On Thu, 2006-09-07 at 00:45 -0500, Tim Dugger wrote: > On 6 Sep 2006 at 21:29, Exile In Paradise wrote: > > > Dear Open Game Gurus, > > I would like to discuss a real-world issue I am > > wrestling with. > > > > I am a collector and fan of a game system published > > from 1980-1994 by a publisher that is long since > > gone. > > First and foremost, you need to retain the > services of a lawyer who specializes in copyright > & trademark issues. You are quite likely going > to need one.
Oh yeah, I have mentioned that to the other folks who were interested in this idea. > While game rules themselves are not copyrightable, > tables are NOT game rules. > They may be a specific expression of a game rule, > but they are not rules themselves, and are thus > copyrightable. That's what I was wondering, especially if the rule incorporates the table or formula into its expression of the mechanic. I can easily see where tables that contain "setting" results or what is colloquially called "fluff" are copyright and thus "out of scope" for what I am talking about... but what about data tables that are purely formula based that have no use outside of the application of the rule that references the table. How do you copyright a table to convert Celsius to Fahrenheit, or some other expression of a formula? If you make it a graphic, sure that is copyrighted, but the formula the graphic is based on can't be. If a rule is unusable without the table it refers to, or the table is gibberish without the rules that describe the usage, then is that really saying the table is not rules? Does the "mechanic" or "rule" incorporate the data needed to express the rule in game terms? If the rule is "Cross reference the Celsius to Fahrenheit table to help determine air density to calculate bullet velocity", then it seems the formula or content of the table is *part* of the mechanic. I don't know if that is how things really work in the insane world of lawyering, which is why I was asking about tables. It's hard to describe exactly what I mean here, I suppose. If it doesn't make sense with that lame example, just skip it I suppose and I will let Legal, Beagle, and Eagle, LLC worry about it if things get that far with this idea. > Any attempts to recreate those tables, or to > create new tables that are similar in look, feel, > and use could be considered the creation of a > derivative work, and thus a copyright violation. If that is the case, every game with a table that gives results based on dice rolls could be a "look, feel, and use" violation waiting to be sued on. Although, this is a *key* bit of help. Specifically, the mention of derivative work reminded me to refresh my understanding of that. So, out to copyright.gov we go. Reading it, it gave me an idea. The right approach may be to re-approach the original author of the game, and try to work a permission to prepare a "derivative work" designed to be released into the Open Game realm, minus the setting information. If that is agreeable, then it becomes a review and approval bit. Maybe that would be an even better last-ditch attempt. Thanks for the mental jog. Previous approaches to the author have been more in the lines of them doing the releasing. But, if we could get a permission so that the fan community could do the preparation and releasing, then that might be acceptable to all sides. Anything is worth a shot or else the game itself just sort of dies away. > It doesn't matter if you are attempting to fix a > "flaw" in the tables or not, the end result is going > to be what matters here. True, and I understand your concerns... on and off list. Derivative work issues have already come under discussion between the people interested in this project, but not from the perspective I mentioned above. I think I will chase that next. Or I may get disgusted with the whole sorry state of copyright affairs related to a dead and gone game company and chuck the whole idea. I am not a lawyer and never really wanted to be. Thanks for the responses, this is the kind of sanity checking (and inspiration) I was hoping for. -- Robert "Exile In Paradise" Murphey You are magnetic in your bearing. _______________________________________________ Ogf-l mailing list [email protected] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
