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Links – Warcraft Disappears, Schmidt Makes Millions & More

W. Eric Martin
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• On February 9, 2011, U.S. publisher Fantasy Flight Games posted the following news item:

Quote:
After nearly ten years of publishing best-selling board games based in Blizzard Entertainment's popular fantasy realm, we at Fantasy Flight Games must announce that our licensing agreement for all Warcraft products has expired. We are immensely proud of Warcraft: The Board Game, World of Warcraft: The Board Game, and World of Warcraft: The Adventure Game. Each of these product lines presented its own unique perspective on Blizzard's beloved setting, and offered countless hours of enjoyment to our loyal fans.

We'd like to thank Blizzard Entertainment for conceiving the rich lore of Warcraft; the vibrant world of Azeroth provided acres of fertile creative ground to our eager designers. We'd also like to thank them for such a long and fruitful partnership. It was our honor to have been even a small part of Warcraft's impact on our culture, and along with millions of other fans, we at FFG look forward to Blizzard's future endeavors.

Finally, our deepest thanks go to the players, whose dedication to these three board games helped make them some of our most popular titles ever. We're confident that their engaging stories of adventure and warfare will continue to entertain fans for years to come. Thanks again for your continued support!

Now, the end of a licensing agreement is something that businesses go through all the time. The licensor decides it wants more money, or wants to release products itself, or take the property in some other direction. So the announcement itself isn't strange or out of the ordinary.

What is strange, though, is that the FFG website has been scrubbed of these Warcraft products: The games aren't listed in the FFG catalog; they are no longer included in the community forums or the FFG store; and they've disappeared from the collections of registered users of the FFG website. Poof.

• French website Jeux sur un Plateau interviewed Rio Grande Games' Jay Tummelson at Nürnberg 2011 in which he talks about Dominion without revealing much in the way of future releases.

• At The Opinionated Gamers, Patrick Korner has published an interesting two-part series (Part I and Part II) called "A Guide to German Publishers". In the articles, Korner summarizes the history of German game publishers – small, medium and large – with more articles to come in the future about publishers in other countries.

• In a related item, this press release notes that Schmidt Spiele GmbH had sales of roughly €38 million in 2009, with (if I'm reading this correctly) more than €9 million of that due to Schmidt handling sales for both the Spiel des Jahres – Dominion – and Kinderspiel des Jahres – Das Magische Labyrinth – in 2009. (Drei Magier Spiele is a brand within Schmidt Spiele, while Hans im Glück titles are distributed by Schmidt.)

• The Play 2011 Game Festival in Modena, Italy will host a conference/brainstorming session for journalists, gamers and game designers on "the different ways in which digital and traditional games can resonate with the practices of journalism, social criticism and the preservation of historical memory". More details on the conference in this post from Andrea Ligabue.

Campaign Manager 2008 (Z-Man Games) is now playable online at Yucata.de.

The Resistance is now available in a second printing from Indie Boards & Cards.

• Need more shelf space for your games? Take a cue from Kazuya Morita Architecture Studio in Osaka, Japan and put those shelves everywhere...
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Subscribe sub options Sun Feb 13, 2011 9:04 pm
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Scott Everts
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It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean. Especially the support forums and user collections. It makes one fear they will turn their eye on BGG next. Could we get into a situation on licensed games that the owners start flooding websites with Cease & Desist orders?

The first thing I did after seeing this is download all the manual & FAQ pdf's so I can have an archive copy of them.
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  • Posted Sun Feb 13, 2011 9:23 pm
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ScottE wrote:
It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean.

Show me where it says that Blizzard forced FFG to do anything, or indeed that Blizzard took any sort of action at all.
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  • Posted Sun Feb 13, 2011 9:42 pm
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timstellmach wrote:
ScottE wrote:
It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean.

Show me where it says that Blizzard forced FFG to do anything, or indeed that Blizzard took any sort of action at all.

I stand corrected. Reading over the full text of the document does not mention this. Though it seems strange they'd pull all their FAQ's and support forums without prompting.
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  • Posted Sun Feb 13, 2011 9:46 pm
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Awesome, I really enjoy Campaign Manager. I love Yucata.
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  • Posted Sun Feb 13, 2011 9:58 pm
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There is no evidence that Blizzard was NOT behind the purge either.
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  • Posted Sun Feb 13, 2011 10:18 pm
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Not sure the exact reasoning behind it, but it seems like the thing to do to avoid potential confusion issues or future problems.

