#licensing fair

[ladymiraclewings]

Super Wings (alongside Katuri and Dinoster) is actually at the Korea Character Licensing Fair at the funnyflux booth (from the 18th of July to the 21th)

Also a little corner celebrating the upcoming 10th anniversary of the show.

[mostlysignssomeportents]

Good riddance to the Open Gaming License

Last week, Gizmodo’s Linda Codega caught a fantastic scoop — a leaked report of Hasbro’s plan to revoke the decades-old Open Gaming License, which subsidiary Wizards Of the Coast promulgated as an allegedly open sandbox for people seeking to extend, remix or improve Dungeons and Dragons:

https://gizmodo.com/dnd-wizards-of-the-coast-ogl-1-1-open-gaming-license-1849950634

The report set off a shitstorm among D&D fans and the broader TTRPG community — not just because it was evidence of yet more enshittification of D&D by a faceless corporate monopolist, but because Hasbro was seemingly poised to take back the commons that RPG players and designers had built over decades, having taken WOTC and the OGL at their word.

Gamers were right to be worried. Giant companies love to rugpull their fans, tempting them into a commons with lofty promises of a system that we will all have a stake in, using the fans for unpaid creative labor, then enclosing the fans’ work and selling it back to them. It’s a tale as old as CDDB and Disgracenote:

https://en.wikipedia.org/wiki/CDDB#History

(Disclosure: I am a long-serving volunteer board-member for MetaBrainz, which maintains MusicBrainz, a free, open, community-managed and transparent alternative to Gracenote, explicitly designed to resist the kind of commons-stealing enclosure that led to the CDDB debacle.)

https://musicbrainz.org/

Free/open licenses were invented specifically to prevent this kind of fuckery. First there was the GPL and its successor software licenses, then Creative Commons and its own successors. One important factor in these licenses: they contain the word “irrevocable.” That means that if you build on licensed content, you don’t have to worry about having the license yanked out from under you later. It’s rugproof.

Now, the OGL does not contain the word “irrevocable.” Rather, the OGL is “perpetual.” To a layperson, these two terms may seem interchangeable, but this is one of those fine lawerly distinctions that trip up normies all the time. In lawyerspeak, a “perpetual” license is one whose revocation doesn’t come automatically after a certain time (unlike, say, a one-year car-lease, which automatically terminates at the end of the year). Unless a license is “irrevocable,” the licensor can terminate it whenever they want to.

This is exactly the kind of thing that trips up people who roll their own licenses, and people who trust those licenses. The OGL predates the Creative Commons licenses, but it neatly illustrates the problem with letting corporate lawyers — rather than public-interest nonprofits — unleash “open” licenses on an unsuspecting, legally unsophisticated audience.

The perpetual/irrevocable switcheroo is the least of the problems with the OGL. As Rob Bodine— an actual lawyer, as well as a dice lawyer — wrote back in 2019, the OGL is a grossly defective instrument that is significantly worse than useless.

https://gsllcblog.com/2019/08/26/part3ogl/

The issue lies with what the OGL actually licenses. Decades of copyright maximalism has convinced millions of people that anything you can imagine is “intellectual property,” and that this is indistinguishable from real property, which means that no one can use it without your permission.

The copyrightpilling of the world sets people up for all kinds of scams, because copyright just doesn’t work like that. This wholly erroneous view of copyright grooms normies to be suckers for every sharp grifter who comes along promising that everything imaginable is property-in-waiting (remember SpiceDAO?):

https://onezero.medium.com/crypto-copyright-bdf24f48bf99

Copyright is a lot more complex than “anything you can imagine is your property and that means no one else can use it.” For starters, copyright draws a fundamental distinction between ideas and expression. Copyright does not apply to ideas — the idea, say, of elves and dwarves and such running around a dungeon, killing monsters. That is emphatically not copyrightable.

Copyright also doesn’t cover abstract systems or methods — like, say, a game whose dice-tables follow well-established mathematical formulae to create a “balanced” system for combat and adventuring. Anyone can make one of these, including by copying, improving or modifying an existing one that someone else made. That’s what “uncopyrightable” means.

