machfront
11th level Troll
Stalwart of the Trollbridge
"Let's go dark!"
Posts: 2,147
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Post by machfront on Jan 11, 2010 5:48:46 GMT -5
I've been talking with "that guy" since all of this happened - he plans on continuing to sell his books in PDF and print on demand forms, but won't be doing any more print runs. He owns all of the stuff that people wrote for him, and claims he needs no one's permission to publish T&T material of any kind. Those of you which submitted anything to him need to realize that he's set things up in a way where there's little anyone can do about it. The magazine stuff though, might be a different sort of agreement (I'm not sure), so some of you may want to look into where your rights to that material stands. I must admit this fascinates me. Through the entire hue and cry that transpired of late and ever since, James has not made any sort of apology, or explanation or anything and has consistently refused to communicate with the folks that were most important for him to do so with, but yet, he's communicated with you throughout this mess? Odd.
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Post by ragnorakk on Jan 11, 2010 8:58:41 GMT -5
What did he have to say? Like about everything?
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Post by illustriouslife on Jan 11, 2010 16:45:42 GMT -5
I've been talking with "that guy" since all of this happened - he plans on continuing to sell his books in PDF and print on demand forms, but won't be doing any more print runs. He owns all of the stuff that people wrote for him, and claims he needs no one's permission to publish T&T material of any kind. Those of you which submitted anything to him need to realize that he's set things up in a way where there's little anyone can do about it. The magazine stuff though, might be a different sort of agreement (I'm not sure), so some of you may want to look into where your rights to that material stands. I must admit this fascinates me. Through the entire hue and cry that transpired of late and ever since, James has not made any sort of apology, or explanation or anything and has consistently refused to communicate with the folks that were most important for him to do so with, but yet, he's communicated with you throughout this mess? Odd. I guess it is odd, I had never thought about it. Has he ignored everyone else? There's a few reasons why I think he would have replied to me but even in him doing so I don't think he's going to share any truth with me that hasn't already been figured out or told to someone else. If I could, I would pick up the OP stuff for reprinting - some of it - and maybe I can. BUT, I wouldn't pay James a dime for doing it because the actual author would never see a penny and it just wouldn't be right. Ugh, it's so frustrating to see all of that good work (especially Ken's!) go to waste...
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Post by ragnorakk on Jan 11, 2010 19:21:24 GMT -5
I guess it is odd, I had never thought about it. Has he ignored everyone else? There's a few reasons why I think he would have replied to me but even in him doing so I don't think he's going to share any truth with me that hasn't already been figured out or told to someone else. If I could, I would pick up the OP stuff for reprinting - some of it - and maybe I can. BUT, I wouldn't pay James a dime for doing it because the actual author would never see a penny and it just wouldn't be right. Ugh, it's so frustrating to see all of that good work (especially Ken's!) go to waste... Yeah, I wouldn't think giving OP money for things he's got no rights to is a bad notion. In this context, we don't have to see anyone's good work go to waste - where you can get in touch with the original authors, I doubt any of them would not be interested in having their work reprinted in a legit endeavor. The biggest bogeyman about this is that "that guy" somehow has more rights to material he didn't write than the author! He doesn't! For example - if you got the okay from all the authors and artists that appeared in Hobbit Hole #1, you could print a magazine that had all the same content. The rights to do so would not lie with "that guy" save the content he himself wrote. You must know him better than I do, since I don't know him at all.
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Hogscape
11th level Troll
Stalwart of the Trollbridge
It's not the years, it's the mileage.
Posts: 2,126
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Post by Hogscape on Jan 11, 2010 22:16:26 GMT -5
Spot on Rag. No contract, no rights.
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Post by cartomancer on Jan 11, 2010 23:28:43 GMT -5
Well, you know guys with the advent of Trollzine, my more, shall we say 'primordial' self suggests that maybe we should have a little word with the original authors to see what they might be willing to release to us for the zine... I know it sounds like a bit of a long shot but, if RPG's have taught me anything (particularly TnT SR's) it's that nothing is impossible. I mean, looking at the meta game so to speak, there is a LOT of negative press on this issue and i cant see any author, artist or, well anyone wanting to be associated with it. So we simply offer them a hand and, also appeal to one of the most basic of all human reactions, in that if someone isn't getting a fair split they'll generally rather take nothing than allow the other person to have more than a fair share. Anyhow, i digress. I guess what i'm saying is Hogscape is right, no contract, no rights (in respect to Shipmans claims he can do whatever he likes) and, has anyone spoken to any of the authors?? (sorry if this has already been covered but, i am coming into this one pretty far in). Oh, one thing i did read earlier through the thread was that "that guy" was playing legal eagle with us. Well, two can play at that game and, i play to win! My understanding is that he says that he needs no permision to use the FBI name (as well as his having taken the IP of a number of authors). Now unfortunately, i would have to say that as far as i can see there is very little we can do about the IP but, as Flying Buffalo Inc has an industrial copyright attached to it, The Digital Millenium Copyright Act of 1998 gives all the power back to Rick. It outlines that he can force the material to be removed from the lulu servers themselves (else they'd face prosecution in accordance with the ammendment) and, that "that guy" couldn't block this as he has violated the Copyright by saying that he has printed the work with permission. It'd be d**n hard for him to turn a profit without a product!! Oh, here's a brief of the ammendment in question www.copyright.gov/legislation/dmca.pdfPower to the People!!
