			    TRAVELLER Digest 191

Topics covered in this issue include:

  1) Re: Wings of Honneamise	by Duncan Law-Green <dlg@jb.man.ac.uk>
  2) It's all Zdetl to me...	by nicklaw@cix.compulink.co.uk (Nicholas Law)
  3) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  4) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  5) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  6) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  7) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  8) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)
  9) On Copyrights and GDW...	by jeff.zeitlin@execnet.com (JEFF ZEITLIN)

----------------------------------------------------------------------

Date: Sun, 12 Feb 1995 18:11:53 +0000 (GMT)
From: Duncan Law-Green <dlg@jb.man.ac.uk>
To: Traveller ML <traveller@MPGN.COM>
Subject: Re: Wings of Honneamise
Message-ID: <Pine.SOL.3.91.950212174721.3419A-100000@fafnir>


Jack Dietz <jdietz@cs.ucsd.edu> wrote:--

> Wings of Honneamise / Royal Space Force is also showing this Monday, [snip...]
> It's been described by newspaper critics as being like a cross between
> The Right Stuff and An Officer And A Gentleman, and IMHO the comparisons
> don't do the movie justice.  The story is moving and the animation is
> incredible.  It's a damn fine film.

I'd second that...the standard of the animation is excellent, though I 
must say I did find the story a little slow-moving for my tastes at times...
(OK, so I was watching it in the original Japanese, with a English script 
on about 30 feet of fanfold paper in my lap, so maybe I didn't appreciate 
it as much as I could :) but I still enjoyed it...)

TMLers in the UK may be interested to know that WoH will be released on 
video by Manga Video (aka Mangle Video, aka "Never mind the quality, look 
at the tentacles" Video) "shortly" (sometime in the next month or so...). 

For ref's looking for a few new scenario ideas, Japanese SF animation is 
certainly worth a look...

Cheers

Duncan
======

\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\0///////////////////////////////////////
Recovered from the bridge voice tapes of a Reformation Coalition warship:-

	Captain: Dammit, give me a firing solution on that Virus ship NOW!
	Ensign: I can't, sir...the beads have come off my abacus...
//////////////////////////////////0\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\

------------------------------

Date: Sun, 12 Feb 95 20:34 GMT
From: nicklaw@cix.compulink.co.uk (Nicholas Law)
To: traveller@MPGN.COM
Cc: nicklaw@cix.compulink.co.uk
Subject: It's all Zdetl to me...
Message-ID: <memo.431078@cix.compulink.co.uk>

Grant Sinclair asked in Digest 190:

> I am trying to find the official name of the Zhodani language. 
> I have seen it called Zdetl or Zhetl in unofficial documents,
> though the former is supposedly from the Rebellion Sourcebook. 
> However, my copy of the Rebellion Sourcebook, copyright 1988, on
> page 63, gives the name of the Zhodani language as Zhdant (the
> same as the homeworld name).  
> Could someone please tell me if Zhdant is correct, or whether
> there was a later edition of the sourcebook that changed it to
> something else, or what?

>From the MegaTraveller Referees Companion (1988) p.93 Alien 
Languages:

"The Zhodani call their language Zdetl; the present form of Zdetl 
was formally proclaimed the official language of the Zhodani 
Consulate on the occasion of the 300th Olympiad. [about 1550BC? ] 
Some dialects of the language exist, but they tend to be the 
jargon of specofic occupations rather than true differences in 
language."

and, MegaTraveller Referees Companion (1988) p.63 Zhodani:

"The following are terms in Zhdant......Zhdant: The language of 
the Zhodani."

Yes, the book contradicts itself -- not for the first time in 
Traveller's long history  ;-) . I suppose calling the language 
Zhdant is a bit like calling anglic 'terran' -- you could get away 
with it, but it's not strictly accurate; the sort of mistake an 
ill-educated alien might make.

This any help?
Nick


------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.010004185F.uuout@execnet.com>


(Continued from previous message)


        GDW's _behavior_ to date, with respect to this list, has
        said nothing, even with the number of postings of ships,
        weapons, casual encounters, alternate histories, pocket
        empire scenaria, RICE Papers, et alia, that have passed
        through these lists and their predecessors at engrg.uwo.ca.
        One could be led into thinking that GDW follows the FASA
        philosophy on this issue - but it could be a disappointing
        error to do so.

