PlayNC: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Against NCsoft
"LOS ANGELES, March 11, 2005—A U.S. district court judge in Los Angeles dismissed several key claims by comic book publisher Marvel Enterprises, Inc in the company’s trademark and copyright infringement case against online computer game publisher NCsoft® Corporation and game developer Cryptic Studios™. Marvel sued NCsoft and Cryptic Studios in November of last year, claiming that the City of Heroes® online computer game allows players to imitate comic book characters owned by Marvel.
"In a March 9 order, U.S. District Court Judge R. Gary Klausner agreed with NCsoft that some of Marvel’s allegations and exhibits should be stricken as “false and sham” because certain allegedly infringing works depicted in Marvel’s pleadings were created not by users, but by Marvel itself.
"The judge also dismissed more than half of Marvel’s claims against NCsoft and Cryptic Studios, including Marvel’s claims that the defendants directly infringed Marvel’s registered trademarks and are liable for purported infringement of Marvel’s trademarks by City of Heroes’ users. In addition, he dismissed Marvel’s claim for a judicial declaration that defendants are not an online service provider under the Digital Millennium Copyright Act. The judge dismissed all of these claims without leave to amend, meaning that Marvel cannot refile these claims.
"Although the judge allowed certain claims to survive the motion to dismiss, NCsoft and Cryptic Studios are pleased with the result and are confident that both the law and the facts will support their case. In fact, citing a 1984 Supreme Court case holding that the sale of video cassette recorders did not violate copyright law, the Court noted that “It is uncontested that Defendants’ game has a substantial non-infringing use. Generally the sale of products with substantial non-infringing uses does not evoke liability for contributory copyright infringement.” Only “where a computer system operator is aware of specific infringing material on the computer system, and fails to remove it, the system operator contributes to infringement,” the Court stated."
Saturday, March 12, 2005
Steve Jackson Games 2005 Report to Stakeholders
Last year's report to the stakeholders was pretty informative. Makes me wish that more companies did this sort of things. I bet that companies like Guardians of Order would not be having some of the troubles that they are having, if they were as open as SJG is.
Steve Jackson Games 2005 Report to Stakeholders
"Steve Jackson Games Incorporated has a single stockholder . . . me. But we have a great many STAKEholders — that is, people who have a stake in the success of the business. These include our employees, our distributors, the retailers who carry our line, and, of course, the people who PLAY our games! Less obvious stakeholders, but very real, are the creative talents who produce our games, the printers who create the finished product, and the convention organizers who depend on us for game programming, prizes, and so on.
"We try to stay in good communication with all our stakeholders. The main avenues of communication are our website, the catalogs and other marketing material that we distribute, and the quarterly letter that goes to the 100+ people and companies to whom we pay royalties. But last year, as an experiment, I wrote a report not unlike the "report to the stockholders" that you would expect from a public company. It was a useful exercise for me, and I got a surprising amount of favorable feedback from all levels of the hobby. So let's do it again. Note that, unlike the typical "report to the stockholders," this report does not strictly start and finish with the calendar year 2004. There have been significant developments since December 31, and I'll discuss them."
Steve Jackson Games 2005 Report to Stakeholders
"Steve Jackson Games Incorporated has a single stockholder . . . me. But we have a great many STAKEholders — that is, people who have a stake in the success of the business. These include our employees, our distributors, the retailers who carry our line, and, of course, the people who PLAY our games! Less obvious stakeholders, but very real, are the creative talents who produce our games, the printers who create the finished product, and the convention organizers who depend on us for game programming, prizes, and so on.
"We try to stay in good communication with all our stakeholders. The main avenues of communication are our website, the catalogs and other marketing material that we distribute, and the quarterly letter that goes to the 100+ people and companies to whom we pay royalties. But last year, as an experiment, I wrote a report not unlike the "report to the stockholders" that you would expect from a public company. It was a useful exercise for me, and I got a surprising amount of favorable feedback from all levels of the hobby. So let's do it again. Note that, unlike the typical "report to the stockholders," this report does not strictly start and finish with the calendar year 2004. There have been significant developments since December 31, and I'll discuss them."
Thursday, March 10, 2005
Andre Norton Nears End
This will be a great loss indeed. She will be greatly missed as one of the greats of the genre. I'm glad to hear, though, that her name will live on through an award.
Andre Norton Nears End
"Andre Norton, who had been hospitalized with flu and pneumonia prior to her 93rd birthday on February 17, unfortunately is not expected to survive and according to her wishes has returned home under 'hospice care.'
"'She is losing the battle with her illness and is tired of fighting,' wrote Sue Stewart on a Norton message board. 'I made the decision late yesterday evening to bring her back home to be with us, her cat and her books when she departs... You're more than welcome to send your cards and flowers here. I want you all to know that she's aware that you care and she appreciates it.' The address published on the SFWA News site is: Andre Norton c/o Sue Stewart, 1007 Herron Street, Murfreesboro, TN 37130.
"In the meantime, the Science Fiction and Fantasy Writers of America (SFWA) announced on February 20 that it has created the Andre Norton Award, a new literary award to recognize outstanding science fiction and fantasy novels that are written for the young adult market."
