer others to sign.