When Wizards no longer had the Star Wars license, all evidence of the products on their pages ceased to exist, but they did leave some of the forums up. Not sure the logic in FFG taking those down.
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  • Posted Sun Feb 13, 2011 10:26 pm
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Neil Wehneman
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ScottE wrote:
It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean. Especially the support forums and user collections. It makes one fear they will turn their eye on BGG next. Could we get into a situation on licensed games that the owners start flooding websites with Cease & Desist orders?

The first thing I did after seeing this is download all the manual & FAQ pdf's so I can have an archive copy of them.


The key issue here would be a trademark one: conceivably, FFG continuing to support Blizzard-licensed games and use the Blizzard trademarks could cause consumers to assume there is some sort of continuing sponsorship or affiliation between Blizzard and FFG.

There is no such likelihood of confusion with regards to the BGG forums.

Personally, I think it's just poor lawyering if this scenario wasn't foreseen and explicitly dealt with PRIOR to the licensing agreement starting.

Of course, maybe it was foreseen, and this purge was the course of action that was agreed to ten years ago. Without seeing the actual licensing contracts or hearing from the parties (either of which is unlikely), it's impossible to know.

- Neil Wehneman


Edit: What do I think would be the best way to handle this in the original license? Perhaps the parties could have agreed that once the license ends, FFG would remove all of the graphical marks, but leave up the archived forums with conspicuous disclaimers that the license has expired and there is no continuing relationship. Alternately, the old forums and documents could have been copied to Blizzard's site, with FFG redirecting there. There are other possibilities that avoid any likelihood of consumer confusion, while maintaining the support content that built up over ten years.
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  • Edited Sun Feb 13, 2011 10:32 pm
  • Posted Sun Feb 13, 2011 10:28 pm
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Tim Stellmach
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Acroyear wrote:
There is no evidence that Blizzard was NOT behind the purge either.

There's also no evidence that it wasn't all your doing.
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  • Posted Sun Feb 13, 2011 10:28 pm
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It isn't impossible FFG did the purge of their own will. Perhaps they were the ones done with Blizzard?

But really, maybe the FFG lawyer just said "take it down to be safe".
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  • Posted Sun Feb 13, 2011 10:50 pm
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landaras wrote:
Edit: What do I think would be the best way to handle this in the original license? Perhaps the parties could have agreed that once the license ends, FFG would remove all of the graphical marks, but leave up the archived forums with conspicuous disclaimers that the license has expired and there is no continuing relationship. Alternately, the old forums and documents could have been copied to Blizzard's site, with FFG redirecting there. There are other possibilities that avoid any likelihood of consumer confusion, while maintaining the support content that built up over ten years.


Without one of the FFG lawyers chiming in I suspect we will never know, but having dealt with licensing before I wouldn't be surprised if it was explicitly part of the licensing agreement that FFG has to take down all public facing data related to the license once it expires. Especially with such a prestige brand. I would imagine they have the same agreement or similar in place with GW for Chaos in the Old World, Death Angel etc.
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  • Posted Sun Feb 13, 2011 10:53 pm
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Acroyear wrote:
There is no evidence that Blizzard was NOT behind the purge either.

I think the overlooked key words from Martin's story were "After nearly ten years..." -- Isn't it possible that Fantasy Flight Games (FFG) only had the "Warcraft" games license for a finite period of time (like 10 years)?

Moreover, because of the virtual overnight disappearance of the entirety of "Warcraft" games in Fantasy Flight Games' online catalog and support areas, I'm inclined to infer that Blizzard may well have ordered FFG to remove them. In such case, I would have to wonder whether what would have prompted Blizzard to do that was because of their exercising their own prerrogative OR whether it had occurred after one of the following: a. unsuccessful renegotiations by Fantasy Flight Games to lower the licensing fee for its continued use of "Warcraft"-themed board games; b. FFG simply indicated it was no longer interested in renewing its license with Blizzard for "Warcraft"-themed board games; or c. an impasse may have resulted after Blizzard demanded a higher licensing fee which FFG was unwilling to pony up or wasn't able to negotiate down.

