New Fair Use, Foreven Sector License and TLL up

[dmccoy1693]

Figured I'd start a whole new discussion on this.

Download and discuss. And remember this is ONLY A DRAFT.

 

[tbeard1999]

Figured I'd start a whole new discussion on this.

Download and discuss. And remember this is ONLY A DRAFT.

I'll review it and comment tomorrow. However, my previous comments on the Traveller Logo License appear to still be valid. There is only one minor change in the TLL.

One thing that has changed (I think) is the FFE Fair Use policy ("FUP"). Here are the important points that I noticed:

1. The FUP explicitly applies to previous versions of Traveller, but not to Mongoose Traveller. It is unclear which policy prevails if there's a disagreement between the FUP and Mongoose's policies.

2. The FUP is essentially a list of "safe harbors"--i.e., things that FFE has agreed that it will allow, despite the fact that trademark/copyright law might allow it to restrict such behavior. An example would be using FFE trademarks if you post the required text on your site.

3. The FUP implies, but does not explicitly state that you agree to abide by the FUP in exchange for taking advantage of the safe harbors. If I were FFE, I'd clean that part up and make it a non-exclusive, revocable at will license. Essentially, I'd state that FFE agrees to license use of its trademarks for noncommercial uses (subject to the other requirements). In exchange, you agree that you will abide by the terms and conditions of the license. That's how I'd draft it; it is not how it's explicitly stated in the current form.

4. One of the restrictions is that you cannot "rewrite the game in [your] own words". This is an activity that would be allowed by US copyright law. However, I think that the intent is that you agree not to do this in exchange for using FFE trademarks and copyrighted material. It's a reasonable restriction, but I'd draft the document clearer.

5. Particularly gracious is permission to reprint Challenge magazine articles if you get the author's permission. If the article is by MM, Frank Chadwick, or John Harshman, permission is granted. Just a quibble...are JTAS articles intentionally excluded?

6. The policy is for non-commercial use only. Seems fair to me.

7. The artwork policy is very reasonable (and very useful for fans).

Caveat: I'm a lawyer, but I'm not your lawyer. This is not intended to be legal advice or to create an attorney/client relationship. Heck, I could be creating this out of Dallas Cowboys induced euphoria. So pay a lawyer for advice that you intend to rely on.

 

[Starviking]

One thing on the FFE Art Policy - "Chris Foss" is the artist concerned, not "Chris Fosse".

As to the policy itself - very liberal - I like it!

 

[tbeard1999]

Just reviewed the Foreven Free Sector Logo License. Here are my comments:

1. Overview

a. This is a non-exclusive, revocable at will, license between you and Mongoose.

b. Essentially, you agree to abide by certain terms and Mongoose agrees to allow you to use certain intellectual property that they could otherwise preclude you from using. This is a binding contract (though it can be revoked easily).

2. What the license lets you do:

a. Publish real, for-profit English language gaming books (printed and electronic) using certain FFE/Mongoose trademarks. This does not include foreign language books, miniatures, computer games and "other media".

b. Use the Foreven Free Sector Logo.

c. Use the trademark "Traveller" to market a gaming book.

d. Use "any Original Traveller Universe material" and create derivative content, but only if the material is set in the Foreven sector.

e. You may -- but it's unclear if you're required to -- use the term "Traveller Main Rulebook" or "TMB" to refer to the MGT core rules.

3. What you agree that you must do and that you can't do:

a. You cannot use the trademark "Traveller" on the cover of any game book. Left unanswered is whether you can use the term "Traveller" inside the book.

b. You must include various boilerplate statementss (items 7 and 9 in first section).

c. You can't detail the process of generating attributes (or change their names).

d. You may not change UPP terms like Size, Atmosphere, etc.

e. You may not use various Traveller book titles like "Mercenary", "High Guard", etc.

f. You cannot mimic the LBB style (monotone cover, etc.)

g. You must comply with the applicable law when using "Licensed Articles".

h. You must comply with various restrictions on violence, sex, obscenity, etc.

i. You cannot move the Foreven sector (though you can assume it's the only sector, define its contents, set it in any time period, or set in in your own universe).

j. Use the logo appropriately and place "Foreven Product Use" on the first page in at least 10 point type.

4. Issues

a. The document does not define "Licensed Articles". Presumably these are the articles referenced in section 2 of the FFE Fair Use Policy.

b. You must fax or mail the acceptance form to Mongoose. I suggest that Mongoose add the ability to email a scanned signed acceptance form; faxes are *so* 1995.

c. You can't use "Traveller" in the title of your book; left unanswered is whether you can use the term "Traveller" inside the book, since you *can* use it in marketing your book. Also, it isn't clear whether you can use the word "Traveller" on the cover, so long as it isn't part of the title. IMHO, the strict legal answer to these questions is "no, you can't," unless Mongoose clarifies the issue.

d. Note that Mongoose could theoretically terminate a license and order all printed copies of a book destroyed. So before spending lots of money, you might want to contact Mongoose and get a more definitive agreement.

e. You can't use this license to make "computer games" or "other media". Does this mean you can't write spreadsheets/utilities for ship design, etc.? IMHO, the strict legal answer to these questions is "no, you can't," unless Mongoose clarifies the issue.

f. Are webpages considered "electronic books"?

g. There appears to be a typo in the prologue to section 1: "The following requirements are necessary for the Traveller logo to be used..." (emphasis mine). Shouldn't this say "Foreven Free Sector Logo"?

5. Related Posts

My review of the FFE Fair Use Policy is here: http://www.travellerrpg.com/CotI/Discuss/showpost.php?p=281764&postcount=2

My review of the Traveller Logo License (v1b) is here: http://www.travellerrpg.com/CotI/Discuss/showpost.php?p=272658&postcount=92 There's no substantive change in version 1c of the license, so this analysis is accurate.

Here are my comments on the interaction of the OGL with these other licenses: http://www.travellerrpg.com/CotI/Discuss/showpost.php?p=272694&postcount=97 (Note that comments about the OGL are still valid, but notes about the Mongoose Fair Use Policy are probably not valid anymore).


Caveat: I'm a lawyer, but I'm not your lawyer. This is not intended to be legal advice or to create an attorney/client relationship. Heck, I could be creating this out of Dallas Cowboys Superbowl delusions. So pay a lawyer for advice that you intend to rely on.