• TSR is back... unfortunately

    From Spalls Hurgenson@21:1/5 to All on Wed Sep 14 20:51:54 2022
    So, TSR Inc is back, and Wizards of the Coast is suing them.*

    You know, when I first saw that headline, I was ready to get upset;
    here (I thought to myself) was another example of a big corporation
    stomping on a littler one, in an industry where the little ones are
    usually the source of the most imaginative material. I was ready to be outraged; how dare WotC?

    Because - not having read the article yet - I just assumed that this
    new TSR had some ties to the old one; it just stood to reason that it
    was made up of members of the old crew: might there be a Blume,
    Arneson, Gygax, or Greenwood involved? Surely it was some of the old
    guard who were trying to revive some of the old spirit that created
    such revered licenses as Ravenloft or Greyhawk, bringing back a bit of
    the magic and innovation that seems so lacking from official Wizards
    of the Coast products.

    Yeah, it turned out it wasn't any of that. It turns out the current
    owner snagged the name because Wizards of the Coast was a bit careless
    in maintaining their trademarks, and the new owner was a bit of a
    racist prick. It turns out that - in the end - I'm actually rooting
    for the big corporation to stomp down hard on the little one. Who'd
    have expected that?

    But I guess that's why its important to read the whole story before
    making assumptions. Still, it's amazing how evocative the TSR license
    remains (at least to old timers like myself); for all the numerous
    flaws and problems of the company and its products, it did feel a lot
    more magical than ever did Wizards, who always seemed to put the
    business before the fun (well, IMHO. Feel free to disagree). I'm
    actually surprised WotC never capitalized on the nostalgic value of
    that trademark... and even less that they let some schnook steal it
    out from under them.

    Whether Wizards will succeed in their suit is up in the air; it
    probably doesn't help that they have admitted fault in keeping up with
    the paperwork regarding their ownership of the TSR (and Star
    Frontiers) names. But I wish them luck regardless... or at the very
    least, hope LaNasa (the current owner of the mark) is forced to sell
    it to better custodians. Maybe some of the TSR old guard I mentioned
    above. Now wouldn't that be a natural 20 for gamers everywhere?



    ======================
    * article https://www.polygon.com/tabletop-games/23349686/dnd-wizards-of-the-coast-vs-nutsr-tsr-justin-lanasa-racist-transphobic-star-frontiers

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  • From Jibini Kula Tumbili Kujisalimisha@21:1/5 to Spalls Hurgenson on Thu Sep 15 09:12:46 2022
    Spalls Hurgenson <spallshurgenson@gmail.com> wrote in news:ups4ihl9a0qvf9pa0721q3hnt7cpl8sb31@4ax.com:


    So, TSR Inc is back, and Wizards of the Coast is suing them.*

    You know, when I first saw that headline, I was ready to get
    upset; here (I thought to myself) was another example of a big
    corporation stomping on a littler one, in an industry where the
    little ones are usually the source of the most imaginative
    material. I was ready to be outraged; how dare WotC?

    Because - not having read the article yet - I just assumed that
    this new TSR had some ties to the old one; it just stood to
    reason that it was made up of members of the old crew: might
    there be a Blume, Arneson, Gygax, or Greenwood involved? Surely
    it was some of the old guard who were trying to revive some of
    the old spirit that created such revered licenses as Ravenloft
    or Greyhawk, bringing back a bit of the magic and innovation
    that seems so lacking from official Wizards of the Coast
    products.

    Actually, one of the founders is, in fact, Ernie Gygax, Gary's son.

    Not that it matters. With Hasbro let the trademark lapse, or they
    didn't. What you and I think on that is irrelevant. Only the jury's
    opinion matters.

    --
    Terry Austin

    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Jesus forgives sinners, not criminals.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Spalls Hurgenson@21:1/5 to taustinca@gmail.com on Thu Sep 15 16:08:56 2022
    On Thu, 15 Sep 2022 09:12:46 -0700, Jibini Kula Tumbili Kujisalimisha <taustinca@gmail.com> wrote:

    Not that it matters. With Hasbro let the trademark lapse, or they
    didn't. What you and I think on that is irrelevant. Only the jury's
    opinion matters.

    As I said, Wizards will have a hard time making their case given they essentially abandoned the mark. It isn't completely hopeless, since
    they were still /using/ the IP, which does give them some leverage.

