Re: TML Public or Private

By Nicholas Sylvain ·

TML message #4678From bundle 391Read the whole thread (4 messages)All messages with this subject

In reply to #4674 Re: TML Public or Private by Carl Fago
>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