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Hogscape
11th level Troll
Stalwart of the Trollbridge
It's not the years, it's the mileage.
Posts: 2,126
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Post by Hogscape on Jan 11, 2010 23:39:47 GMT -5
In Rick's open letter to Trollhalla members he said he could and would sue OP if he had the cash and energy.
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Post by cartomancer on Jan 11, 2010 23:52:36 GMT -5
In Rick's open letter to Trollhalla members he said he could and would sue OP if he had the cash and energy. Ah, yes i think i remember reading something about that on here (i'm not on Trollhalla as i don't have the funds to finance a membership) but, i had forgotten till you just brought it to the fore front of my mind. Cash wise, it probably wouldn't cost him a cent but, as for energy, only Rick can resolve that. I guess it's just my personal feeling that people shouldn't be allowed to get away with this kindda thing. "that guy" crossed a line and, should be made to pay as such.
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Ea
2nd Level Troll
Posts: 62
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Post by Ea on Jan 12, 2010 0:33:37 GMT -5
Maybe a bit off topic, but Cartomancer, you can ask Ken for a free guest membership to Trollhalla. As it states on the Trollhalla log-in page: "The Trollgod has started a not-so-secret club with an exclusive membership. Membership is free now. You simply have to want to join. If you'd like to be a member of Trollhalla, please email me. If a member of Trollhalla, you would be, you must answer questions three: 1. Your name and complete mailing address. 2. The Trollish name you would like to be known by [...] 3. The password you would like to use for signing in [...]" You can e-mail Ken from the "email me" link here: www.trollhalla.com/So, what are you waiting for? Come join us! ;D
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Hogscape
11th level Troll
Stalwart of the Trollbridge
It's not the years, it's the mileage.
Posts: 2,126
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Post by Hogscape on Jan 12, 2010 2:23:58 GMT -5
I thought Trollhalla was free these days? Wilo and Chad just joined up.
US legal system... No charge? Hmmm not sure I can swallow that.
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Post by Aramis of Erak on Jan 12, 2010 3:17:21 GMT -5
US legal system... No charge? Hmmm not sure I can swallow that. Only because it's criminal side, not civil.
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Post by Toad-Killer-Dog on Jan 12, 2010 10:15:55 GMT -5
I know this may sound hopelessly naive, but what if we put together a petition of all the contributing writers & artists stating our desire to not see our work re-printed.
Or in my case and possibly many others our desire to not have our unprinted work used to continue his disreputable business.
I don't know if it will do any good, but a show of solidarity might prove the conviction of our intent.
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Post by hrrrothgarrr on Jan 12, 2010 12:04:01 GMT -5
As one of the authors who was published in HH and DD, sometimes material I submitted, othertimes material "that guy" cribbed on his own from Trollhalla postings and Trollmails, I never signed a contract. The material I did send him was for publication ion the magazine in exchange for a contributor's copy. Nothing more.
I doubt that pettitioning him will produce any effect. Better to tell LULU if you feel your work is being reprinted there by "that guy" without your permission.
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Post by cartomancer on Jan 12, 2010 13:34:54 GMT -5
As one of the authors who was published in HH and DD, sometimes material I submitted, othertimes material "that guy" cribbed on his own from Trollhalla postings and Trollmails, I never signed a contract. The material I did send him was for publication ion the magazine in exchange for a contributor's copy. Nothing more. I doubt that pettitioning him will produce any effect. Better to tell LULU if you feel your work is being reprinted there by "that guy" without your permission. Yeah, Lulu can't host material if it's against the authors wishes and, as there was never a contract signed, "that guy" cant do squat.
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Post by cartomancer on Jan 12, 2010 13:45:41 GMT -5
Maybe a bit off topic, but Cartomancer, you can ask Ken for a free guest membership to Trollhalla. As it states on the Trollhalla log-in page: "The Trollgod has started a not-so-secret club with an exclusive membership. Membership is free now. You simply have to want to join. If you'd like to be a member of Trollhalla, please email me. If a member of Trollhalla, you would be, you must answer questions three: 1. Your name and complete mailing address. 2. The Trollish name you would like to be known by [...] 3. The password you would like to use for signing in [...]" You can e-mail Ken from the "email me" link here: www.trollhalla.com/So, what are you waiting for? Come join us! ;D Thanks for letting me know! I've just sent a mail to Ken now. :0). *Exhalt*
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