        We readers of the list are not the only ones who must be
        careful.  Rob Miracle, MPGN's administrator (or one of
        them) has refrained from copying over the Sunbane archives,
        or from creating a new archive at MPGN because of
        uncertainty with regards to GDW's policy.  I have written
        (and collected from other posters) material which would
        certainly belong in such an archive, and as I recall, some
        samples are in GDW's hands.  We are still awaiting a
        statement from GDW as to whether this material can be
        placed in a publically-available archive.

        I am therefore asking publically, as I said above, for some
        sort of policy/attitude statement from GDW on this
        important issue.  I eagerly await such a reply.
==========================================================================
Jeff Zeitlin                                      jeff.zeitlin@execnet.com

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Material in the above statements may include Trademarks and 
Registered Trademarks of various companies.  It may also include 
material that is copyrighted by those companies on various dates.  
Such are used without permission.  Any use of such copyrighted 
material or trademarks in this file should not be viewed as a 
challenge to those copyrights or trademarks.  
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
---
  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.010004185E.uuout@execnet.com>


(Continued from previous message)

>>
>> FL
>> Licensee          ld_
>> Reporting period     ld_
>> Date of this report         ld_
>>
>> PRODUCT                UNITS      COVER    TOTAL RETAIL    ROYALTY ROYALTY
>>                        SOLD       PRICE        VALUE        %AGE   PAYABLE
>>
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>> ld_
>>
>>     TOTAL ROYALTY DUE FOR PERIOD  ld_
>>
>>     ld_
>>     For Licensee
>>
>> PG
>>
>> PG FCATTACHMENT B REQUIRED MARKINGS
>>
>>  FLUse of the GAMENAME mark on any LICENSED PRODUCT must be accompanied by
>> the "encircled R" symbol signifying that it is a registered trademark.
>>
>>  The following acknowledgement must appear on all packaging and introductory
>> screens for LICENSED PRODUCTS:
>>
>>  GAMENAME is a trademark of Steve Jackson Games Incorporated, used by
>> permission. All rights reserved.
>>
>>  The GAMENAME game is copyright (c) 19xx by Steve Jackson Games Incorporated
>> This product includes copyrighted material from the GAMENAME game, which is
>> used by permission of Steve Jackson Games Incorporated. All rights reserved
>> Steve Jackson Games Incorporated.

Yes, the wording is dense, and yes, some of the provisions are
one-sided.  But in my estimation, it is a license that most
creators can live with (I am not a lawyer, by the way).  FWIW, I
understand that this was worked out _before_ the TSR brouhaha, but
I could be wrong on it.  Certainly, I requested it before FASA and
Chaosium published their policies.

GDW will no doubt remember the flap caused by Kevin Siembada/
Palladium a while back, which ended up with almost nobody writing
_anything_ about any Palladium product since, and which almost
killed Wizards of the Coast.  I fear that TSR is going to go down
that path, in the name of trying to maintain total control over
that which is by its nature is not amenable to such control.

Obviously, I would prefer that GDW follow the route of FASA and
Chaosium, rather than that of Palladium and TSR.  I would consider
the Steve Jackson Games route to be more acceptable than the TSR
route, but less desirable than the FASA route.

Therefore, I am asking publically:

        What are GDW's intentions on this issue?  The previous
        "policy statement" does not make it clear, and the
        situation has changed somewhat since its formulation.

        I am not asking GDW to consult with high-priced lawyers to
        come up with a bulletproof cast-in-stone policy; I am
        asking for a statement of general attitude on the part of
        GDW, so that those of us who _do_ create can know just how
        far we can go, and how far we cannot go.

