Friendsofsandwiches wrote:If nothing else, can a few dimestore lawyers out here offer some legal advise on what the people here can do to CYA, Or will this always be at risk if wizards/hasbro decides to spend 5 minutes writing and sending a C&D order?
<--- actual lawyer.
There's no CYA, in the highly unlikely event that Hasbro spends the 5 minutes to write and send a cease&desist, there's no defense, and the appropriate action would be to shut down Manalink, Shandalar, Forge, and significant other parts of the website.
Plain and simple, we make a gazillion references to copyrighted information, as well as to patents, in just about every other post. While a ton of those posts are certainly within the realm of fair use, the amount of work required to separate fair use from infringement would be untenable.
BAgate wrote:Last thing I will say on this topic:
1) From a legal perspective this project is in a grey area, but Korath does have legal copyright to the code he wrote.
Actually, from a legal perspective this project isn't in a grey area. It's just a lot better if we pretend it is.
TheKillerNacho wrote:Also you really don't know anything about copyright laws. In order to be protected by copyright you actually need to apply for one.
You're wrong. For a work to be protected by copyright, it merely needs to be recorded. One needs to apply for trademark or patent, but copyright protection is automatic.
To go one level further, hypothetically, if you were to distribute a copy of korath's work, korath could bring suit to enjoin you from continuing to do so. The only outcome would be an injunction, because korath would not be able to prove any damages. Hasbro could likewise bring suit against korath to prevent korath from distributing his work, because it makes too much use of their copyrights and patents (MTG mechanics & card details). They could sue for damages if they can prove loss of sales (good luck with that).
This leaves unresolved the question as to who owns the rights to the microprose software. from 1998 to 2001, Hasbro owned all microprose intellectual property. Hasbro bought Wizards of the Coast in 1999. When Hasbro sold the MiscroProse intellectual property to Infogrames in 2001, it's possible that they retained the Shandalar IP. If not, it gets really murky what happened thereafter. The MicroProse brand is owned by a company that makes air rifles, but whether they also obtained the MicroProse IP is a different matter.