Andre Norton Nears End
"Andre Norton, who had been hospitalized with flu and pneumonia prior to her 93rd birthday on February 17, unfortunately is not expected to survive and according to her wishes has returned home under 'hospice care.'
"'She is losing the battle with her illness and is tired of fighting,' wrote Sue Stewart on a Norton message board. 'I made the decision late yesterday evening to bring her back home to be with us, her cat and her books when she departs... You're more than welcome to send your cards and flowers here. I want you all to know that she's aware that you care and she appreciates it.' The address published on the SFWA News site is: Andre Norton c/o Sue Stewart, 1007 Herron Street, Murfreesboro, TN 37130.
"In the meantime, the Science Fiction and Fantasy Writers of America (SFWA) announced on February 20 that it has created the Andre Norton Award, a new literary award to recognize outstanding science fiction and fantasy novels that are written for the young adult market."
Required Reading for Open Gaming Developers
From the Livejournal of game designer Mike Mearls. He is usually a source for interesting ideas, and this bit of discussion isn't a disappointment.
Required Reading for Open Gaming Developers
"If you work with any of the material released under the OGL you must read The Cathedral & the Bazaar, by Eric S. Raymond.
"There's an online version available.
"It's long enough that the print version from O'Reilly is a good resource.
"I'm two-thirds of the way through it, and I feel that I finally understand both the potential of the OGL and how the gaming industry has managed to bungle that potential. In short, RPG companies have been given a powerful tool yet their reliance on closed development styles keeps them from seeing it."
[Back to me now...] I don't see what he proposes happening. The example that he sites, and the model that he seems to be groping towards may work for open source software development, but I don't see it as a model that would work for RPG publishers. No one is going to follow the model because it flies in the face of "nobody is going to buy the cow if the milk is free" logic. Too many business models are built to follow the "cow model," and I don't think that enough people are going to think changing to an open source model will work. Hell, I don't think it would work.
I don't know, I think that it is yet another case of someone letting philosophizing get ahead of pratical concerns. While Mike Mearls is a very good game designer, it should be pointed out that he isn't a business owner. Perhaps he would feel differently about business models if he were. Who knows...
Required Reading for Open Gaming Developers
"If you work with any of the material released under the OGL you must read The Cathedral & the Bazaar, by Eric S. Raymond.
"There's an online version available.
"It's long enough that the print version from O'Reilly is a good resource.
"I'm two-thirds of the way through it, and I feel that I finally understand both the potential of the OGL and how the gaming industry has managed to bungle that potential. In short, RPG companies have been given a powerful tool yet their reliance on closed development styles keeps them from seeing it."
[Back to me now...] I don't see what he proposes happening. The example that he sites, and the model that he seems to be groping towards may work for open source software development, but I don't see it as a model that would work for RPG publishers. No one is going to follow the model because it flies in the face of "nobody is going to buy the cow if the milk is free" logic. Too many business models are built to follow the "cow model," and I don't think that enough people are going to think changing to an open source model will work. Hell, I don't think it would work.
I don't know, I think that it is yet another case of someone letting philosophizing get ahead of pratical concerns. While Mike Mearls is a very good game designer, it should be pointed out that he isn't a business owner. Perhaps he would feel differently about business models if he were. Who knows...
Tuesday, March 08, 2005
Israeli Army frowns on Dungeons and Dragons
The pictures with the article are great. Someone, somewhere down the line over there seems to think that S.C.A. stuff is D&D...because all of the pictures of people playing D&D shows a bunch of guys in fake armor having sword fights.
Israeli Army frowns on Dungeons and Dragons
"Does the Israel Defense Forces believe incoming recruits and soldiers who play Dungeons and Dragons are unfit for elite units? Ynetnews has learned that 18-year-olds who tell recruiters they play the popular fantasy game are automatically given low security clearance.
"'They're detached from reality and suscepitble to influence,' the army says.
"Fans of the popular role-playing game had spoken of rumors of this strange policy by the IDF, but now the army has confirmed that it has a negative image of teens who play the game and labels them as problematic in regard to their draft status."
Israeli Army frowns on Dungeons and Dragons
"Does the Israel Defense Forces believe incoming recruits and soldiers who play Dungeons and Dragons are unfit for elite units? Ynetnews has learned that 18-year-olds who tell recruiters they play the popular fantasy game are automatically given low security clearance.
"'They're detached from reality and suscepitble to influence,' the army says.
"Fans of the popular role-playing game had spoken of rumors of this strange policy by the IDF, but now the army has confirmed that it has a negative image of teens who play the game and labels them as problematic in regard to their draft status."
RPG Company List Entries:
It is nice to start to be listed for my work...
RPG Company List Entrie
"Battlefield Press
Small-press makers of the Luftwaffe 1946 RPG, Eric Flint's 1632 Resource Guide and Role Playing Game, and the superhero rules system Beyond Mortal Men (by Christopher Helton). All three are based on Gold Rush Games Action! system. In addition, they publish a number of 3rd edition D&D (aka 'D20') adventures and supplements, including 'Cityscape' (2002) and the upcoming 'Sherwood' and 'Pulp Fantasy'. Founded in 2001 by editor Jonathan M. Thompson with authors B.L. Sisemore and Adam R. Thompson."
