White Wolf Applying License to Indie Games 86
Enigma23 writes "White Wolf, Inc. has decided to enforce a licensing system upon those who run their games in their World of Darkness. Here is the full text of the license. The Licensing process will force those who have not already joined the Camarilla, White Wolf's official fan club, to pay a yearly $20 fee. They're not going to go after games that don't charge money for the event, but the wording is such that they can legally sue those who don't comply even if they only charge enough money to cover costs. The practical upshot is that technically the WW Stormtroopers could raid your house merely if everyone chips in a few quid for pizza. This is evidently doubly so if anyone in your gaming group is under the age of 18, which is against the membership policy of The Camarilla. There is a further discussion on RPG.net about the various issues involved." The BoingBoing discussion is interesting, as well.
Here's what you do... (Score:2)
That's unenforcable... (Score:2)
Re:That's unenforcable... (Score:1, Redundant)
No. There's no actual reason to have EULAs. They're totally useless in that they offer no real advantage to developers, over
Re:That's unenforcable... (Score:1)
Re:That's unenforcable... (Score:2)
Look: You cannot own a creative work. No one can. You can, OTOH, own a copy (i.e. a tangible object in which that work is present, such as a book) or a copyright, which is a right pertaining to the work, but is distinct from the work itself.
When you buy a book, you own the book. No one owns the story. Due to your lawful possession of the book, you can read the story. It isn't necessary to
Re:That's unenforcable... (Score:2)
IANAL either, but I have actually read USC17, and you couldn't possibly be more wrong.
Copyright law concerns itself with one, and only one, thing: making copies. There is absolutely no such thing in US copyright law as a "user license".
You are correct in that a pe
Re:That's unenforcable... (Score:2)
Copyright law concerns itself with one, and only one, thing: making copies.
Really? So did I just imagine 17 USC 106(2)-(6), 602, 905, 1101, 1201, 1202, and 1308?
That's refreshing to know.
Or maybe you should read Title 17 again, for real this time.
Patents? (Score:1)
Copyright law concerns itself with one, and only one, thing: making copies. There is absolutely no such thing in US copyright law as a "user license".
Tell that to anybody who has had a run-in with ASSCR^W ASCAP. You do seem to allude to this though.
but I think WW is going to have a very hard time making [a public performance] argument against any LARP group that isn't specifically using scripts/modules produced by WW.
True, a gameplay system itself isn't copyrightable, but does WW own patents?
LARP not the only area covered (Score:1)
Q. Which games fall under this license?
A. All White Wolf roleplaying games (traditional tabletop or live-action) regardless of setting. This includes all World of Darkness games, Exalted, Trinity, Scarred Lands and most anything else published by White Wolf, Arthaus Publishing or Sword & Sorcery Studios.
Re:LARP not the only area covered (Score:2)
Re:That's unenforcable... (Score:1)
Computer software is a little vague in that in order to use a copy you typically have to make another copy on your h
This seems pretty silly (Score:4, Insightful)
In the copyright realm, it's also pretty lousy. You can't copyright game rules (you need a patent for that), so all they can stand on is the setting. Merely playing the game doesn't involve reproduction, distribution, preparing derivative works, or actionable public display. You could argue public performance based on the setting, but I think it'd be insulated by fair use, if not estoppel.
Personally, I'd ignore the hell out of them. Of course, the d20 license is stupid too -- if you're careful, it's perfectly legal to make unauthorized modules and such for the commercial market.
Re:This seems pretty silly (Score:2)
Yes, but it's harder. And you don't get the ability to copy at-will from certain of their rulebooks, and you don't get the feel-good sensation of contriuting to copyleft.
And, to be pendatic, you're confusing the d20 System Trademark license with the OGL. The latter is the copyleft-inspired free-to-all one; the former is the one that lets you use the "d20 Sy
Re:This seems pretty silly (Score:3, Informative)
It's not significantly harder.
And you don't get the ability to copy at-will from certain of their rulebooks
But you can copy their rules, and given the merger doctrine, you can probably closely approach their expression, at a minimum.
you don't get the feel-good sensation of contriuting to copyleft.
Sure you can -- you can still just GPL the text, or whatever.
And, to be pendatic, you're confusing the d20 System Trademark license with the OGL. The latter is the copyleft-inspired
Re:This seems pretty silly (Score:1)
GPL'ing a roleplaying game text has about as much utility as GPLing a contribution to the Mach kernel. Sure, you get to look down your nose at impure licenses, but you'll never see your work used anywhere else.
