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Old August 17th, 2007, 01:39 AM
LKW LKW is offline
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Originally Posted by tbeard1999 View Post
Agreed that this is the current state of the law. As I said earlier: "Ideas cannot be copyrighted, but their expression can. This glib statement has proven difficult to apply in the Real World. Thus, business were unsure as to just how much they could take from (say) AD&D without infringeing on TSR/WOTC intellectual property. And even if a defendant ultimately won, the cost of fighting might put him out of business."
GDW was sued by TSR for allegedly publishing products derivative of D&D and AD&D . . . the list of derivative points included things like using dice to create random character attributes and to resolve combat. Another allegation was having a game version of a spell to heal wounds. It was two years before the case was settled (out of court).

So yes, you can be sued for almost anything, and it can take a while for the legal bills to stop. Fortunately, GDW's license contract for the intellecual property involved had a "hold harmless" clause so we didn't have to pay the legal bills. Frank Chadwick DID have to waste a lot of time answering depositions, however.

Originally Posted by aramis
WOTC has sued to enforce their trademark on the specific mechanic of "Tapping" cards.


Haven't seen that one, but I just found that WizKidz has sued WOTC and is attempting to get a declaratory judgment that the WOTC patent on CCGs is invalid.
IIRC, the "tapping" thing is the patent that WotC got nearly a decade ago, and then sent letters to every gaming company who published a game with cards in it. GDW got one, but we had no games that used the "tapping" mechanic. As far as I know, this patent has never been the subject of litigation.

Also IIRC, the issue in the WizKidz/WotC is _another_ patent, something about games with pieces that are disassembled to represent damage received . . . or something. I am not a lawyer, so I don't follow these things very closely.
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Last edited by LKW; August 17th, 2007 at 02:00 AM..
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