Finally, there are the exceptions and limitations to copyright — things that you are allowed to do with copyrighted work, without first seeking permission from the creator or copyright’s proprietor. The best-known exception is US law is fair use, a complex doctrine that is often incorrectly characterized as turning on “four factors” that determine whether a use is fair or not.

In reality, the four factors are a starting point that courts are allowed and encouraged to consider when determining the fairness of a use, but some of the most consequential fair use cases in Supreme Court history flunk one, several, or even all of the four factors (for example, the Betamax decision that legalized VCRs in 1984, which fails all four).

Beyond fair use, there are other exceptions and limitations, like the di minimis exemption that allows for incidental uses of tiny fragments of copyrighted work without permission, even if those uses are not fair use. Copyright, in other words, is “fact-intensive,” and there are many ways you can legally use a copyrighted work without a license.

Which brings me back to the OGL, and what, specifically, it licenses. The OGL is a license that only grants you permission to use the things that WOTC can’t copyright — “the game mechanic [including] the methods, procedures, processes and routines.” In other words, the OGL gives you permission to use things you don’t need permission to use.

But maybe the OGL grants you permission to use more things, beyond those things you’re allowed to use anyway? Nope. The OGL specifically exempts:

Product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark…

Now, there are places where the uncopyrightable parts of D&D mingle with the copyrightable parts, and there’s a legal term for this: merger. Merger came up for gamers in 2018, when the provocateur Robert Hovden got the US Copyright Office to certify copyright in a Magic: The Gathering deck:

https://pluralistic.net/2021/08/14/angels-and-demons/#owning-culture

If you want to learn more about merger, you need to study up on Kregos and Eckes, which are beautifully explained in the “Open Intellectual Property Casebook,” a free resource created by Jennifer Jenkins and James Boyle:

https://web.law.duke.edu/cspd/openip/#q01

Jenkins and Boyle explicitly created their open casebook as an answer to another act of enclosure: a greedy textbook publisher cornered the market on IP textbook and charged every law student — and everyone curious about the law — $200 to learn about merger and other doctrines.

As EFF Senior Staff Attorney Kit Walsh writes in her must-read analysis of the OGL, this means “the only benefit that OGL offers, legally, is that you can copy verbatim some descriptions of some elements that otherwise might arguably rise to the level of copyrightability.”

https://www.eff.org/deeplinks/2023/01/beware-gifts-dragons-how-dds-open-gaming-license-may-have-become-trap-creators

But like I said, it’s not just that the OGL fails to give you rights — it actually takes away rights you already have to D&D. That’s because — as Walsh points out — fair use and the other copyright limitations and exceptions give you rights to use D&D content, but the OGL is a contract whereby you surrender those rights, promising only to use D&D stuff according to WOTC’s explicit wishes.

“For example, absent this agreement, you have a legal right to create a work using noncopyrightable elements of D&D or making fair use of copyrightable elements and to say that that work is compatible with Dungeons and Dragons. In many contexts you also have the right to use the logo to name the game (something called “nominative fair use” in trademark law). You can certainly use some of the language, concepts, themes, descriptions, and so forth. Accepting this license almost certainly means signing away rights to use these elements. Like Sauron’s rings of power, the gift of the OGL came with strings attached.”

And here’s where it starts to get interesting. Since the OGL launched in 2000, a huge proportion of game designers have agreed to its terms, tricked into signing away their rights. If Hasbro does go through with canceling the OGL, it will release those game designers from the shitty, deceptive OGL.

According to the leaks, the new OGL is even worse than the original versions — but you don’t have to take those terms! Notwithstanding the fact that the OGL says that “using…Open Game Content” means that you accede to the license terms, that is just not how contracts work.

Walsh: “Contracts require an offer, acceptance, and some kind of value in exchange, called ‘consideration.’ If you sell a game, you are inviting the reader to play it, full stop. Any additional obligations require more than a rote assertion.”

