file PKC seeks to attack the V:EKN

01 Oct 2012 13:57 #38156 by Ohlmann

question: why did PCK send the C&D and not their attorney?


I am not a lawyer, but as far as I know it is a necessary first step for legal action. And/or an intimidatio ntry

Better question: why is PCK discussing their case in a public forum like this?


Because Johannes showed the C&D to all the VEKN, leading to PCK trying to justify themselves.

The even better question is why they sent the C&D without waiting to see the Dance macabre set (to have precise accusation to give) and why they did not try a public warning first.

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01 Oct 2012 16:08 #38161 by Reyda
Wow. Thirteen pages already. Problem not solved yet.
Should we, the players, unite and write a letter to the Philatsch band to tell them to stop asking for attention -or would it be giving them too much attention already.
Feeling puzzled.

Imagination is our only weapon in the war against reality -Jules de Gaultier

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01 Oct 2012 16:50 #38163 by TryDeflectingThisGrapple
IMO, this is much ado about nothing.

PCK has to:

1) Have created non-derivative content, not described in print and/or already protected by copyright/patent held by other entities. Since so many cards are based on existing WoD canon, the subset for point #1 is small.

2) Have not received constructive design input from any second party who might also therefore have ownership rights, and not have duplicated or derived functions from cards proposed on this board to which others might have as much copyright claim as they do.

3) Have not relinquished rights by voluntarily issuing playtest files which included "Confidential Property of VEKN." This seems a high hurdle in my mind, especially if VEKN can produce documentation showing an internal design team approval of the PDF including this language.

4) Be able to specifically demonstrate that a card from Danse Macabre is derivative from some original content to which they could actually claim right. Since VEKN has already stated they will excise that small fraction of cards that don't have directly attributable WoD canon references and.or can be traced to other developers, this should eliminate any problems.

5) Have a standing copyright application in the public domain to initiate legal action. I could find nothing in the public record suggesting an application exists and it seems a huge mistake to even apply for US copyright. The huge amount of derivative content could open PCK to legal action from existing copyright holders, making the attempt backfire horribly.

6) Have funds available to pursue litigation against VEKN, risking countersuit for recovery of the defendant's legal costs. Even if all the stars for Points #1-#5 align, the gut-check associated with Point #6 is a likely roadblock.

Here is where I put my money where my mouth is. If a legal suit does result, I am willing to provide funds for legal consultation to support VEKN's defense (assuming that a personal review of available records for a defense case meets a minimum standard).

I might even sell my extensive collection of VTES original art with all proceeds funding VEKN defense. The irony of Eric buying art to fund the opposition's defense would not be lost on me :evil:

Darby.

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01 Oct 2012 17:56 #38173 by johannes

Wow. Thirteen pages already. Problem not solved yet.
Should we, the players, unite and write a letter to the Philatsch band to tell them to stop asking for attention -or would it be giving them too much attention already.
Feeling puzzled.

Reyda is out of words? Gehenna is upon us, indeed.
The following user(s) said Thank You: acbishop, Juggernaut1981, Boris The Blade, Pendargon, self biased

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01 Oct 2012 19:17 #38184 by self biased

IMO, this is much ado about nothing.

[post of awesomeness]


I salute you, sir.

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01 Oct 2012 20:28 - 01 Oct 2012 20:30 #38193 by zwubu
While I hardly ever feel enticed to contribute to this forum (or any forum), I do have some strong feelings on the subject at hand:

first of, as has been said before, this is why we can't have nice things. A couple of enthousiastic volunteers try to keep a nice and entertaining game alive and even get to the point where they find the spirit to try and create a new set. Unfortunately, while some diasgreement and some struggle in any project or design team run with and by volunteers is to be expected, this sure escalated quickly.
Threatening to bring charges on alleged copyright infringement (which is highly questionable to begin with, given that amongst others virtually all non-graphic related part of the card is not theirs to be patented in the first place) is no laughing matter (though I did laugh when I read the email).

Regardless, it may be worthwhile to briefly check in with a lawyer (hell, possibly contact the holders of the copyrighted items first (wizards, White Wolf?) to see if they'd lend you their lawyers. Lawyers like a good laugh as well) and see if you can get a declaratory judgment in your court of choice (that helps a lot, it's like a pre-emptive strike). Or have the wizards lawyers (ow wow, being called a wizard lawyer would rock) just file a counterclaim for the potential copyright infringment they would suffer when PKC would bring out their set.

Unless ofcourse PKC withdraws it's cease and desist demand and you just arrange some sort of deal whereby you (vekn) show your final cards to PKC prior to release for 'final vetting', give them some sort of recognition that they added creatively to this new set and that allows their feelings to be less hurt.

Which would be way more boring than a public law suit.
Last edit: 01 Oct 2012 20:30 by zwubu.
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