They're both pretty useless, IMO.
I didn't point out the other big, huge reason why the OGL makes sense. It's a "get out of court free" card. If hasbro wanted to, they could smack around a little guy in 1999 who tried to follow the l
Re:This seems pretty silly (Score:2)
Meh. Pen and pencil games aren't a huge profit sector. If you want to make money, there are better ways to do it. And I still wouldn't worry too much about attempted retribution, especially given 17 USC 505.
But the more small uncopyrightable things you add together, the more copyrightable your creation becomes.
Oh? Going for a compilation? I wouldn't be very confident about that. The gaming industry just isn't that creative. At the high level, where we are with compi
Re:This seems pretty silly (Score:1, Troll)
Yes, exactly. All the more reason not to even chance it.
Those are unrelated to what we're talking about, though.
IIRC, a federal judge found not too long ago that a five-note chord that was unconciously inseted into a song was copyrightable infringement. It's exactly what we're talking about--the courtroom is not a certain place, and being able to stay far away from it is a worthwhile thing, the benefits of the OGL notwithstanding.
The objective m
Re:This seems pretty silly (Score:2)
I didn't say that they don't have to lack distinctions. I said that compilations of rules in rpgs are without originality, generally. It's like phone books: the arrangement of names in alphabetical order by surname isn't original, and thus is unprotectable. A very creatively designed rpg might be able to avoid this, but I doubt it.
Plus, there's still the point that copyright cannot apply to a system, method, process, etc. The method o
Re:This seems pretty silly (Score:2)
There's no cleverness requirement for copyrightability, AFAIK. There's a fair torrent of original ideas in RPGs these days--and, if the systems were ever copyrightable, then the long length of copyright and the lack of a duty to police mean that they're still enforceable.
D&D, Storyteller, and GURPS may a
Re:This seems pretty silly (Score:2)
There is a constitutional originality requirement, which requires that copyrighted material possesses a modicum of creativity and that it originates with the author.
Compilations of uncopyrightable material can only be copyrighted themselves where they meet the requirements for a copyrightable work. This means that the selection and arrangement of rules must be at least slightly creative and that it must have stemmed from the author.
This is di
Re:This seems pretty silly (Score:2)
No, they can't. But they can have a copyright on a specific elf. Or a specific kind of elf. Or a specific, original, and named elven characteristic.
And, again, "writing it all over again" is the sort of work that just wastes time, when all you want is "D&D but with superheroes." (Not to mention the rather common sentiment that the OGL is a "good thing".)
That said...
Second,
Re:This seems pretty silly (Score:2)
A character, yes. A kind of elf, that's dubious (see e.g. the Hobbit / Halfling thing). A mere characteristic, that's unlikely. Again, you're ignoring the idea/expression dichotomy.
Subconscious copying (Score:2)
IIRC, a federal judge found not too long ago that a five-note chord that was unconciously inseted into a song was copyrightable infringement.
Get the full story here [slashdot.org].
Re:This seems pretty silly (Score:2)
Kangarooski?
I dunno if anyone has ever said this - but thanks. Being a lawyer, admitting here in the unwashed masses and giving some real legal insight is darn helpfull. So, thank you for being you.
Sera
And people wonder why I don't play Storyteller... (Score:2)
Been thinking of starting a campaign at the Friendly Local Gaming Store. Looks like D&D 3.5 it is, then.
Re:And people wonder why I don't play Storyteller. (Score:3, Insightful)
Re:And people wonder why I don't play Storyteller. (Score:2)
Y'know, I should have figured GURPS would be your game of choice.
Re:And people wonder why I don't play Storyteller. (Score:2)
No, REAL men play Hackmaster. Or AD&D. And LIKE it.
Re:And people wonder why I don't play Storyteller. (Score:2)
I thought real men played RIFTS (and REEL men played Noir)
Re:And people wonder why I don't play Storyteller. (Score:1)
Re:And people wonder why I don't play Storyteller. (Score:1)
Re:And people wonder why I don't play Storyteller. (Score:2)
Re:And people wonder why I don't play Storyteller. (Score:1)
I mean, the greasy paper bags and paper wrappers filled up the floor. Then, they filled up the seat. They crested over the line of the passenger seat window like meniscus. It was obvious that he had not had a passenger in his car for quite some
Re:And people wonder why I don't play Storyteller. (Score:1)
D&D? But... but... TSR is an eeeeeeevil company! And WotC is a very nice and eeevil company! ... ... ...where is the world coming to, if such traditions cannot be even trusted anymore, our formerly greatest enemies (WotC) paling in comparison to our trusted friends (SJG and WW)...