FFG's most recent Black Friday Holiday Sales event certainly appeared to foreshadow these events as they'd slashed the prices on "Warcraft" products and the expansion to "Starcraft". (If memory serves, the base "World of Warcraft" and "Warcraft" games were included in that holday sales event.)

Notably, FFG continues to list "StarCraft" among its board games. So unless they create their own board game counterpart to "StarCraft II", I would guess that they have another few years on that license (if the licenses are indeed given for a proscribed period of time, like 10 years).

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  • Posted Sun Feb 13, 2011 11:01 pm
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Quote:
Notably, FFG continues to list "StarCraft" among its board games. So unless they create their own board game counterpart to "StarCraft II", I would guess that they have another few years on that license (if the licenses are indeed given for a proscribed period of time, like 10 years).


The statement said the Warcraft license, not the Blizzard license. If that's true, not surprising.

I'd make a WAG that the agreement called for FFG to stop selling Warcraft themed merchandise after the license expired. Having a product displayed on the website would look a lot like "selling" to a lawyer, so they probably took it down until they can negotiate a way to deal with their remaining inventory.

I'm a bit sad that there won't be a Lich King or Cataclysm expansion, although cosmic muffin knows that the Burning Crusade expansion made the game too big for most tables unless you also play monster wargames. I played the base set solitaire a *lot* when it came out, even before I got into the MMO. It is a very cool game, although you can get into a rut pretty quickly through nothing other than bad luck with your first mob. I used a "mulligan" roll rule for a character's first combat and that helped some.

Doug
 
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  • Posted Sun Feb 13, 2011 11:21 pm
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I think it might be standard operating procedure for Fantasy Flight to purge their site of games they no longer plan to sell. I noticed that they did the same thing with War of the Ring: Collector's Edition when it sold out. Kind of annoying...
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  • Posted Mon Feb 14, 2011 1:50 am
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In my limited experience, when FFG decides to quit selling a game, *poof* it always disappears in a puff of smoke. No hint of the game left behind, no support forums, no archived rulebooks... nothing.

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  • Posted Mon Feb 14, 2011 3:08 am
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Maybe Blizzard bought the FFG rights to sell the boardgames, instead of letting it go by the wayside?
 
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  • Posted Mon Feb 14, 2011 3:29 am
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tritone wrote:
In my limited experience, when FFG decides to quit selling a game, *poof* it always disappears in a puff of smoke. No hint of the game left behind, no support forums, no archived rulebooks... nothing.

Yup. Try even getting a list of the older Silver Line titles that went out of print. You'll have to search BGG Geeklists.

Fantasy Flight is a big wheel in gaming, so from a legal POV they are a juicy target for anyone who thinks they have a case. Thus... the Poof Defense. From a fan standpoint, it sucks. From a legal CYA standpoint, probably the easiest & most direct route to covering FFG's ass. If I were trying to run a business, I might take a similar easy way out, rather than get pecked to death by legal vultures.

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  • Posted Mon Feb 14, 2011 3:40 am
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ropearoni4 wrote:
Maybe Blizzard bought the FFG rights to sell the boardgames, instead of letting it go by the wayside?


Retailers, such as Blizzard's online store, and distributors do not have to follow the license agreement that allowed FFG to publish the games.

Your local game store can still sell any copies of Warcraft : The Board Game that they still have in stock and continue to order it from the distributor for as long as supplies last.

Only the publisher is prohibited from selling the game once the license has expired.

Mike Z
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  • Posted Mon Feb 14, 2011 4:50 am
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Why did the announcement not mention Starcraft?

I'm just glad I went for the end-of year sale on the Starcraft and WOWBG expansions at 10 bucks each! But that might have shown they were pulling out of the Blizzard relationship.
 
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  • Posted Mon Feb 14, 2011 5:25 am
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Wha... I don't even...

Why would FFG removal all references of the games and the support forums? That's just HORRIBLE customer service. I don't care if they lost the license or what, they should at least leave it up for those who HAVE the game even if they aren't selling it anymore.

Just lame. shake
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  • Posted Mon Feb 14, 2011 6:37 am
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Stexe wrote:
Wha... I don't even...

Why would FFG removal all references of the games and the support forums? That's just HORRIBLE customer service. I don't care if they lost the license or what, they should at least leave it up for those who HAVE the game even if they aren't selling it anymore.

Just lame. shake

I am guessing Blizzard is just as much, if not more, at fault for this than FFG. Since Blizzard owns the license, they COULD have allowed FFG to at least distribute the online documents to the game, but have chosen not to do so.