    (It's not quite the same, but can be thought of a conflict between a
    website's previous owner, and someone who swooped in and grabbed the
    domain because the first guy was late with his payments to the
    registrar. The courts can and have ruled either way in such cases.)

    Still, whichever way it goes in the court of law, I don't think the
    discussion on the topic is irrelevant. At the very least it lets
    people know that this new "TSR Games" not only has nothing to do with
    "Wizards of the Coast", but that they probably don't want to do
    business with someone as racist and homobphobic as LaNasa is reputed
    to be.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jibini Kula Tumbili Kujisalimisha@21:1/5 to Spalls Hurgenson on Thu Sep 15 14:49:37 2022
    Spalls Hurgenson <spallshurgenson@gmail.com> wrote in news:2u07ih97si249v20fpipn3r14sq9ljc3fa@4ax.com:

    On Thu, 15 Sep 2022 09:12:46 -0700, Jibini Kula Tumbili
    Kujisalimisha <taustinca@gmail.com> wrote:

    Not that it matters. With Hasbro let the trademark lapse, or
    they didn't. What you and I think on that is irrelevant. Only
    the jury's opinion matters.

    As I said, Wizards will have a hard time making their case given
    they essentially abandoned the mark. It isn't completely
    hopeless, since they were still /using/ the IP, which does give
    them some leverage.

    They're on firm ground on copyright enforcement. But that only
    covers copying text (or art) directly. Game systems aren't
    protected (and, other than a really ridiculous M:tG thing, aren't
    generally patentned).

    So, by the ltter of the law, a version of Star Frontiers that is
    *exactly* the same game, but rewritten in different words, should
    be fine.

    The trademark claim would be far more easily enforced - if they
    hadn't screwed it up. But trademarks have to be defended, and have
    to be used, and so on. They screwed it up. From what we, the
    general public, can see so far, the don't have much of a case.

    (It's not quite the same, but can be thought of a conflict
    between a website's previous owner, and someone who swooped in
    and grabbed the domain because the first guy was late with his
    payments to the registrar. The courts can and have ruled either
    way in such cases.)

    Domain names are their own flavor of hell, with rules all their
    own.

    Still, whichever way it goes in the court of law, I don't think
    the discussion on the topic is irrelevant. At the very least it
    lets people know that this new "TSR Games" not only has nothing
    to do with "Wizards of the Coast", but that they probably don't
    want to do business with someone as racist and homobphobic as
    LaNasa is reputed to be.

    Because, of course, to a lefty, accusations, especially of racism
    and homophobis, are automatically 100% accurate at all times,
    because it is literally impossible for a lefty to be wrong in any
    way. Just ask a lefty.

    --
    Terry Austin

    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Jesus forgives sinners, not criminals.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Spalls Hurgenson@21:1/5 to taustinca@gmail.com on Thu Sep 15 20:05:22 2022
    On Thu, 15 Sep 2022 14:49:37 -0700, Jibini Kula Tumbili Kujisalimisha <taustinca@gmail.com> wrote:

    The trademark claim would be far more easily enforced - if they
    hadn't screwed it up. But trademarks have to be defended, and have
    to be used, and so on. They screwed it up. From what we, the
    general public, can see so far, the don't have much of a case.

    Actually, Wizards /does/ potentially have a case. There's such a thing
    as "common law right" to the trademark* if the previous owner is still
    using it. In a sense, that use /is/ a continued defense of that
    trademark, even if it hasn't the legal paperwork. It's a harder road
    to travel, but this is the argument that WotC is making. Cases have
    gone either way.

    (The TSR mark might be the harder to protect, since I don't know how
    much use that gets, but AFAIK there are digital versions of the
    original Star Frontiers game that are still being sold, and if that's
    the case, those are definitely done with license from Wizards).

    Still, whichever way it goes in the court of law, I don't think
    the discussion on the topic is irrelevant. At the very least it
    lets people know that this new "TSR Games" not only has nothing
    to do with "Wizards of the Coast", but that they probably don't
    want to do business with someone as racist and homobphobic as
    LaNasa is reputed to be.

    Because, of course, to a lefty, accusations, especially of racism
    and homophobis, are automatically 100% accurate at all times,
    because it is literally impossible for a lefty to be wrong in any
    way. Just ask a lefty.