"These are the final days, the signs are clear..."
My parents' generation never believed Soviet Union would fall; My generation never believed Sega would make games for Nintendo. Or that White Wolf would Do Evil. =)
Re:And people wonder why I don't play Storyteller. (Score:2)
Your generation never played V:TM 3rd Edition, huh?
Re:And people wonder why I don't play Storyteller. (Score:1)
Oh, they make rules nowadays? I thought they just licensed their stuff so that SJG would publish GURPS worldbooks =)
Is this like some kind of stupid plague? (Score:3, Funny)
Great Strategy? (Score:1)
First Sale Doctrine (Score:5, Informative)
Re:First Sale Doctrine (Score:3, Interesting)
The Court said that copyright holders can't impose arbitrary restrictions on distribution (in the case it was a requirement that used copies be sold for a high minimum price) by virtue of their copyright.
However, the Court did leave open the possibility that there could be a contract to that effect, and numerous courts have later found that EULAs and other licenses are perfectly enforceable.
I said it before and I'll say it again (Score:5, Insightful)
"Q. All I charge my players is a share of the fee the facility where we play charges us. Do I still need this license?
"A. Yes. Even though you aren't making a profit, you are still collecting and disbursing money -- money earned through the use of White Wolf games and settings."
I said it before and I'll say it again: We need to seriously fix the problems caused by the notions of "Intellectual Property" soon or it will destroy our society faster than we think. Sure something like this is unenforceable and would be laughed out of court, but not until after having financially destroyed some poor gamers.
And sooner or later some idiot judge (it seems like there are no other kinds these days) is going to side against common sense and start giving corporations the power to actually force their customers to do things like this.
I know some people out there are going to somehow take this as a pro-piracy rant, or switch into "IP makes the world go round" mode, but this kind of crap has gone way, way too far for far too long. Intellectual Property laws have to be seriously reworked. If we keep going the way we've been going for the past few decades. We're going to self destruct as not only a nation, but as a society.
Re:I said it before and I'll say it again (Score:1)
Occaisonally, we play WW games. Not every week.
Do I need a licence? How often Do I need a Licence?What If i apply for a licence and then don;t play? What if we we'ren't going to play WW, but then do? Can I retroactively apply for a licecnce?
Alternatively, can I ignore this ruling altogether?
Re:I said it before and I'll say it again (Score:2)
YOU want to create things and give them away for free, do it be happy and enjoy your choice. Just don't bitch because the rest of us want to feed our kids without having to be a factory worker or someone's peon. We work to create our IP and just because it's easier for you to steal it than it is to steal a physical object d
Re:I said it before and I'll say it again (Score:2)
I want to see WW enforcers come in with flamethrowers torching character sheets and kicking us out of the rooms. It would be the highlight of GenCon.
Article Blurb Wrong (Score:1)
Hmm.... (Score:1)
Sueing anyone who even mentions your games name in a sentence? Check!
Sooo.... how long before Hasbro/Wizards of the Coast buys the miserable company and puts them out of our misery. Do they have to go bankrupt first? [wikipedia.org]
Did Lorraine Williams, aka "the bitch," take them over? [bbc.co.uk]
If anyone is looking for an alternative, the founders of Gothic Horror Rolplaying are still kicking! Chaosium, Inc. [chaosium.com]
Cross posting: (Score:5, Informative)
There are only four things that White Wolf can hang this license: Patent, Copyright, Contract Law and Trademarks.
Note... I'm not a lawyer, but I make a living off of software which means I have to deal with all of these issues all the time. That said, this isn't legal advice (if you plan on taking a legal action may I suggest you talk to your lawyer instead of using random Internet posts as your basis).
Patent: If White Wolf had a patent on the rule system they have total control over the use of the same. A quick search of the patent databases show that they own nothing of the sort, so we can discount this as a "patent license".