RPG Company List Entrie
"Battlefield Press
Small-press makers of the Luftwaffe 1946 RPG, Eric Flint's 1632 Resource Guide and Role Playing Game, and the superhero rules system Beyond Mortal Men (by Christopher Helton). All three are based on Gold Rush Games Action! system. In addition, they publish a number of 3rd edition D&D (aka 'D20') adventures and supplements, including 'Cityscape' (2002) and the upcoming 'Sherwood' and 'Pulp Fantasy'. Founded in 2001 by editor Jonathan M. Thompson with authors B.L. Sisemore and Adam R. Thompson."
Monday, March 07, 2005
Dwarfstar Games
Way....way back in the day, there were these cool things called Microgames. Not really role-playing games, but also not really minatures games either, they still have a niche in the history of the development of games in this business.
Nostalgia games indeed!
Dwarfstar Games
"The Dwarfstar Games were a line of small-box science fiction and fantasy themed boardgames published in 1981 and 1982 by Heritage USA.
"Reaper Miniatures has graciously granted limited permission for you to download and print six of these games, for your personal use.
"While this site was created in conjunction with permission granted by Reaper Miniatures, this site was not created by Reaper Miniatures and they are not responsible for the content posted here.
"The page devoted to each Dwarfstar game contains the descriptive text from the back of the game box, scans of the front and back of the box, selected quotes regarding the game, links to other websites related to the game, references to vintage magazine articles, and a set of game files for download."
Check these out, and enjoy. Obviously, in order to Download you click on "Download," and then go to the "Index" page. A few hoops to jump through, but worth the effort.
Nostalgia games indeed!
Dwarfstar Games
"The Dwarfstar Games were a line of small-box science fiction and fantasy themed boardgames published in 1981 and 1982 by Heritage USA.
"Reaper Miniatures has graciously granted limited permission for you to download and print six of these games, for your personal use.
"While this site was created in conjunction with permission granted by Reaper Miniatures, this site was not created by Reaper Miniatures and they are not responsible for the content posted here.
"The page devoted to each Dwarfstar game contains the descriptive text from the back of the game box, scans of the front and back of the box, selected quotes regarding the game, links to other websites related to the game, references to vintage magazine articles, and a set of game files for download."
Check these out, and enjoy. Obviously, in order to Download you click on "Download," and then go to the "Index" page. A few hoops to jump through, but worth the effort.
Sunday, March 06, 2005
Flame Warriors
A humorous listing of online "archetypes." I am sure that you have encountered at least some of these individuals.
Flame Warriors
Flame Warriors
T.E. Lawrence
I saw a movie about him last night on television (one of Ralph Fiennes' early movies) about his life after Arabia. Great movie, and it made me realize how under-utilized Lawrence is/was as a character in RPGs. Sure, the "notorious" individuals like Crowley becoming gaming cliches, but someone like Lawrence never gets used, despite his importance to Middle Eastern history. Well, here is some information for all of those people running games (or writing them) for that period betweent the World Wars.
T.E. Lawrence
"British archeological scholar, adventurer, military strategist, and the writer of THE SEVEN PILLARS OF WISDOM (1927), an ambitious work, which combines a detailed account of the Arab revolt against the Turks and the author's own spiritual autobiography. T.E. Lawrence's enigmatic personality still fascinates biographers and his legend has survived many attempts to discredit his achievements. T.E. Lawrence was better known in his lifetime as 'Lawrence of Arabia' because of the dashing role he had in helping Arabs against the Turks during World War I. At 31 Lawrence was an international celebrity but embittered by his country's policy he chose obscurity and died at the age of 46 after a motorcycle accident."
T.E. Lawrence
"British archeological scholar, adventurer, military strategist, and the writer of THE SEVEN PILLARS OF WISDOM (1927), an ambitious work, which combines a detailed account of the Arab revolt against the Turks and the author's own spiritual autobiography. T.E. Lawrence's enigmatic personality still fascinates biographers and his legend has survived many attempts to discredit his achievements. T.E. Lawrence was better known in his lifetime as 'Lawrence of Arabia' because of the dashing role he had in helping Arabs against the Turks during World War I. At 31 Lawrence was an international celebrity but embittered by his country's policy he chose obscurity and died at the age of 46 after a motorcycle accident."
Friday, March 04, 2005
Gone But Not Forgotten - Dead 80s Pop Stars
Interesting lists...
Gone But Not Forgotten - Dead 80s Pop Stars
"The world of rock and roll never fares well when the Grim Reaper comes calling. In fact, it seems like it does worse! So, curl up in the fetal position in front of your computer with a libation, perhaps a Bloody Mary, and find out how many of our favorite 80's Musicians shook off their mortal coil."
Gone But Not Forgotten - Dead 80s Pop Stars
"The world of rock and roll never fares well when the Grim Reaper comes calling. In fact, it seems like it does worse! So, curl up in the fetal position in front of your computer with a libation, perhaps a Bloody Mary, and find out how many of our favorite 80's Musicians shook off their mortal coil."
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