And yes, I'm pretty sure that Blizzard is involved, because of the licensing. Battlemist isn't supported, but a little bit ago I requested a copy of the rules for it, and got a PDF for it, despite it not being on the website. When I asked for a copy of the WoW:TBG FAQ, I was told FFG was not allowed to distribute the document.

Whether or not FFG's efforts to renew the license failed, were not pursued, or whatever, the fact that FFG is not allowed to distribute the documents means that Blizzard, in some way or another, is prohibiting them from doing so. Sure, they have the "right" to do so, but they really don't "have" to.

Now, FFG may have some fault in it, too. Without knowing the details (which are likely to never be public), we'll never know the full story. Based on my observation of FFG and Blizzard, though, my guess is that Blizzard is just being heavy-handed and uncompromising.
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  • Edited Mon Feb 14, 2011 7:07 am
  • Posted Mon Feb 14, 2011 7:03 am
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When you take in to account that Blizzrd/Activision have also taken Guitar Hero out the back and shot it, it looks like they are gearing up for something. Might be they are wanting to pool their resources in to Titan or it could be just normal every day cost cutting.

Shall be interesting to see what happens over the next few months. Especially with Modern Warfare 3 rumored.
 
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  • Posted Mon Feb 14, 2011 10:08 am
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ScottE wrote:
timstellmach wrote:
ScottE wrote:
It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean.

Show me where it says that Blizzard forced FFG to do anything, or indeed that Blizzard took any sort of action at all.

I stand corrected. Reading over the full text of the document does not mention this. Though it seems strange they'd pull all their FAQ's and support forums without prompting.


Perhaps an unintended side effect of a database modification of their product DB?
 
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  • Posted Mon Feb 14, 2011 2:24 pm
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Armatige wrote:
When you take in to account that Blizzrd/Activision have also taken Guitar Hero out the back and shot it, it looks like they are gearing up for something. Might be they are wanting to pool their resources in to Titan or it could be just normal every day cost cutting.

Shall be interesting to see what happens over the next few months. Especially with Modern Warfare 3 rumored.



The Guitar Hero death knell was most likely rung by the music industry trying to squeeze as much juice out of the royalty orange as they could, not because activision was looking to ruin one of their most popular brands.
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  • Posted Mon Feb 14, 2011 2:27 pm
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Macabee wrote:
ScottE wrote:
timstellmach wrote:
ScottE wrote:
It seemed a bit heavy handed of Blizzard to force FFG to scrub their website clean.

Show me where it says that Blizzard forced FFG to do anything, or indeed that Blizzard took any sort of action at all.

I stand corrected. Reading over the full text of the document does not mention this. Though it seems strange they'd pull all their FAQ's and support forums without prompting.


Perhaps an unintended side effect of a database modification of their product DB?

It's definitely not just an accidental removal. When I asked Thaadd for a copy of the FAQ for WoW:TBG, she said that they weren't allowed to distribute it. I think that means it goes beyond a simple software modification glitch, but that FFG is being disallowed from providing any support.
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  • Edited Mon Feb 14, 2011 3:42 pm
  • Posted Mon Feb 14, 2011 3:41 pm
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The next question:
Is is possible for BGG to host the last FAQs for these games?

I was looking at some of the FFG FAQ documents in my collection, and there is no copyright asserted on any of them. FFG certainly cannot distribute them, but they could POSSIBLY provide permission to post them in a publicly accessible place.
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  • Posted Mon Feb 14, 2011 4:42 pm
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fbranham wrote:
The next question:
Is is possible for BGG to host the last FAQs for these games?

I was looking at some of the FFG FAQ documents in my collection, and there is no copyright asserted on any of them. FFG certainly cannot distribute them, but they could POSSIBLY provide permission to post them in a publicly accessible place.

In a message I got from Thaadd about it, she said:

"We have no materials (they were removed) so any support will have to be fan based - we unfortunately are not able to provide support."

That seems to indicate that hosting them here on BGG shouldn't be an issue.
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  • Posted Mon Feb 14, 2011 4:45 pm
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fbranham wrote:
The next question:
Is is possible for BGG to host the last FAQs for these games?

I was looking at some of the FFG FAQ documents in my collection, and there is no copyright asserted on any of them. FFG certainly cannot distribute them, but they could POSSIBLY provide permission to post them in a publicly accessible place.