(Continued to next message)
---
  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.010004185D.uuout@execnet.com>


(Continued from previous message)

>> action, and damages, including attorney's fees, caused by or arising out
of
>> LICENSEE's use of the LICENSED MARK, the workmanship, material or design
of
>> any LICENSED PRODUCT, including without limitation claims or actions for
>> personal injury (physical or mental), death, product liability, invasion
of
>> privacy, defamation, and patent, copyright, right of publicity or
trademark
>> infringement. SJ Games retains the right at all times to retain, at
LICENSEE
>> expense, counsel of SJ Games' own choosing to tender its own defense. SJ
Gam
>> retains the right to approve all settlements of all claims or suits.
>>
>> 14. NOTICES
>>  All notices or demands required or permitted under this agreement shall
be
>> writing and shall be deemed served when deposited in the United States
mail,
>> first class postage prepaid, certified or registered mail, return receipt
>> requested, addressed as provided in Paragraph 1 of this agreement, or to
suc
>> other address as either party may from time to time designate in writing.
>>
>> 15. STATUS OF PARTIES
>>  This agreement is not intended to create, and shall not be interpreted or
>> construed as creating, a partnership, joint venture, agency, employment,
>> master and servant or similar relationship between SJ Games and LICENSEE,
an
>> no representation to the contrary shall be binding on SJ Games.
>>
>> 16. BINDING EFFECT
>>  This agreement shall be binding on and inure to the benefit of SJ Games
and
>> LICENSEE and, subject to Paragraph 9:1 above, their respective successors,
>> assigns, executors, heirs and personal representatives.
>>
>> MDBO17. LAW GOVERNING
>>  THIS AGREEMENT SHALL FOR ALL PURPOSES BE GOVERNED BY AND INTERPRETED AND
>> ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES
HERE
>> AGREE THAT ANY ACTION ARISING OUT OF THIS AGREEMENT MAY BE LITIGATED UNDER
T
>> LAWS OF TEXAS, AND HEREBY AGREE TO SUBMIT TO THE JURISDICTION OF THE
COURTS
>> THE STATE OF TEXAS, AND THAT SERVICE OF PROCESS BY CERTIFIED MAIL, RETURN
>> RECEIPT REQUESTED, SHALL BE SUFFICIENT TO CONFER IN PERSONAM JURISDICTION
OV
>> THE PARTIES HERETO. MDNM
>>
>> 18. MISCELLANEOUS
>>  18:1 The provisions of this agreement are severable, and if any provision
>> shall be held illegal, invalid or unenforceable, such holding shall not
affe
>> the legality, validity, or enforceability of any other provision. Any such
>> illegal, invalid or unenforceable provision shall be deemed stricken
herefro
>> as if it had never been contained herein, but all other provisions shall
>> continue in full force and effect.
>>  18:2 As used herein the term LICENSEE shall include the plural as well as
t
>> singular, the masculine and feminine genders, and corporations,
partnerships
>> and other business entities as well as individuals. All other terms shall
>> include the plural as well as the singular unless the context requires
>> otherwise.
>>  18:3 This agreement contains the entire agreement between the parties
with
>> respect to the subject matter hereof and supersedes any prior agreements
>> between the parties, written or oral, with respect to such subject matter.
>>  18:4 This agreement may not be amended, modified or rescinded except by a
>> written agreement executed by SJ Games and LICENSEE.
>>  18:5 The waiver of any breach of any of the terms of this contract, or of
a
>> default hereunder, shall not be deemed a waiver of any subsequent breach
or
>> default, of any nature, and shall not in any way affect the other terms
>> hereof. No waiver or modification shall be valid and binding unless it be
in
>> writing and signed by both parties.
>>
>> 19. TERM
>>  19:1 The TERM of this agreement shall be five (5) years, beginning on the
>> EFFECTIVE DATE, unless sooner ended by agreement of the parties or
operation
>> of this contract.
>>  19:2 The agreement is thereafter renewable upon written agreement by SJ
Gam
>> and LICENSEE for such periods of time as agreed to by the parties.
>>
>>  Executed by SJ Games and LICENSEE on the day and year first above
written,
>> duplicate copies, each of which shall be considered an original.
>>
>>
>>
>> MDUL                            MDNM  LD_
>> For Steve Jackson Games   Licensee
>>
>> MDULMDBU    MDULMDNM  LD_
>> Date     Social Security #
>>       ld_
>>          Date
>>       ld_
>>       Telephone Number
>>       ld_
>>       ld_
>>       Mailing Address
>>
>>
>>
>>
>>
>>
>>
>>
>> MDUL                           MDNM   ld_
>> Notary Public    Notary Public
>> MDUL                           MDNM   ld_
>> Commission expires:    Commission expires:
>> PG
>> MDNMMDNMFC
>> ATTACHMENT A
>> FORM FOR REPORTING SALES OF MDULLICENSED PRODUCTSMDNM