Copyright: Copyright covers a very limited (but powerful) set of controls. The long and short of it is that a copyright protects *replication* of a work. If a group were to recite the rulebook and fictional pieces therein, White Wolf would be within their rights to stop this from happening. However, as people in the board game industry painfully know, people *playing* your rules do not trigger copyright. (A similar thing happens in software: technically running software requires copying it into RAM... because this is required as a "fundamental step" to using the copyrighted materials this replication is permitted by law). Only patent can control game *rules* as ideas.
TSR attempted this type of control, claiming that being compatible with or working with a given rule set made something a derived work back in the bad old days. They failed miserably, except at intimidation (you can't *afford* to fight this). To exert this kind of control would be akin to writing a text book on a subject and then saying "using this knowledge is forbidden unless licensed" (assuming the knowledge was not covered by a patent, which is independent). Copyright does not give this sort of control.
In particular, the information at http://en.wikipedia.org/wiki/Bobbs-Merrill_Co._v._ Straus [wikipedia.org] is interesting because it shows that copyright law does *not* allow any restrictions (beyond replication) after the "first sale" of a work. The software industry has been angry for years about reselling "used" console games and rentals of the same (it cuts into profits *big-time*), but every lawsuit brought on the matter has fallen on the side of "no further restrictions beyond the first sale". The companies have tried the "you don't own this, you just license it" thing in the past will no effect... because of the doctrine of first sale. (Note, this limitation doesn't apply to big corporations who buy software in bulk: they actually sign a contract.)
Contract: That brings us to contract law. When you bought the book, you didn't sign anything, so any claims based on contract law are nonsense. Even printing a contract in the book won't work... only if you *negotiated* a contract *as equals* (i.e., you have the ability to reject terms and negotiate) and then signed the contract would the contract be binding. "Click wrap" licenses in software are on some pretty shoddy legal basis themselves and have been successfully avoided in quite a few lawsuits and this "retrofitting" of a contract onto a book is absurd to contemplate in terms of contract law.
Trademark: So that leaves us with trademark law. This seems to be what prompted the whole nonsense. Note the comment about "rights in terms of trademark and so forth"... trademark is the *only* framework that requires protection of rights to be proactive, so you can just delete "and so forth". (People who use the term "Intellectual Property" are talking about patent, copyright and trademark... there is nothing actually called "Intellectual Property" in law). However, if this is a trademark license then the whole issue can be safely bypassed by not *using* the trademarks in question. You can run a "Modern era live RPG featuring vampires"... even with White Wolf systems as the core
Re:Cross posting: (Score:2)
Re:Cross posting: (Score:2)
Re:Cross posting: (Score:2, Insightful)
Re:Cross posting: (Score:2)
Re:Cross posting: (Score:2)
But the purpose of trademark is to ensure that no unscrupulous person makes money off your company's good name. (This is why your trademark application includes a specific description of the goods and
Re:Cross posting: (Score:2)
Re:Cross posting: (Score:2)
How does the fact that they've adopted terms from folklore affect this? An obvious example would be the use of the word "Nosferatu", which most certainly pre-dates WhiteWolf in the entertainment industry.
Re:Cross posting: (Score:3)
It covers more than that. See, e.g. 17 USC 106. If anything, they're looking at public performance, not reproduction.
(A similar thing happens in software: technically running software requires copying it into RAM... because this is required as a "fundamental step" to using the copyrighted materials this replication is permitted by law).
You shouldn't rely so much on 17 USC 117. It only applies when you own a copy of the softw
Re:Cross posting: (Score:3)
"Again, you don't grasp the situation. Clickwraps are generally upheld, adhesive contracts are virtually always upheld, equal bargaining positions as a necessity for formation is absurd on its face, and agreement doesn't require a signature. You need to get yourself educated."
My lawyer laughed... and she doesn't find much amusing. Only the seventh and eighth circuits subscribe to your views and not even ful
Re:Cross posting: (Score:2)
There has also been agreement in NY and CA districts, and possibly more, though I'd want to hit the books. Additionally, that's under the regular UCC Art. 2. I'm not talking about 2B (and only 4 states have anti-UCITA legislation, so they're not a big factor anyway), though that does bring up enforceability in VA and MD, and then we might start seeing some choice of law clauses.
you see "adhesive contracts" and lac
Re:Cross posting: (Score:3, Interesting)
In regard to EULAs (as someone who has one on the install screens of his own software) I wouldn't want to base my business on the enforcement of one. There have been cases of enforcement, but more because (at least in the cases I have seen) the EULA wasn't the critical aspect of enforcement of rights: copyright law as a whole was the key. In
Re:Cross posting: (Score:2)
I don't see the purpose of them at all. Copyright law is more than generous to software developers, but still has enough in it that users can get by. If you're doing custom development, you need real contracts anyway, and the software hardly needs more.