Copyright exists independently of whether it is asserted. In the United States, the requirement to declare "Copyright [YEAR OF COPYRIGHT] [COPYRIGHT HOLDER'S NAME], All Rights Reserved" as a pre-condition to an enforceable copyright ended on January 1, 1978.

If FFG has no copyright or trademark license, they cannot provide permission. They could say "here go host these under Fair Use" or "here go host these because there is no likelihood of consumer confusion", but those rights exist in the public by operation of law, so FFG's permission, refusal of permission, or ambivalence is completely irrelevant.

- Neil Wehneman


Edit: clarified by adding "in the public"; FFG could have given up their Fair Use or other rights by contract with Blizzard
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  • Edited Mon Feb 14, 2011 5:15 pm
  • Posted Mon Feb 14, 2011 5:08 pm
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landaras wrote:
fbranham wrote:
The next question:
Is is possible for BGG to host the last FAQs for these games?

I was looking at some of the FFG FAQ documents in my collection, and there is no copyright asserted on any of them. FFG certainly cannot distribute them, but they could POSSIBLY provide permission to post them in a publicly accessible place.


Copyright exists independently of whether it is asserted. In the United States, the requirement to declare "Copyright [YEAR OF COPYRIGHT] [COPYRIGHT HOLDER'S NAME], All Rights Reserved" as a pre-condition to an enforceable copyright ended on January 1, 1978.

If FFG has no copyright or trademark license, they cannot provide permission. They could say "here go host these under Fair Use" or "here go host these because there is no likelihood of consumer confusion", but those rights exist in the public by operation of law, so FFG's permission, refusal of permission, or ambivalence is completely irrelevant.

- Neil Wehneman


Edit: clarified by adding "in the public"; FFG could have given up their Fair Use or other rights by contract with Blizzard


Does this also mean that in theory Blizzard could pull a GamesWorkshop and have all Blizzard related game files removed under copyright laws?

And I used to look up to Blizzard... then Activision acquired them. soblue gulp
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  • Posted Mon Feb 14, 2011 5:16 pm
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Neil Wehneman
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Stexe wrote:
Does this also mean that in theory Blizzard could pull a GamesWorkshop and have all Blizzard related game files removed under copyright laws?


Anyone can demand anything. A common tool in the lawyering toolbox is called the "Demand Letter", where you, guess what, demand that another party take specific action. The GW fiasco came about due to a demand letter from GW's lawyers.

Unless and until there is a court order, there is no requirement under the law that the demands listed in the Demand Letter be taken.

Obligations under the law (i.e. assault is prohibited, copyright infringement is prohibited, etc..) generally exist without regard to whether someone has said "Don't assault me!" or "Don't infringe my copyright!" The Demand Letter generally is not a pre-requisite to criminal penalties or legal damages (as the case may be).

However, the penalty for failing in those obligations generally can't be applied until the matter gets in front of a judge. A Demand Letter usually concludes with "If we have not received [payment, assurances, transfer of the domain, whatever] within 30 days of the mailing of this letter, we will undertake [specific legal action, generally a lawsuit]."

In other words, the Demand Letter says "give us what we want, or we'll begin the process of convincing a judge that we're right." A well-written Demand Letter explains enough of the law to convince the recipient that the sender just might be right.

Now, under the DMCA, there's a special safe harbor for ISPs hosting potentially infringing content. They receive a special type of Demand Letter (sometimes called a notice-and-takedown letter), and if the ISP takes the material down in a certain period of time, they can't be held liable for any infringement, even if the demander ends up suing. (The actual infringer, i.e. the uploader, remains liable.)

There's significantly more to the DMCA notice-and-takedown provisions than that, but those are the parts that tend to play out.

I happened to be on vacation when the whole GW fiasco went down, but my understanding is that GW sent a broad Demand Letter to BGG that said "Take down all our stuff that's infringing." BGG likely scratched their head and said "Well, some of the GW uploads might be infringing, and some is likely Fair Use, but we're not lawyers, and lawyers are expensive, so we're just taking it all down!" This has the benefit of complying with the DMCA (assuming GW's Demand Letter met the DMCA's requirements in the first place), so GW can't sue them successfully, as well as meeting the Demand Letter and hopefully ending the whole fiasco.