(Continued to next message)
---
  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.0100041859.uuout@execnet.com>


(Continued from previous message)

>>
>> We would like this notice to be attached to fan-authored material related
to
>> our games.
>>
>> Hope this answers your question,
>>
>> Sam Shirley

Note the contrast between the Chaosium and FASA positions and that
of TSR.  Early on in the brouhaha, before FASA or Chaosium came out
publically with their policies, GDW was asked about their policy.
The response is quoted below.  Note that it is significantly less
clear than any of the previously cited policies:

>> I'd like to take a few moments to explain some things so we can avoid some
>> needless heartburn and speculation. This involves the nature of
copyrights,
>> letters of permission, and that awful s-word: suing.
>>
>> I hope that these issues are already pretty clear to most people who will
re
>> this, and maybe this letter is unnecessary, but it never hurts to
communicat
>>
>> The same way that Stephen King gets paid when someone makes a movie of one
o
>> his books, or Elton John gets paid when someone plays one of his records,
we
>> need to get paid for what we do. If musicians had to write songs and do
>> concerts for free, or authors or game companies had to spend months
writing
>> books for free, how could we expect there to be any music or books or
games?
>>
>> Companies like GDW do not own physical objects like factories or gold
mines
>> fleets of aircraft, things that have inherent value just sitting still.
All
>> that we own are our capacity to produce new ideas and games, and our
copyrig
>> on the ideas and games that we have already produced. Without copyrights,
we
>> would be working for free, and then how could we pay our rent, our
utilities
>> our printers, our color separators, and, of course, our employees.
>>
>> The problem with copyrights is that their owners must actively protect
them
>> they are not to lose them. The law is pretty clear that failure to protect
>> copyrights and trademarks is tantamount to voluntarily giving them up.
Usual
>> this involves trusting other people to not attempt to infringe on them,
and
>> nicely asking them not to if they try. However, if someone goes ahead and
>> infringes on your copyright anyway, the only thing that you can do to
protec
>> it is to sue.
>>
>> GDW is not now or ever looking to sue anyone, but our policy, and the
policy
>> any company, has to be that if we are forced to protect our copyrights, we
w
>> do so by the only available means, which is suing. Reserving the right to
be
>> able to defend yourself if required is hardly a threatening or foreboding
>> posture.
>>
>> Copyright law is becoming increasingly complicated by the electronic
>> revolution. We cannot afford to lose our ability to make a living doing
what
>> do by not being careful, especially when a project looks like it takes our
m
>> valuable material and charges straight into the thickest part of the
hedge,
>> to speak.
>>
>> As far as letters of permission are concerned, we are not refusing to give
o
>> any more, but we can hardly grant letters of permission to do things that
ma
>> lose us our copyrights. That wouldn't make any sense at all.
>>
>> David Nilsen
>>     GDW Chief of Design

A while back, while pursuing some research of my own on this and
related topics, I had occasion to request from Steve Jackson Games
a copy of the standard form taken by licenses to create derivative
works.  The text of this appears below.