    Alright, you got me. It was a pretty good troll too; I was fooled
    until the last bit. I give it 4.8 out of 5 bridges on the trollometer.



    But for those actually interested in the topic, here's a quote from
    the leaked copy of Star Frontiers New Genesis (please note: this is
    THEIR words, not mine):

    "* Negro (Sub-race Ulfar) (Humanoid class) - Tall, thick bodied, dark
    skinned even purle dark, brown-eye race with large strength average intelligence, All attributes in the 10+ range except intelligence
    which is maximum a +9
    * Nordic (Ulfar) (Humanoid Class) tall blonde, blue-eyed race with
    exceptional attributes and powers All attributes in the 13+ range"

    Note this was from the legal filing submitted by Wizards of the Coast,
    so its fairly unlikely to be something they just made up. They also
    point out to various transphobic and homophobic comments in the
    manuscript that are attributed to LaNasa. So it's not just unfounded accusations.




    ================
    * https://www.upcounsel.com/common-law-trademark

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Ninapenda Jibini@21:1/5 to Spalls Hurgenson on Fri Sep 16 02:37:43 2022
    Spalls Hurgenson <spallshurgenson@gmail.com> wrote in news:r6e7ihto76ncsk6vk87ksai8et98g7r1mt@4ax.com:

    On Thu, 15 Sep 2022 14:49:37 -0700, Jibini Kula Tumbili
    Kujisalimisha <taustinca@gmail.com> wrote:

    The trademark claim would be far more easily enforced - if they
    hadn't screwed it up. But trademarks have to be defended, and
    have to be used, and so on. They screwed it up. From what we,
    the general public, can see so far, the don't have much of a
    case.

    Actually, Wizards /does/ potentially have a case. There's such a
    thing as "common law right" to the trademark* if the previous
    owner is still using it. In a sense, that use /is/ a continued
    defense of that trademark, even if it hasn't the legal
    paperwork. It's a harder road to travel, but this is the
    argument that WotC is making. Cases have gone either way.

    Except they haven't really been using it. The other company has
    been around for some time, or maybe it was a *different* new "TSR"
    that published Top Secret: New World Order, but they've failed to
    defend it.

    In any event, it's a decison for the jury to make, and our opinions
    don't matter. (Nor do either of us, or the general public, have
    anything like complete, or even vaguely reliable, information.)

    (The TSR mark might be the harder to protect, since I don't
    know how much use that gets, but AFAIK there are digital
    versions of the original Star Frontiers game that are still
    being sold, and if that's the case, those are definitely done
    with license from Wizards).

    Yeah, but they weren't offered until well after any trademarks on
    them had been diluted, probably to the point of not being
    defensible, by other people making copies available.

    Still, whichever way it goes in the court of law, I don't
    think the discussion on the topic is irrelevant. At the very
    least it lets people know that this new "TSR Games" not only
    has nothing to do with "Wizards of the Coast", but that they
    probably don't want to do business with someone as racist and
    homobphobic as LaNasa is reputed to be.

    Because, of course, to a lefty, accusations, especially of
    racism and homophobis, are automatically 100% accurate at all
    times, because it is literally impossible for a lefty to be
    wrong in any way. Just ask a lefty.

    Alright, you got me. It was a pretty good troll too; I was
    fooled until the last bit. I give it 4.8 out of 5 bridges on the
    trollometer.

    Sadly, a good deal of Wizards' target market believes every word of
    that. You know it's true.



    But for those actually interested in the topic, here's a quote
    from the leaked copy of Star Frontiers New Genesis (please note:
    this is THEIR words, not mine):

    "* Negro (Sub-race Ulfar) (Humanoid class) - Tall, thick bodied,
    dark skinned even purle dark, brown-eye race with large strength
    average intelligence, All attributes in the 10+ range except
    intelligence which is maximum a +9
    * Nordic (Ulfar) (Humanoid Class) tall blonde, blue-eyed race
    with exceptional attributes and powers All attributes in the 13+
    range"

    Context is everything, of course, but even if that's in context,
    it's not grounds for Wizards to sue them. Copyright and/or
    trademark violations are, but being racist assholes isn't.

    Note this was from the legal filing submitted by Wizards of the
    Coast, so its fairly unlikely to be something they just made up.

    It's also vanishingly unlikely to be presented in context.

