Re: TML Public or Private

Carl sez:
}The TML is just as public as any other magazine and as such, should not be
}considered "private" mail.  Anyone can subscribe.  Porting over portions
}or whole bundles to those that do not have subscription capability is, in
}essence, a subscription.

}If you
}have something to say which is private in nature, send it to specific
}inidividuals, not the List.

Hmmm, well, you have a point.  However, I see a problem:

A great deal of what appears here as 'original material' ie. the stories,
vehicles, and ideas posted, etc, do fall under the definition (as I
understand it) of what GDW claims as it's intellectual property.  If
someone has a story which is not totally original, (if it uses the
Traveller background) then writing it to a public medium may constitute
plagurism.  Now, I'm really not up to snuff on the legality of such
things.  However, I don't think I can continue to write stories where
the inspiration is so obvious to all concerned.

I have always been of the opinion that The 4.5th Frontier War was
unpublishable, as it draws background, inspiration, situations, and even
characters lock stock and barrel from other stories.  If posting it here
on the TML constitutes publishing it in a public medium, I may indeed
have broken some law.  Or if I haven't, I'll betcha a lawyer could at
least make a case that I had done so.

I therefore consider all vehicles, stories, and other original work of
mine (or anyone elses) which appear here to be private in nature.  By
that definition, we may continue to write 'original traveller' material.
If the TML is indeed a public medium, I don't know if we can do that and
post it here.  True, it is doubtful that any of us would actually be the
subject of a lawsuit, as no money ever changes hands, but it may be
illegal in principle.  (I think...  I really don't know...)

Nick?  *********** H E L P !!!! ************  :-)

2G Scott

Scott, the thing to remember is that Chadwick was essentially blowing smoke
with his "intellectual property" crap.  If he even thinks about going after
someone who pops off a story or two, the lawyers would laugh in his face!
Ok, actually they would go along with it cuz it will mean money in their
pockets.  But the judge won't even listen to it.

Hey, every RPG publisher encourages the writing of modules for their games.
What they do object to is the _selling_ of the modules.  When you start taking
money out of their pocket, that's when they get pissed (and rightly so for the
most part.)  Any story or ship design or world design or computer program
published in the TML gets no monetary reimbursement.  The stuff is original.
GDW isn't losing a dime!  However, if you were to start transcribing a
previously published module or story, that's another matter entirely.  From
my understanding of copyright law, GDW would need to show some sort of
damage inflicted upon them.  There is no damage (other than what they do
to themselves.)  I think we are all safe in the way the TML has been
operating in the past.

It is good to bring this up periodically, though.

Keep on writing!

 *-=Carl=-*  INTERNET - [email removed]       | Be wary of strong drink.     |
             DELPHI - WULFGAR  GEnie - C.FAGO1| It can make you shoot at tax |
 Carl Fago   State College, PA                | collectors -- and miss!      |

>I have always been of the opinion that The 4.5th Frontier War was
>unpublishable, as it draws background, inspiration, situations, and even
>characters lock stock and barrel from other stories.  If posting it here
>on the TML constitutes publishing it in a public medium, I may indeed
>have broken some law.  Or if I haven't, I'll betcha a lawyer could at
>least make a case that I had done so.

If drawing inspiration, situations, background, etc. from a variety of
situations made something unpublishable, then I wonder how many books
are "unpublishable." Particularly in some genres of writing, there can
be substantial borrowing (you just can't make things too similar...)...

Whether the TML is public or private in a legal sense is a very good
question. As a limited subscriber list (albeit one that anyone can
join), I would as a personal guess say that it is private, at least in
comparison to other "media."

>I therefore consider all vehicles, stories, and other original work of
>mine (or anyone elses) which appear here to be private in nature.  By
>that definition, we may continue to write 'original traveller' material.
>If the TML is indeed a public medium, I don't know if we can do that and
>post it here.  True, it is doubtful that any of us would actually be the
>subject of a lawsuit, as no money ever changes hands, but it may be
>illegal in principle.  (I think...  I really don't know...)
>
>Nick?  *********** H E L P !!!! ************  :-)

Hey, don't look at me, I'm still only a law student! :->

Seriously, you are asking at what point the line is crossed between
copyrightable material and copyright infringement, and while I don't
have the answer, I would be interested in knowing that as well.

Personally, I'd continue on with current practice. If GDW sat on their
"rights" then they have no cause to complain, and if they try to enforce
their "rights" they're probably wasting money. At least you could always
use the "pure heart, empty head" defense. :->

- ---

"I have never sought to inspire confidence in others. I have quite enough
 of my own."                       -- Sherlock Holmes

Nicholas Sylvain
Marshall-Wythe School of Law
College of William & Mary