>> LM0GENERAL GAME-ASSISTANCE PROGRAM LICENSE FORM - STEVE JACKSON GAMES
>>
>> Comments by Steve Jackson - updated 12-3-93
>>
>>    This is the licensing form which SJ Games uses to give permission
>> to create computerized character generators, GM aids, and so on for
>> its games. It's illegal to distribute such programs without our approval,
>> so we've gone to our lawyers for a form that will let us give approval
>> in as streamlined a way as possible, without giving up any of our own
>> rights.
>>    If you're just writing a program for your own use, you don't need
>> our permission. But if you're going to sell - or even GIVE AWAY - a
>> single copy, you DO need our permission, and this license is the way to
>> get it. Yes, that includes shareware. Yes, that includes Lotus and
>> similar spreadsheets. Yes, that includes so-called "public domain" work.
>> You can't put my copyrighted material, or anything based on it, in
>> the public domain, because it ain't yours to begin with.
>>    We are not trying to prevent the creation of these programs. We
>> want to ENCOURAGE it, which is why we paid fat legal bills for this
>> agreement form. But the trademark and copyright laws require us to
>> "protect" our intellectual property with great formality, or risk losing
>> it. (If this bothers you, write your Congressman.)
>>    Yes, some of the protection provisions are one-sided. That's because
>> this license is for OUR protection. They are, after all, our games and
>> our livelihood . . . :-)
>>
>>    COSTS: If you give away your program, this license will cost
>> you nothing, not even a registration fee. (Editorial comment: I do not
>> agree with the idea that all programmers have some sort of moral
>> requirement to give away their work. On the other hand, if you choose
>> to do that I applaud you, and I won't ask you to pay any sort of fee.)
>>    If you're going to sell your program, as shareware or any other way,
>> this license will cost you 5% of the retail value of your sales, and

(Continued to next message)
---
  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.0100041858.uuout@execnet.com>


As most of the participants on this list know, several months ago,
TSR, Inc., started an effort to restrict the availability of
material for their product lines that was not created and/or
authorized by them.  Several FTP sites have been intimidated into
shutting down, or removing all TSR product line-related materials.
They (TSR) _have_ authorized a single site (ftp.mpgn.com) to carry
such material, but they have required a disclaimer to be attached,
the wording of which appears to require that the authors waive some
(most) control of distribution of the material.

Jim Vassilakos, a participant on the original Traveller Mailing
List (from the engrg.uwo.ca days, and before the XTML inception)
recently wrote to some other companies to find out their policies
on this issue.  He posted to the net the most recent dialog from
that effort.  It is reproduced (minus Usenet headers) below, quoted
with ">> " prepended.  Text without such prepended indicators is
mine:

>> Hello, everybody. For those of you who have followed the discussions
>> concerning TSR's policy toward the net, here's another tidbit for
>> your archives. I recently wrote Chaosium asking them what their
>> policy was. Here's my letter and their reply:
>>    jimv@cs.ucr.edu
>>
>> ======================================================================
>>
>> From: james vassilakos <jimv>
>> Subject: policy on fan-authored, internet-distributed material
>> To: Chaosium@aol.com
>> Date: Sat, 28 Jan 1995 12:14:40 -0800 (PST)
>>
>> I'm writing with respect to the TSR/Copyright debate which has been
>> brewing on the Internet over the past several months. Basically,
>> TSR issued a statement saying that all fan-authored material which
>> relates to AD&D (i.e. fan-written modules, monsters, rules, spells,
>> etc) may not be archived on any ftp site other than MPG-Net, and that
>> futhermore the following statement must be attached by the author to
>> the document in question:
>>
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>> This item incorporates or is based on or derived from copyrighted
>> material of TSR, Inc. and may contain trademarks of TSR.  The item is
>> made available by MPG-Net under license from TSR, but is not authorized
>> or endorsed by TSR.  The item is for personal use only and may not be
>> published or distributed except through MPG-Net or TSR.
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>>
>> People on the net are primarily concerned about the last line, where
>> we waive distribution rights to our own work. Since this situation has
>> persisted for several months despite some research netters have done
>> suggesting that TSR's position is not legally defensible, some people
>> have been dropping AD&D and moving over to other game systems. I'm
>> currently compiling a summary of the internet articles pertaining
>> to this situation, and I'd like to include your company's position
>> for the record. As an example, FASA responded with their own statement
>> which they asked to be attached to Shadowrun-related, fan-authored
>> material (notice that they make no reference to distribution rights,
>> much to the relief on many netters):
>>
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>> Shadowrun is a Registered Trademark of FASA Corporation. Original
>> Shadowrun material Copyright 1994 by FASA Corporation. All Rights


