[Insert burst of laughter coming from literally everywhere.]
You’re right. You’re right. Scratch that.
In the beginning, there were lawyers — but nobody used them because people were friends with each other and hobbies were still just hobbies.
Everybody borrowed from everybody else like there was no tomorrow.
There were two Duchies of Tenh, and that never constituted a problem.
There were two different spacecrafts that had crashed on two fantasy worlds, and it was fine.
And who came first, Tsathoggua or the Ahoggyá?
The “Eyes” of Tékumel are probably what gave Gygax and Blume the idea for the Beholder. Nobody can read the following list and say that it doesn’t sound and feel exactly like a list of Beholder eye rays.
The recent Braunstein drama was a sad thing to behold, no pun intended.
“Only those who had the chance to play the game with Maj. David Wesely know what a Braunstein really is, and only those people can run a proper Braunstein game and call it a Braunstein. Otherwise, it’s theft.”
But what’s being stolen exactly? Maj. Wesely never published anything.
If someone at a bar says the name “Klaus Ken” as a joke in reference to Klaus Barbie, and you decide to name your next RuneQuest villain Klaus Ken, is it theft?
Arneson, Wesely, Megarry, Gygax, Kuntz, Barker and Blume all borrowed from each other, and it was no big deal.
Duane Lee Jenkins’ Brownstone falls into the same category: no rules were ever published, and game mechanics aren’t copyrightable anyway. All we know for certain is that Brownstone was a Western themed game — Boot Hill with wargame undertones if you will — and that Arneson played a recurring character named El Pauncho.
You can run a game of Brownstone whenever (and however) you want; you’ll have to borrow stuff from other games or pretty much make everything up, but nobody can sue you. Sadly, Mr. Jenkins passed in 2016.
The thing is, even if one day someone finds a rough sketch of a never-seen-before Star Wars vehicle made by Lucas himself on a napkin in ’75… it still belongs to Disney and there’s nothing you can do about it. You won’t be able to “publish” the design of that original vehicle because it is part of the IP, even if that particular sketch wasn’t known to the buyer at the time.
I think that’s why Gail Gygax won’t publish the remaining 15 or 20 pages of the original Castle Greyhawk — because there is no point in doing so. “Greyhawk” and “Castle Greyhawk” already belong to Wizards of the Coast and Hasbro. What material is there to publish, then? Just 15 old maps with no names on them?
Back in the day, Duane Jenkins publicly said that he was going to run a “Wild West Braunstein.” Does that mean that Maj. Wesely — once his rules are finally published — also owns Brownstone, because Brownstone was just another Braunstein?
And what about Blackmoor? Dave Arneson advertised his very first session as a “medieval Braunstein,” didn’t he? Is Blackmoor also just another Braunstein?
The Fellowship of the Thing owns part of the Blackmoor IP, WotC owns the DA modules, some other Blackmoor elements might or might not belong to Zeitgeist Games, nobody knows, it’s like trying to find out how many episodes of our college radio program Colette and I made back in 1990. Good luck with that. Internet people want you to believe that everything is on the Internet. Newsflash: not everything is on the Internet. But I digress.
It is also unclear who owns Supplement II and the First Fantasy Campaign.
Again, in the beginning they were all best buds and all borrowed freely from one another.
Jeff Berry aka Chirine ba Kal has played for years and years in Professor Barker’s Tékumel campaign, and has written an entire book on his character’s adventures in that stunning world. But the Professor passed in 2012, alas, and the ones who now hold the rights to Empire of the Petal Throne and the world of Tékumel insist that Jeff cannot publish his book because it would infringe on their IP. So we won’t be able to read the story of one of the most influential player characters in all of EPT because the IP holders don’t agree? It’s absurd. Imagine if we knew nothing about Tenser or Sir Robilar.
None of this would be happening if Barker was still with us.
Imagine all that would have been lost if Steven Erikson had said to Esslemont: “No, you cannot publish your novels. The Malazan world is mine and mine alone.”
Thank the gods those two are still sharing and borrowing from each other like it’s 1975. But Erikson and Esslemont are not the rule, they’re the exception.
Jeff cannot sell his book, but he can publish it as a free PDF; and obviously as soon as said PDF is out, all kinds of AIs are going to scrape it and they’re going to profit from that.
So here’s the TL;DR. You work on a book for eleven years, revise it and polish it, and you can’t make a cent off of it — but others will. That’s where we are.
Some folks are allowed to steal and are scraping this here blog post right this moment, and some other folks can’t even talk about stuff that actually happened to them in real life.
I seem to recall a conversation on Xwitter about original characters created within a Star Wars Actual Play, but such fan-made characters didn’t belong to the people who created them. I searched for half an hour but I can’t find that discussion anywhere. I should have taken screenshots.
If you go to several Renaissance faires over the course of a year, can you write a book about that lifestyle, or is it an infringement of the Ren faire IP?
If you and a bunch of friends did the very first Burning Man back in ’86, can you tell that wild story in a book, or is it an infringement of the Burning Man IP?
If you had the privilege of working as a gaffer on the set of Halloween in 1978, can you write a book about that experience, or is it an infringement of the Halloween IP?
The role-playing game Dread uses a Jenga tower; is that IP infringement?
Arneson did not pay royalties to Wesely when he ran his “medieval Braunstein.”
Gygax and Blume did not pay royalties to Barker.
Esslemont doesn’t pay royalties to Erikson.
I wonder if Rob Kuntz will be able to sell his books on the genesis of D&D and the Fourth Category of Games. Is he allowed to print the name Dungeons & Dragons? Is he allowed to say “Dungeon Master” and “Greyhawk” and the rest? I hope so, but I just don’t know anymore. I’d rather gouge my eyes out than go to law school. If I write an adventure I can’t use the words Dungeon Master, but Sly Flourish sells his book The Lazy Dungeon Master and that seems to be perfectly fine. So go figure.
Maj. David Wesely deserves respect and recognition of course, but those who now surround him and want to get a hold of his untapped IP are going about it the wrong way.
This is our world now. LLCs sweep up every little crumb and make a few cents or even a buck with them.
Every book is a crumb, every blog is a crumb, and Braunstein is just one more crumb.
Jeff Berry deserves to be able to sell his book, and Rob Kuntz too. Not just as free PDFs.
Friends who borrow freely from each other and rapacious LLCs are two completely different things.
Friends who borrow freely from each other and corporate-owned AIs that scrape every media available are two completely different things.