From: [j--v] at [cs.ucr.edu] (James Vassilakos)
Newsgroups: rec.games.frp.misc
Subject: Re: TSR-bashing (was: New to Newsnet)
Date: 1 Aug 1996 17:04:04 GMT
Terry Austin ([t--s--n] at [hyperbooks.com]) wrote:
: Actually, my opinions haven't changed at all. TSR's position has.
: When they got reasonable, so did I. The only really boneheaded thing
: they did that I recall ragging on them about was taking 5 months to
: answer Jim V's letter.
Actually, I'm not aware that they made any revision in their policy
regarding the non-profit use of AD&D terminology by netters in order
to create and freely distribute via ftp and/or the web AD&D-compatible
characters, monsters, spells, magic items, and/or adventures. This was
the primary issue, in my mind, and for those who are interested in my
brief correspondence with TSR's lawyer, here is what was said:
August 31, 1995
Connie Lindman
TSR, Inc.
201 Sheridan Springs Rd.
Lake Geneva, WI 53147
Ms. Lindman:
It has come to my attention during the past year that TSR has
erected a policy on the Internet which forbids individual players
of the AD&D roleplaying game from freely distributing, without
charge, materials which they have written which are compatible
with and which make use of the terminology of the AD&D game
system, such as adventures, spell books, monster databases,
character sheets, and the like.
I have exchanged email with Sean Reynolds, TSR's Online
Representative, on this topic. He is apparently attempting to
gather a list of "generic" terminology (that is terminology
which is used by both TSR and at least one other game system)
which he purports is usable by individuals on the Internet.
I have two questions for you.
First, which of the following terms (if any) does TSR classify as
"generic" rather than as AD&D-specific, and can they be used in
net-publications with their AD&D meanings assumed: Strength,
Intelligence, Wisdom, Dexterity, Constitution, Charisma,
Comeliness, Frequency, # Appearing, Armor Class, Move, Hit Dice,
Hit Points, % in Lair, Treasure Type, # of Attacks,
Damage/Attack, Special Attacks, Special Defenses, Magic
Resistance, Alignment, Size, Psionic Ability, THAC0, Experience
Points, Level, Range, Duration, Area of Effect, Components,
Casting Time, Saving Throw, and Speed Factor?
In the event that TSR allows all or most of these terms to be
used freely on the Internet with their AD&D meanings assumed, I
think that most people will be satisfied enough to let the issue
drop. However, in the event that TSR does not allow the free use
of this terminology, I think that there are those of us who might
want to take the issue before a judge, depending, of course, on
how much it'll cost to get a judicial verdict on whether or not
this terminology is copyrightable in the first place, and if so,
to what extent it can still be used in a freely-distributed,
third-party game supplement or module.
My second question, then, is whether or not TSR would be willing
to take the terminology issue to court. I could write an
AD&D-compatible adventure which makes use of all of the
game-terms listed above. Would TSR be willing to seek injunction
against my free distribution of that module so that we could both
appear before a judge, make our arguments, and get a verdict as
to this issue?
Thank you for your time and consideration in answering these
questions. I will be sure to post your reply to the Internet for
others to see.
Sincerely,
Jim Vassilakos
Here was TSR's response:
-From: [T S RInc] at [aol.com]
-Date: Fri, 16 Feb 1996 11:15:35 -0500
-To: [j--v] at [corsa.ucr.edu]
-Subject: Response from C.Lindman
February 14, 1996
Dear Mr. Vassilakos:
This is to respond to your letter enquiring about the use of AD&D
game terms and TSR's response if you were to write and distribute an AD&D
adventure outside TSR's authorized on-line sites. I realize that several
months have passed since your letter and I apologize for the delay. More
urgent business has kept me well-occupied and I wanted to give you a
complete and thoughtful response.
Your question about ownership of terms is a red herring. The real
question is whether your work is "based upon" TSR's copyrighted AD&D game.
If so, then your work is a derivative work and, unless you have TSR's
permission, it infringes TSR's rights. It doesn't matter whether you
write an AD&D adventure using actual AD&D terms or you write the same
adventure using code terms (e.g., Alpha = Strength, Beta = Dexterity,
etc.). If the adventure is written specifically for the AD&D game, then
it is based on the AD&D game and is an infringing derivative work. On the
other hand, a generic adventure that could be adapted by the reader to any
fantasy role-playing game would not infringe TSR's rights. In that case,
the adventure is not based on the AD&D game or any particular fantasy RPG.
If you deliberately infringe TSR's rights, TSR will take appropriate
action at the appropriate time. There are too many factors that go into
such a decision (including direction from upper management) for me to give
a definitive answer to your hypothetical.
If you want to file suit, you could ask a judge to "declare your
rights" in this matter. In order to maintain the suit, you would have to
prove to the court that an "actual controversy" exists. (The purpose of
the "actual controversy" requirement was explained by the Supreme Court in
Public Service Comm'n v. Wycoff Co.: "The disagreement must not be
nebulous or contingent but must have taken on fixed and final shape so
that a court can see what legal issues it is deciding, what effect its
decision may have on the adversaries, and some useful purpose to be
achieved in deciding them.")
In the intellectual property area, courts generally (but not always)
require that the rights holder (in this case TSR) have specifically
threatened the plaintiff (you) with litigation. Other pertinent facts are
also considered in order to determine whether the parties are improperly
seeking an advisory opinion. I do not believe there is an "actual
controversy" in the legal sense at this time. Of course, you (and your
attorney) may disagree.
I hold no illusion that you will be satisfied with this answer. I
hope at least that you will take a few moments to consider my comments and
put yourself in TSR's place. You may still disagree with me, but perhaps
you will better understand TSR's position. For myself, I do understand
your frustration in not having an substantial number of TSR-authorized
Internet sites on which to share your creative endeavors with others. We
are working on this problem and expect to open a large web page (possibly
mirrored to other sites) in the near future. However, corporate wheels
turn slowly even in this fast-paced modern age. We don't have an ETA for
the web page at the moment, but Sean and Jim will keep you posted.
Very truly yours,
Constance R. Lindman
Corporate Counsel
TSR, Inc.
As a footnote, I did put a brief AD&D-compatible adventure which uses
AD&D terminology and contains AD&D-compatible spells and AD&D-
compatible monsters up for ftp at ftp.cs.pdx.edu in the pub/frp/util
directory. The filename is worldmap.zip. Make sure to use the
following command when unzipping the program:
pkunzip -d worldmap.zip
TSR has never contacted me about the program, so I assume that either
they don't care or they aren't really eager to take their policy
before a judge. One can only wonder.
[j--v] at [cs.ucr.edu] / [j--v] at [empirenet.com]