So yes, Blizzard could send BGG a Demand Letter tomorrow, as could any of a number of rights-holders. Some of those Demand Letters might even be warranted under the law (although a great many would not be warranted due to Fair Use). The ball would then be in BGG's court to respond by compliance or refusal.

And, of course, any rights-holder could simply skip the Demand Letter and go straight to the lawsuit, but that's relatively rare (because demand and negotiation are generally more cost-effective than lawsuits).

- Neil Wehneman


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  • Posted Mon Feb 14, 2011 6:04 pm
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landaras wrote:
Now, under the DMCA, there's a special safe harbor for ISPs hosting potentially infringing content. They receive a special type of Demand Letter (sometimes called a notice-and-takedown letter), and if the ISP takes the material down in a certain period of time, they can't be held liable for any infringement, even if the demander ends up suing. (The actual infringer, i.e. the uploader, remains liable.)

There's significantly more to the DMCA notice-and-takedown provisions than that, but those are the parts that tend to play out.

I've been checking into this a bit lately because FFG sent a DMCA take down notice to Apple regarding Hey, That's My Fish! clone called Honey That's Mine.

It seems pretty simple to me. Party A puts something on a site. Party B feels Party A is infringing their copyright and so sends a take down notice to the site. Site receives notice and must take down material. Party A can send a counter-notice and if so, site may put material back up. If Party A sends a counter-notice and Party B does not file suit with 14 days, site is required to put material back up.
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  • Edited Mon Feb 14, 2011 6:31 pm
  • Posted Mon Feb 14, 2011 6:29 pm
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blindspot wrote:
landaras wrote:
Now, under the DMCA, there's a special safe harbor for ISPs hosting potentially infringing content. They receive a special type of Demand Letter (sometimes called a notice-and-takedown letter), and if the ISP takes the material down in a certain period of time, they can't be held liable for any infringement, even if the demander ends up suing. (The actual infringer, i.e. the uploader, remains liable.)

There's significantly more to the DMCA notice-and-takedown provisions than that, but those are the parts that tend to play out.

I've been checking into this a bit lately because FFG sent a DMCA take down notice to Apple regarding Hey, That's My Fish! clone called Honey That's Mine.


I think you mean Mayfair, not FFG.

blindspot wrote:

It seems pretty simple to me. Party A puts something on a site. Party B feels Party A is infringing their copyright and so sends a take down notice to the site. Site receives notice and must take down material. Party A can send a counter-notice and if so, site may put material back up. If Party A sends a counter-notice and Party B does not file suit with 14 days, site is required to put material back up.


Here's the statute...

17 U.S.C. § 512 wrote:

(g) Replacement of Removed or Disabled Material and Limitation on Other Liability.—

(1) No liability for taking down generally.— Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider’s good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

(2) Exception.— Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider—

(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;

(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.


Walking through these, and referencing the statute subdivisions...

(1) ISPs can take stuff down without liability if they have reason to believe it's infringing (such as from a demand letter), even if the ISP turns out to be wrong on the question of infringement

(2) But there's an exception. If the take-down is due to a DMCA notice, to preserve their immunity, the ISP needs to...

(A) inform the subscriber the stuff has been taken down,

(B) if the subscriber gives a counter-notice to the ISP [the counter-notice has its own requirements], the ISP must forward the counter-notice to the DMCA demander, along with a statement that the stuff is coming back in 10 business days,

and

(c) the ISP puts the stuff back up between 10 business days and 14 business days, unless the DMCA demander tells the ISP a lawsuit has been filed against the subscriber.



So yes, your summary is relatively accurate.

The counter-notice provisions don't come into play that often (most subscribers walk away after the take-down), so I don't have the counter-notice provisions memorized. I was hoping to avoid having to examine and walk through them , which is why I added my earlier note.

- Neil Wehneman


Edit: tweaked last paragraph
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  • Edited Mon Feb 14, 2011 7:33 pm
  • Posted Mon Feb 14, 2011 7:25 pm
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landaras wrote:
I think you mean Mayfair, not FFG.