“For someone who wants to make a game that is similar mechanically to Dungeons and Dragons, and even announce that the game is compatible with Dungeons and Dragons, it has always been more advantageous as a matter of law to ignore the OGL.”

Walsh finishes her analysis by pointing to some good licenses, like the GPL and Creative Commons, “written to serve the interests of creative communities, rather than a corporation.” Many open communities — like the programmers who created GNU/Linux, or the music fans who created Musicbrainz, were formed after outrageous acts of enclosure by greedy corporations.

If you’re a game designer who was pissed off because the OGL was getting ganked — and if you’re even more pissed off now that you’ve discovered that the OGL was a piece of shit all along — there’s a lesson there. The OGL tricked a generation of designers into thinking they were building on a commons. They weren’t — but they could.

This is a great moment to start — or contribute to — real open gaming content, licensed under standard, universal licenses like Creative Commons. Rolling your own license has always been a bad idea, comparable to rolling your own encryption in the annals of ways-to-fuck-up-your-own-life-and-the-lives-of-many-others. There is an opportunity here — Hasbro unintentionally proved that gamers want to collaborate on shared gaming systems.

That’s the true lesson here: if you want a commons, you’re not alone. You’ve got company, like Kit Walsh herself, who happens to be a brilliant game-designer who won a Nebula Award for her game “Thirsty Sword Lesbians”:

https://evilhat.com/product/thirsty-sword-lesbians/

[Image ID: A remixed version of David Trampier's 'Eye of Moloch,' the cover of the first edition of the AD&D Player's Handbook. It has been altered so the title reads 'Advanced Copyright Fuckery. Unclear on the Concept. That's Just Not How Licenses Work. No, Seriously.' The eyes of the idol have been replaced by D20s displaying a critical fail '1.' Its chest bears another D20 whose showing face is a copyright symbol.]

[catwyk]

happy sibling rane saturday!!!! figured i oughta balance out the ran(e)goon silliness with something Serious

[fedoraspooky]

I truly hope the rumors of tumblr selling its user's artwork and other images to midjourney aren't real, because I am extremely tired of having to uproot and move around on the internet and still haven't fully recovered from the old dA-to-tumblr exodus... But juuuust in case a deal like that does go through, I'mma just leave this linktree post here. Just, y'know, for reasons.

The worst part is, you can't even delete or go back and edit your posts to opt out if this happens, because reblogs are unaffected. If anyone has ever reblogged your work there will be no way to opt out of this unless we can get a class action suit for tumblr going, or I guess report our own artwork and hope they nuke it themselves.

Just... Really didn't fuckin need this. Tumblr has been my internet home since 2011. I may not have a lot of followers, but I've made a lot of friends here over the years, and i don't wanna start all over from scratch AGAIN because some pissbaby CEO decided to have a transphobic breakdown and sell out all of the site's artists to theft machine robber barons for a shiny nickel.

I'm hesitant to post on insta too because zuck's vacuuming up everything for his AI too. Same with musk. Like, where the hell can we even go now?

All I can think of rn is just... Bluesky, cohost, sheezyart (which is as of this post still in closed beta), and newgrounds. There's furaffinity and stuff too but idk if I draw enough furries to be on a furry site, y'know? Idk, maybe my werecreature and nonhuman character stuff counts but just ughhh if we gotta move, can we all just agree on a place and move together and not scatter to the winds again? That would be great.

[thevoidstaredback]

2021

Me: I work in a different city almost everyday this month. Can I take the train? It'll save ya gas and money and time

Parents: No

2022

Me: I work in a different city almost everyday this month. To save gas and money, can I take the train?

Parents: No

2023

Me: I work in a different city almost everyday this month. Can I take the train to save gas and money?

Parents: No

2024

Me: I work in a different city almost everyday this month. Can I take the train to save gas and money?