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>> Reserved. Used without permission. Any use of FASA Corporation's
>> copyrighted material or trademarks in this file should not be viewed
>> as a challenge to those copyrights or trademarks.
>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>>
>> In short, it looks like different companies have different positions
>> on fan-authored materials for use with their gaming systems. What
>> position does your company take on this issue?
>>
>> ======================================================================
>>
>> From: Chaosium@aol.com
>> Date: Mon, 30 Jan 1995 13:52:01 -0500
>> To: jimv@cs.ucr.edu
>> Subject: net distribution policy
>>
>> Jim,
>>
>> Generally, we are happy to see people write material for our games, and
don'
>> have a problem with gamers sharing their original work and making it
>> available to others in a not-for-profit manner. As we are loath to
approach
>> lawyers on any pretext, we had not formulated an "official" legal position
>> concerning the distribution and archiving of Chaosium game-related
material
>> on the internet. We generally rely on people's good intentions to enable
us
>> to continue happily making books without these litigative concerns, but
sinc
>> you have so pointedly asked, we have discussed this and formulated this
>> response, based in part on the one you provided from FASA:
>>
>>
----------------------------------------------------------------------------
>> Call of Cthulhu, Elric!, Pendragon, and Nephilim are trademarks of
Chaosium
>> Inc. All original material for these games is copyright by Chaosium Inc,
on
>> various dates. All rights Reserved. This material is used without
permission
>> Any use of Chaosium Inc's copyrighted material or trademarks in this file
>> should not be viewed as a challenge to those copyrights or trademarks. Any
>> commercial use of Chaosium Inc's copyrighted material or trademarks
without
>> Chaosium Inc's express permission is prohibited.
>>
----------------------------------------------------------------------------

(Continued to next message)
---
  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.010004185A.uuout@execnet.com>


(Continued from previous message)

