TSR Legal Responds to the Debate:
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From: [m--bi--s] at [Mercury.mcs.com] (Rob Repp)
Newsgroups: rec.games.frp.dnd
Subject: Re: A WARNING TO WRITERS (was Re: .sig free Announcement)
Date: Tue, 20 Sep 1994 10:40:16 -0500
Organization: TSR, Inc.

From our legal department. Enjoy:

Saying that "TSR owns this stuff" does not create a protective spell or duck
the issue of authorized use. For example, an unauthorized adventure (derivative
work) set in TSR's FORGOTTEN REALMS adventure world (underlying work) infringes
TSR's copyrights. Acknowledging TSR's ownership of the underlying work and your
unauthorized use does not make you a hero-wizard (it does not exonerate the
infringement).

Before you hire a lawyer, here's some copyright law regarding protection (this
holds true for all companies): Court decisions on copyright law have held that
game IDEAS are not protected by copyright, but the EXPRESSION of those ideas is
protected. Thus, the idea of a maze-chase game, or an asteroid game, or a space
ship with attacking aliens game is not protected. However, the concrete details
of those games are protected.

Here, the idea of a fantasy role-playing game in which players play characters
in a fantasy world run by a game master and use dice to determine various
aspects of the game is not protectable. The existence of numerous unique
fantasy role-playing games is testament to the fact that there are many
different ways of expressing the idea of a fantasy role-playing game
(Broderbund v. Unison). TSR's particular expression of that idea, the AD&D game
mechanics, is protected under copyright. The fact that the game mechanics may
be described as a "system" is immaterial (Lotus v. Borland).

Several people have asserted that a case brought by Palladium against Wizards
of the Coast prevents TSR from asserting copyright protection for its game
mechanics. In fact, there was (no?) such decision in that case because it was
settled before trial. The only order by the court in that case was against
Wizards of the Coast on its summary judgment motion.

(R) and TM designate trademarks owned by TSR, Inc. (c) 1994 TSR, Inc.
All Rights Reserved.

(Editorial comment: I'm assuming she meant "no such decision" though the
"(no?)" was added by yours truly to make sense of the sentence.)