Parents: No

Parents, a week later: Buy a train pass because gas is expensive

Me: Okay, but I don't get paid until Tuesday

Parents, that Tuesday: Don't get a pass; we'll take you to work

Me: Alright, then I'm going to spend this $85 on food and gas

Parents, yesterday: You're taking the train to work tomorrow because gas is expensive

Me, to myself: If you'd actually teach me to drive, we wouldn't be having this problem

[obstinaterixatrix]

here’s a new high school theater club yuri that looks promising. the main character is a shy and anxious girl who likes to write, the love interest is a very rambunctious aspiring actress who’s Determined to start a theater club. the stakes are really mundane while the intensity hits shounen-level drama

the vibes get so weird and chuuni in kind of a delightful way—at one point, the writer disagrees with how the actress interpreted a line but didn’t want to be too pushy, and the actress insists on the writer being clear about Her Vision, which leads to this page

it’s an ongoing series, there’s 4 chapters translated so far and one volume released. actually, I feel like there’s been a fair amount of theater yuri lately… revstar probably has a hand in that

[cillyscribbles]

i dont think i can gaslight girlboss garlic myself out of this one lads

[littlenimart]

spent a few minutes last Friday night debating the over/under on Bic allowing me to get a custom printed lighter of Aziraphale Goodomens ripping a bong (they denied Big Man Splatoon ripping a bong last fall) before I realized I already had my own two artistically-capable hands and a bottle of sparkle mod podge

15 minutes later, my beautiful son Aziraphale Custom Lighter was born. nothing like the power of arts n crafts to bring one’s stupidest but most joy-inducing ideas to life.

[demonzoro]

re: adobe being dogshit about rights as usual, i've seen affinity being thrown around as an alternative for layout/vectorising software. also worth noting the total claim of rights to your content might not apply to you if you're storing your stuff locally on your computer instead of on adobe cloud.

however, if you feel like cancelling your adobe sub on principal, affinity could be something to look into. it's a one-time purchase and has a free trial. if you're using photoshop purely for illustration, there are many other options out there too.

[forcedhesitation]

...just heard about the upcoming perk changes...hmm...yeah. the only good one definitely is the adrenaline nerf. I've wanted them to take away healing off hook forever.

the other perk changes are ass.

ultimate weapon is still outrageously unfair, even if you take away the screaming! to me, it feels like they just saw the uptick in people using calm spirit following the addition of ultimate weapon, and decided "hm, the way to deal with this is to remove the screaming." no! this perks needs to be reworked differently! given a longer cooldown, something! it does way too much for just one perk!

DS buff isn't going to stop tunnelling. strong killers don't care if you stun them, and weaker survivors likely won't even have DS because it's licensed...waste of a buff. just as they should do with off the record, they need to spread out these important anti-tunnel strategies to general perks. it's so unfair that something this important be gated behind a DLC. and no one perk should ever be too strong!

also, I saw otz's commentary on the changes. I could not agree more that certain killers should be nerfed directly, rather than trying to just balance perks generally. not all killers interact with different perks the same... nurse, wesker, huntress, blight, etc do not care about a stun, even if it's increased in length. you need to change them & how their powers work in relation to stuns, so survivors have a chance to get away from them, rather than buffing the perk so that old man ghostface has an even worse time in this dogshit meta lmao.

[tartagliove]

can’t believe I have to go to bed early to practice driving to work during rush hour…

[liviesicons]

• Vanity Fair Oscars Afterparty

— like or reblog if you save 🦋

[benihana-circumcision]

thinking about

them....

[brb-on-a-quest]

Growing up hearing parts of stories like The Iliad as a child, I idolized the Achaean Greeks because they were so cool and like the horse thing was *an absolutely brilliant battle tactic.* Actually reading The Iliad is like "Oh gods, why are the Achaean Greeks committing so many war crimes?????? Why are the Trojans the only people who actually have honor and decency??" and immediately siding with Troy because the majority of them Do Not Deserve This and have been majorly unfortunate.

[mbrainspaz]

I know we're not supposed to go to the Tractor Supply right now but they're the only place in town that regularly call me 'sir'

[infinite-juliet]

151216 Infinite at Seoul Character Licensing Fair © apricot tree do not edit, crop, or remove the watermark