Hey, I just report what I see, not what I know.

landaras wrote:
The counter-notice provisions don't come into play that often (most subscribers walk away after the take-down)

Which is a real shame if in fact they are in the right and simply don't understand their legal rights and/or the proper procedures.
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  • Edited Mon Feb 14, 2011 7:57 pm
  • Posted Mon Feb 14, 2011 7:57 pm
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blindspot wrote:


landaras wrote:
The counter-notice provisions don't come into play that often (most subscribers walk away after the take-down)

Which is a real shame if in fact they are in the right and simply don't understand their legal rights and/or the proper procedures.


Agreed.

- Neil Wehneman
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  • Posted Mon Feb 14, 2011 8:01 pm
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blindspot wrote:
Which is a real shame if in fact they are in the right and simply don't understand their legal rights and/or the proper procedures.


Unfortunately, even if you are in the right, it can cost quite a lot of money to get your day in court and prove it. It's much safer not to risk it.
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  • Posted Tue Feb 15, 2011 12:20 am
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I asked FFG. The reply:

Frank:

FFG will not stop you from posting the materials we offered on our website on gaming-related sites such as BGG.

Thanks,

Jeremy Stomberg



This makes things pretty clear. Their license terminated, they had to purge ANYTHING with Warcraft trademarks from their website, promotional materials....etc...etc. They can't distribute them anymore in any manner.

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  • Posted Tue Feb 15, 2011 12:27 am
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fbranham wrote:
I asked FFG. The reply:

Frank:

FFG will not stop you from posting the materials we offered on our website on gaming-related sites such as BGG.

Thanks,

Jeremy Stomberg



This makes things pretty clear. Their license terminated, they had to purge ANYTHING with Warcraft trademarks from their website, promotional materials....etc...etc. They can't distribute them anymore in any manner.



But it is not clear whether Blizzard would stop the posting?
 
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  • Posted Tue Feb 15, 2011 4:51 pm
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lfisher wrote:
But it is not clear whether Blizzard would stop the posting?

I don't think Jeremy can speak on behalf of Blizzard either way; he can only speak for FFG.

However, I think it's safe to say that while Blizzard may own the Warcraft trademarks, they do NOT own the copyright on the game rules and FAQs. If for whatever reason Blizzard objectived to the Rules/FAQs being posted as-is, I think fair-use (and FFG's response above) would indicate that posting the text of those documents would be outside Blizzard's control here on BGG.

I'm not a lawyer, though, so I could be mistaken, but I'm pretty sure FFG owns the copyright to all the text to the games (and perhaps even the actual artwork, unless it was pulled directly from Blizzard). Blizzard, to my understanding, only owns the trademark relating to the use of Warcraft and Warcraft-specific terms.
 
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  • Edited Tue Feb 15, 2011 4:58 pm
  • Posted Tue Feb 15, 2011 4:55 pm
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lfisher wrote:
fbranham wrote:
I asked FFG. The reply:

Frank:

FFG will not stop you from posting the materials we offered on our website on gaming-related sites such as BGG.

Thanks,

Jeremy Stomberg



This makes things pretty clear. Their license terminated, they had to purge ANYTHING with Warcraft trademarks from their website, promotional materials....etc...etc. They can't distribute them anymore in any manner.



But it is not clear whether Blizzard would stop the posting?



I wouldn't be surprised if the original license agreement has a non-disclosure provision in it.

Whether it's Blizzard requesting the purge, FFG purging of their own accord, or Blizzard and FFG having agreed 10 years ago to a purge, I doubt we are going to find out.

- Neil Wehneman
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  • Posted Tue Feb 15, 2011 4:59 pm
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Dear FFG,

Should you find yourself burdened with excess copies of W*****t games and expansions, please feel free to purge them to my home address. Don't worry, I won't pay you a cent because I don't want you to get into trouble.

Your Pal,


Neoshmengi
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  • Posted Wed Feb 16, 2011 4:08 am
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Without knowing the specifics on the contract that FFG signed with Blizzard, it's futile(but nonethless fun) to speculate.
 
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  • Posted Wed Feb 16, 2011 6:40 am
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Sorry dudes, gotta tell you the liberating truth: those board-games had never existed at all!
Check out wiky ( http://en.wikipedia.org/wiki/Fantasy_Flight_Games )..not a note of them ninja !and wiki's never wrong okay
(Considering a possibility that entire human-geek race was fooled by matrix hallucinations or something and what's in our shelves is kind of residual meta-existence or what, isn't it)
 
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  • Posted Wed Feb 16, 2011 5:06 pm
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spokosin wrote:
Sorry dudes, gotta tell you the liberating truth: those board-games had never existed at all!
Check out wiky ( http://en.wikipedia.org/wiki/Fantasy_Flight_Games )..not a note of them ninja !and wiki's never wrong okay
(Considering a possibility that entire human-geek race was fooled by matrix hallucinations or something and what's in our shelves is kind of residual meta-existence or what, isn't it)


Well that does say "Current Products".
 
