On Wed, 18 Apr 2001, Will Hindmarch wrote:
> Still, a lot of folks actually operate with the notion that the
> "hobbyist defense" will protect them. I don't think they should count on
> it to cover them in a litigious hurricane, but it's a source of hope.
> Maybe it shouldn't even be a source of hope, but
> regardless ...
> If we stop talking about it, people will still keep thinking it.
> Let's discuss and correct it, like we're doing now. I know something now
> I didn't know yesterday. I wouldn't have learned it if I had kept quiet.
Well, I think the cautions are well placed... About ten years ago there
*was* an instance when TSR Legal actively went after hobbiests who were
posting things online. (Technically, they went after the ftp sites that
were allowing fans to post stuff there, but the effect was to stop the
fans, including those who were being diligent about honoring the
copyrights and trademarks.) TSR is not the only company that has gone
after its fans and users, either. Yes it's rude crude and impolite, but
it does happen. Now, AFAIK TSR just sent out cease and desist letters
and threats, and didn't actually sue anyone, but just that action alone
can be pretty distressing if it's you that's affected, even if no money
is extracted.
At the time, TSR's advice was, if you want to post stuff online and not
get sued, then make up your own completely different system, or at the
least make your products completely void of any reference to anything
that could be construed as belonging to TSR. Legally, this was probably
good advice, but telling your customers to not use your product may not
be the best business strategy... Things are different now, of course,
but circumstances haven't quite turned around 180 degrees (maybe a good
57 deg though).
I guess my point is, even if you doubt WOTC would bother suing a fan,
don't assume fans are less likely to invoke legal action than others;
TSR could, and *did*, and if they felt the need, I don't think WOTC
would refrain from doing something like that in the future. (For
example, sending a letter to GeoCities with a list of accounts which
"appear to have some amount of infringing materials", and requesting
those pages be removed.)
-----------------------------------------------------------------------
Bryce Harrington bryce @ neptune.net bryceharrington @ yahoo.com
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