I do still see the fact that used and rental software are available as a red flag that EULAs are not the s
Re:Cross posting: (Score:3, Interesting)
They can wrap future books in packaging that requir
Re:Cross posting: (Score:2)
Defiance (Score:1, Funny)
1) booze
2) bribes to local law
3) a pack of glow-in-the-dark condoms with the WW logo on them
4) an underage goth of the appropriate sex to pleasure you or take your place in a game that you didn't want to play anyway.(They won't be paid, they're doing it for the angst)
Easy Solution: (Score:3, Funny)
"We don't need to pay you royalty fees."
WHITE WOLF STORMTROOPER: "We don't need to collect their royalty fees."
"These aren't the sourcebooks you're looking for."
WHITE WOLF STORMTROOPER: "These aren't the sourcebooks we're looking for."
"We can go about our roleplaying."
WHITE WOLF STORMTROOPER: "You can go about your roleplaying."
"Move along."
WHITE WOLF STORMTROOPER: "Move along. Move along."
RPGer: "I thought we were dead."
"The Kindred hold many powers over assholes and the weak-minded."
No-one told me ... (Score:2, Interesting)
If I buy a rulebook without this licence in it, and they come after me for fees, where do I stand?
Can a company distribute a product with no restrictions noted in it, and then come after me for not abiding by a licence I never agreed to, never saw and was not even aware of?
Re:No-one told me ... (Score:1)
Ironic given the subject matter... (Score:2)
I am surprised... (Score:1)
Re:I am surprised... (Score:1)
It's the death-knell for monthly non-camarilla games that need to rent a space to have room to play.
Though what defines a con is up for discussion.
Re:I am surprised... (Score:2)
So convention based TT games are exempt.
Convention based TT charity games (which usually charge $2-$5+ extra for the charity) are not exempt.
Most convention LARPs, which charge a fee for their game on top of the convention entry fee, are not exempt.
Re:I am surprised... (Score:1)
Re:I am surprised... (Score:2)
It usually isn't a large fee, but I have seen convention games, usually for charity, which were targetted towards 'high-end' or experienced players, where $5 got you into the game, and each additional dollar got you 10 additional XP on your character.
I've seen people drop $50 on one of these games to play the uber-godlike vampire with all the cool powers.
Of cour
Personal thoughts (Score:1)
Alienate the fanbase (Score:2)
LARP has become a huge hit with the WW crowd, and part of the reason is because it is dirt cheap.
WW recently fucked up by introducing the new Vampire setting which the vast majority of players HATE, and now this? I wouldn't be surprised if some of the big LARP groups like One World by Night (OWBN) drop WW like a ba
Update to policy (Score:1)
http://forums.white-wolf.com/viewtopic.php?t=19702 &highlight=&sid=0a53b7694d3e1fadb446865c5f388f84/ [white-wolf.com]
"I understand that Storytellers regularly incur expenses during games (tabletop, LARP or what have you), and I understand the desire to recoup some of these expenses. I also realize that most of the people who have been charging for play in their games are doing so simply for that reason. We also have no intention of stopping a Storyteller fro
No legal basis (Score:2)
Here's a big finger for White Wolf and their bullshit posturing. There is no legal basis for the enforcement on these "rules", not to mention that they've phrased it as a request.
The only relevant law in this case is Copyright. By using their legal monopolgy, a Copyright owner can force you to agree to the terms of a license in order to use their products (or simply not sell you the product), BUT:
1. That only applies when the license is agreed up-front, as part of the contract of sale;
2. That does no
Ha! (Score:2)
I love the fact that this was posted by White Wolf's Director of Marketing. I'm sure he was trying to figure out how to get more people to sign up for fan club membership, and, oh hey, there you go -- tell people that they have to. That will work great.
It's also great that they try to tell you that they're doing this in order to "maintain" a "consistent quality of product." Oh right. And yet, "Camarilla membership does not mean Camarilla oversight or management." But, you know, as long as White
Re:Ha! (Score:1)
Considering the attitudes and behavior of Camarilla in the games (computer, books, etc) it it at all a surprise?