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  • Posted Wed Feb 16, 2011 5:09 pm
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lfisher wrote:
spokosin wrote:
Sorry dudes, gotta tell you the liberating truth: those board-games had never existed at all!
Check out wiky ( http://en.wikipedia.org/wiki/Fantasy_Flight_Games )..not a note of them ninja !and wiki's never wrong okay
(Considering a possibility that entire human-geek race was fooled by matrix hallucinations or something and what's in our shelves is kind of residual meta-existence or what, isn't it)


Well that does say "Current Products".

Indeed. It doesn't list Battlemist or Disk Wars, either. (Though maybe the article should be updated to include "previous products" as well, I guess).
 
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  • Posted Wed Feb 16, 2011 5:17 pm
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Oskar-Jan Alukim


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so was it 'unproduced'?
(but if that is in the meaning like 'current offer to sale' sorry and shame on me for my Eng. ..and thnx, learning everyday!
 
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  • Posted Wed Feb 16, 2011 5:21 pm
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casperthegoth wrote:
But really, maybe the FFG lawyer just said "take it down to be safe".


Very likely.
 
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  • Posted Wed Feb 16, 2011 5:57 pm
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bryanwinter wrote:
casperthegoth wrote:
But really, maybe the FFG lawyer just said "take it down to be safe".


Very likely.

I'm not so sure. Without an explicit takedown notice, or unless it was specifically in the contract, I'm not sure FFG would have to take it down. IE, if Blizzard didn't say "take it down", but later wants them to, they'd issue the notice, but I don't think Blizzard could sue them without that first.

I don't think it was just "cover our butts", but that there was some active notice that the content must be removed.

Of course, I don't KNOW this for sure, but can only speculate based on the emails and new releases and such.
 
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  • Posted Wed Feb 16, 2011 7:22 pm
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Interestingly, the FFG games are still available for sale in Blizzard's web store.
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  • Posted Wed Feb 16, 2011 10:27 pm
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solidonelove wrote:
Interestingly, the FFG games are still available for sale in Blizzard's web store.


Where? I was looking the other day, and again now, but I find nothing.
 
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  • Posted Thu Feb 17, 2011 1:04 am
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The WoW PDFs are still on the site, just unlinked. Google is your friend.

Makes me wish I had bought more WoW stuff in the FFG holiday sale.
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  • Posted Thu Feb 17, 2011 2:24 pm
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SlikkRikk wrote:
Awesome, I really enjoy Campaign Manager. I love Yucata.


Ditto. To both.
 
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  • Posted Thu Feb 17, 2011 2:48 pm
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solidonelove wrote:
Interestingly, the FFG games are still available for sale in Blizzard's web store.


Why is it interesting? The Blizzard's web store is just another retailer. They have the game in stock, so they can still sell it.
 
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  • Posted Thu Feb 17, 2011 3:40 pm
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lfisher wrote:
solidonelove wrote:
Interestingly, the FFG games are still available for sale in Blizzard's web store.


Where? I was looking the other day, and again now, but I find nothing.


http://us.blizzard.com/store/browse.xml?f=c:3,c:11
 
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  • Posted Sat Feb 19, 2011 12:20 am
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solidonelove wrote:
lfisher wrote:
solidonelove wrote:
Interestingly, the FFG games are still available for sale in Blizzard's web store.


Where? I was looking the other day, and again now, but I find nothing.


http://us.blizzard.com/store/browse.xml?f=c:3,c:11



haha I totally thought it was referring to FFG store. I must have misread it. Thanks for that.
 
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  • Posted Sun Feb 20, 2011 7:03 am
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  • Posted Tue Mar 8, 2011 11:06 am
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The Warcraft and Doom documents are located on the Fantasy Flight Product Archive Page.

From their top menu, 'More...' -> 'Product Document Archive'

http://www.fantasyflightgames.com/edge_nrep.asp?eidm=19
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  • Posted Wed Apr 20, 2011 1:52 pm
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