RE: (TFT) Copyright discussion-Lawrence Lessig

["Brad Thompson" <bthomps@petrodatasource.com>]

> rsmith
>
> 	Howard Thompson owns TFT and if you want to use it
> he should be paid.

When you say this you should be clear what HT owns.  He owns the manuscript,
artwork, setting, and printed renditions of all of the above.  That means
Cidri, Prootwaddles, and perhaps illusions that summon Myrmidons (but not
illusions that summon Gladiators or Thugs) to fight for you.  He owns Death
Test, Grail Quest, and Treasure of the Silver Dragon.

He also owns the Trademark rights to Melee, Wizard, The Fantasy Trip,
Metagaming, and undoubtedly a half-dozen more.  Unlike copyrights however,
Trademarks both be used and be defended to remain in force.  That is because
the are marketing tools, not methods of protecting intellectual property.
If they are not defended they fall into the public domain.

He does NOT own the basic mechanics of TFT, nor the basic plot of those
adventures because copyright does not cover ideas.  Unless he has a patent
out on the game mechanics they are free for anyone to use.  He may have
thought up the concepts, and he may have worked hard to refine the details,
but they were never his to keep or give away.

Here are a few things that HT does NOT own:

* use three stats to define your character; Strength, Dexterity, and
Intelligence
* use a point-buy system to generate your stats, with 24 points to start
with
* Strength governs which weapons you can wield and how much damage you can
take
* Dexterity governs which weapons you can wield and how easily you can hit
and be hit
* Intelligence governs which spells you can learn and how many skills or
spells you can learn

etc...

Is it wrong to steal the things he owns?  Absolutely.  The members of this
list have scrupulously avoided scanning or digitizing the TFT rules and
distributing them over the net because it is illegal and wrong to do so.
For that they should be commended - it is increasingly rare in the Napster
Age.  I myself have spent around $40 on eBay for a game that has been out of
print for nearly 20 years, and feel better about having done so.

Is it stealing to use the things he does not own?  No.  Those who call it
"morally" or "ethically" wrong have a different value system than those
described by international copyright law.  It is interesting to note that
the framers of our constitution didn't really like the idea of copyright
law - it infringes on free speech.  But they saw it as a necessary evil to
stimulate the free exchange of ideas.  I find great value in that
philosophy.  Respect the creator.  Protect the expression.  Use the ideas.

-Brad
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