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Respond to Hortan's Emails About Writing

Sep 01, 2009 smittens link
http://www.vendetta-online.com/x/msgboard/3/21875#270437

"I have contacted Guild several times about publishing my stories but they have not answered"

Hortan is a valued member of the community who constantly entertains and pleases the audience. He should get an answer, even if it is a simple "No" (Or more likely, a we-don't-have-the-time-to-look-into-it, which is still a perfectly valid answer!)
Sep 01, 2009 Dr. Lecter link
we-don't-have-the-time-to-look-into-it, which is still a perfectly valid answer

Particularly here in VO.
Sep 01, 2009 vskye link
Agrees. Horton's stories are always entertaining and written very well. A simple answer would be appropriate.

Every Sunday I would look forward to reading the latest from "Vengeance, a hollow feeling."
http://vendetta-online.com/x/msgboard/7/20554
Sep 01, 2009 Whytee link
ehm, whodonewhat?

I interpreted the silence from the devs as consent until further notice and published the stories regardless.

But thanks for the support:)

Now, "back to writing!" ***sounds of whips cracking***
"Yess masterrr"
Sep 01, 2009 Dr. Lecter link
I interpreted the silence as consent

I hear he employs a similar analysis on passed-out female guildmates . . .
Sep 01, 2009 Whytee link
Slander! Lies! You have no proof! Why, I have never... John, what is the man talking about?

Sharp one Dr. Lecter:)
Sep 01, 2009 FatStrat85 link
You can always count on Lecter to take advantage of a good rape joke opportunity...
Sep 01, 2009 Dr. Lecter link
Hey, I'm not criticizing [TGFT]'s ways, Strat. Like we used to say in [SCAR]:

The issue here is not whether we broke a few rules, or took a few liberties with our female party guests - we did.
But you can't hold a whole guild responsible for the behavior of a few, sick twisted individuals.
Sep 01, 2009 LeberMac link
Wait, Hort's published his stories?!?

Where?
Sep 01, 2009 Whistler link
You are probably safe enough if the stories are not being sold.
Sep 02, 2009 Whytee link
That was my idea too. But what happens when they are being sold?

Now they are published here:

http://issuu.com/search?q=&st=document&tusr=whytee&in=user

I know this is "only" online, but it is that elusive of all things, free!
Sep 02, 2009 Dr. Lecter link
Devs, you know better than this. Or you should, after a 90 second skim of the Wikipedia entry on U.S. copyright law.
Sep 02, 2009 toshiro link
'Yeth Marthther'
Sep 05, 2009 incarnate link
I had kind of a crummy week and didn't know about this thread until just now. Sorry I didn't respond, Whytee, I imagine your emails are somewhere in my inbox flagged "important". Stuff falls through the cracks, it's nothing personal.

There are two topics here, that I see: the free publication of Fan Fiction, and the potential of paid publication.

Fan Fiction is a fact of life, and fundamentally I see it as quite flattering: people wish to develop new stories and content within the setting of the universe and backdrop that I (pretty much solely, in this case) created. I imagine Lecter has the standard Attorney view of it, but most companies these days are pretty reasonable. Blizzard holds WoW creative writing contests, Lucas says it's ok if you stick to certain guidelines, etc (also, WoW has a truly staggering amount of fanfiction, and Star Wars vastly exceeds WoW). The legalities of fanfic are also debatable, although as Lecter says, US Copyright law is pretty clear (all is Derived that is not Parody. Publishing of derived content is subject, inherently, to our approval).

My take on fanfic is the following (based roughly on the LucasArts guidelines):

- We retain all copyrights to the VO universe/locations, backstory and characters thereof.
- All official VO content is canonical, and nothing else is, period. "VO content" includes the backstory, in-game missions, etc. If it is changed or updated, then the current version becomes canonical.
- Any fanfic should be plainly labeled as such, and state that it is not canon.
- All fanfic should be available completely for free, with no derivation of income for the author.
- Fanfic should not degrade VO canonical characters or the characters of developers.
- I would greatly prefer if fanfic avoided sexually explicit content.

Anyone who wants to publish something non-free (charge to the reader) or for-profit (where income is possible) should have a pre-existing business contract or other written agreement with Guild Software, Inc (and, most likely in such a situation, we would be publishing it). I generally support free VO-fanfic, but I'm not excited about someone making money off of it without our explicit approval and involvement. I would rather roll it as an "Expanded Universe" type of concept and make it official. But this would require my agreeing that it was canonical. Aside from this, I'm also really freakin' busy, so doing any kind of business deal like that could take quite a bit of time.

I hope this makes sense and doesn't seem too limiting or draconian. I'd like to support free fanfic as much as possible (Blizzard's contest is a pretty cool idea), as long as it doesn't significantly weaken our copyrights or endanger the company.
Sep 05, 2009 TehRunner link
is it even possible to publish (possible profit version)fanfic that is freely distributed? As in, is there a kink in intellectual property about stuff already made freely available that can't be published?
Sep 06, 2009 Whytee link
It is a very good response Inc. Clear and to the point. I'll keep on churning out stuff and publish it as long as it is free. Although I have not labeled it specifically as fanfic, I have followed the other "rules" you set up.

If you want some stuff published at a later date, give a shout when/if you have time.

You can remove the "important" flag from the mail now:)
Sep 06, 2009 Dr. Lecter link
I imagine Lecter has the standard Attorney view of it, but most companies these days are pretty reasonable.

That's a stance "most companies" take because they have the ability to hire counsel to deal with situations where things go sideways. Guess what? Guild SW is not "most companies" in that regard--billing rates have come down at other firms in these troubled economic times, but not that much.

Inc., you're correct about the correctness of my point, but I was stating a premise, not a conclusion. You need to take that whole "it's all technically an infringement unless we license it" thing and, while keeping it firmly in mind, take a look at the doctrine of latches.
Sep 08, 2009 incarnate link
Actually, there's quite a strong argument that "most companies" do what they do, because doing otherwise is a PR nightmare and an exercise in futility. Not because they have legal staff. If someone starts generating income based on our IP, I'll scrounge to bring legal power to bear on the issue.

In any case, I have to look at a bigger picture than the simple copyright law. Especially as a small company. It doesn't help me to C&D every fanfic author, there may be interesting legal ramifications down the road, but the benefits of a healthy/happy game community currently outweigh the probable risks.