    They also point out to various transphobic and homophobic
    comments in the manuscript that are attributed to LaNasa. So
    it's not just unfounded accusations.

    Also not grounds to sue them.

    --
    Terry Austin

    Proof that Alan Baker is a liar and a fool, and even stupider than
    Lynn:
    https://www.cbp.gov/newsroom/stats/sw-border-migration


    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Jesus forgives sinners, not criminals.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Justisaur@21:1/5 to Jibini Kula Tumbili Kujisalimisha on Sat Sep 17 05:45:31 2022
    On Thursday, September 15, 2022 at 9:12:49 AM UTC-7, Jibini Kula Tumbili Kujisalimisha wrote:
    Spalls Hurgenson <spallsh...@gmail.com> wrote in news:ups4ihl9a0qvf9pa0...@4ax.com:

    So, TSR Inc is back, and Wizards of the Coast is suing them.*

    You know, when I first saw that headline, I was ready to get
    upset; here (I thought to myself) was another example of a big
    corporation stomping on a littler one, in an industry where the
    little ones are usually the source of the most imaginative
    material. I was ready to be outraged; how dare WotC?

    Because - not having read the article yet - I just assumed that
    this new TSR had some ties to the old one; it just stood to
    reason that it was made up of members of the old crew: might
    there be a Blume, Arneson, Gygax, or Greenwood involved? Surely
    it was some of the old guard who were trying to revive some of
    the old spirit that created such revered licenses as Ravenloft
    or Greyhawk, bringing back a bit of the magic and innovation
    that seems so lacking from official Wizards of the Coast
    products.
    Actually, one of the founders is, in fact, Ernie Gygax, Gary's son.

    I haven't been following really close, but from what I gathered
    EG was involved in about name only at the beginning and has
    been in very poor health and may not be cognizant enough to
    know what's going on.

    Though IIRC there was a previous company that included TSR
    a part of their name as well that got C&Ds too.

    Not that it matters. With Hasbro let the trademark lapse, or they
    didn't. What you and I think on that is irrelevant. Only the jury's
    opinion matters.

    True that.

    --
    Terry Austin

    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Hi Terry, good to see our local Troll is still at work when no one
    else is even here. It's not a real newsgroup unless it has at
    least one. :)

    - Justisaur

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jibini Kula Tumbili Kujisalimisha@21:1/5 to Justisaur on Sun Sep 18 16:06:32 2022
    Justisaur <justisaur@gmail.com> wrote in news:0e5a50e3-0f3a-420e-ba7e-30c6b70959a9n@googlegroups.com:

    On Thursday, September 15, 2022 at 9:12:49 AM UTC-7, Jibini Kula
    Tumbili Kujisalimisha wrote:
    Spalls Hurgenson <spallsh...@gmail.com> wrote in
    news:ups4ihl9a0qvf9pa0...@4ax.com:

    So, TSR Inc is back, and Wizards of the Coast is suing them.*

    You know, when I first saw that headline, I was ready to get
    upset; here (I thought to myself) was another example of a
    big corporation stomping on a littler one, in an industry
    where the little ones are usually the source of the most
    imaginative material. I was ready to be outraged; how dare
    WotC?

    Because - not having read the article yet - I just assumed
    that this new TSR had some ties to the old one; it just stood
    to reason that it was made up of members of the old crew:
    might there be a Blume, Arneson, Gygax, or Greenwood
    involved? Surely it was some of the old guard who were trying
    to revive some of the old spirit that created such revered
    licenses as Ravenloft or Greyhawk, bringing back a bit of the
    magic and innovation that seems so lacking from official
    Wizards of the Coast products.
    Actually, one of the founders is, in fact, Ernie Gygax, Gary's
    son.

    I haven't been following really close, but from what I gathered
    EG was involved in about name only at the beginning and has
    been in very poor health and may not be cognizant enough to
    know what's going on.

    Though IIRC there was a previous company that included TSR
    a part of their name as well that got C&Ds too.

    Not that it matters. With Hasbro let the trademark lapse, or
    they didn't. What you and I think on that is irrelevant. Only
    the jury's opinion matters.

    True that.

    --
    Terry Austin

    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Hi Terry, good to see our local Troll is still at work when no
    one else is even here. It's not a real newsgroup unless it has
    at least one. :)

    Heh.

    --
    Terry Austin

    "Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

    Jesus forgives sinners, not criminals.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)