>> believe you me, you're getting away cheap.
>>    If you want to do a professionally-packaged product - possibly
>> with exclusivity, and varying in other ways from the terms of this
>> license - we can talk. But don't expect it to be this cheap! On the
>> other hand, we supply artwork, marketing support and so on to our
>> commercial licensees, whereas the deal described below is sink-or-swim.
>>
>>    HOW TO USE THIS FORM: Download it, read it, and write us a letter with
>> all the information we'll need to fill in the blanks. (We have to generate
>> the license at this end, so don't send us a filled-in printout.) Also send
>> us a working copy of the program. It would be courteous to include
>> SASE. After we test the program - if it works, of course - we will print
>> out a shiny new copy of the license, and send you two copies. Sign one and
>> return it. Once the signed copy is in our files, you're legal and
official,
>> as long as you comply with the terms of the agreement.
>>
>>
>> MDBOSJ GAMES COMPUTER GAME AID LICENSE AGREEMENT (GM-AID-LIC)
12-3
>>
>>    To use this agreement, fill in the dates & blanks in the header,
Sections
>> 1:2, 1:3, 2:2 and 3:3, and the copyright date for the game in the very
last
>> paragraph. Do a global search and replace to change GAMENAME to the
>> appropriate game name. Someone who wants to do programs for more than one
ga
>> needs more than one license.
>>  Then delete these top few lines.
>>
>> cut here ---------------------------------------------------------------
>> FCRFA
>> FCLICENSE AGREEMENT - SJ GAMES / (licensee) - 3-15-93 - p. PN of
10MDNM
>> MDBOSTEVE JACKSON GAMES INCORPORATED COMPUTERIZED REFEREE AID LICENSE
>> AGREEMENT (name of licensee)MDNM
>>
>>      FLThis License Agreement (Agreement) is entered into effect as of
the
>> xxxxxxxxxxxxxxxxxxxxxx, 19xx, between the parties hereto, who agree as
follo
>> in consideration of the mutual promises contained herein:
>>
>> 1. PARTIES
>>  1:1 Steve Jackson Games Incorporated (hereinafter "SJ Games") is a Texas
>> corporation having a business address of P.O. Box 18957, Austin, Texas
78760
>>  1:2 xxxxxxxxxxxxxxxxxxxx (hereinafter "LICENSEE") is an (individual)
>> (partnership) (corporation) (whatever) having a business address of
>> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
>>  1:3 SJ Games and LICENSEE are the parties to this agreement.
>>
>> 2. BACKGROUND
>>  2:1 SJ Games publishes equipment sold as a unit for playing a copyrighted
>> parlor game (hereinafter referred to as "games") under numerous marks,
>> including the mark GAMENAME (hereinafter sometimes referred to as the
MARK).
>> SJ Games owns the copyrights in the games and the exclusive right to use
the
>> mark GAMENAME for parlor and board games, and has acquired public
recognitio
>> and goodwill in the MARK through use of the MARK. SJ Games further holds
the
>> rights to reproduce, manufacture, adapt, distribute, and market all
>> descriptions, symbols, and visual representations of the characters and
worl
>> system of the GAMENAME game and game rules.
>>  2:2 LICENSEE recognizes SJ Games' copyrights in the games and the
goodwill
>> appurtenant to the use of the mark GAMENAME, and desires to obtain a
>> non-exclusive license to utilize portions of such copyrighted materials
and
>> the mark GAMENAME in connection with a computerized game aid, to be known
as
>> xxxxxxxxxxxxxxx, based on the GAMENAME game. SJ Games is willing to grant
su
>> a license under the terms and conditions of this agreement.
>>
>> 3. DEFINITIONS
>>  3:1 MARK or MARKS includes trademarks and service marks.
>>  3:2 LICENSED MARK means the mark GAMENAME.
>>  3:3 LICENSED PRODUCTS means xxxxxxxxxxxxxxxxxxxxx, a computerized game
aid
>> based on, and designed for use with, the GAMENAME game.
>>  3:4 COVER PRICE means publisher's suggested retail sales price.
>>  3:5 EFFECTIVE DATE means the date specified in the first paragraph of
this
>> agreement.
>>  3:6 SOLD (or SALE) means that a LICENSED PRODUCT is shipped, distributed,
p
>> for, billed, or invoiced (whichever comes first).
>>  3:7 TERM means the effective period of this agreement, which shall
commence
>> the EFFECTIVE DATE and which shall terminate pursuant to the provisions of
>> Paragraph 7 and/or Paragraph 19 of this agreement.
>>  3:8 QUALITY means a level of quality acceptable to SJ Games.
Determination
>> QUALITY of LICENSED PRODUCTS is more specifically discussed in Paragraph
11
>> this agreement.
>>  3:9 COPYRIGHTED MATERIAL means all copyrighted works or portions thereof
>> contained in the GAMENAME game which are proprietary to SJ Games and which
>> LICENSEE is permitted to incorporate into the LICENSED PRODUCTS as
provided
>> paragraph 11.1 of this agreement. Unless prior written approval is given
by
>> Games, LICENSEE may not alter or otherwise modify these copyrighted
material
>> for inclusion in the LICENSED PRODUCTS.
>>
>> 4. GRANT OF LICENSE
>>  Subject to the terms and conditions of this agreement, SJ Games grants to
>> LICENSEE the non-exclusive right and license to (a) utilize the LICENSED
MAR
>> solely on and in connection with the LICENSED PRODUCTS of QUALITY during
the
>> term hereof, and (b) reproduce (without modification) and distribute the
>> COPYRIGHTED MATERIAL solely in connection with LICENSED PRODUCTS of
QUALITY
>> during the term hereof.
>>    This specifically excludes and prohibits any and all products which may
b
>> used as games independently of the GURPS game material sold by SJ Games.
>>
>> 5. PAYMENTS TO SJ GAMES
>>  5:1 No "advance against royalties" shall be payable under this agreement.
>>  5:2 LICENSEE shall pay to SJ Games a continuing royalty of 5% (five
percent
>> of the COVER PRICE of all LICENSED PRODUCTS SOLD by LICENSEE or any of its
>> subsidiaries, divisions, or affiliates. If LICENSEE sells any LICENSED

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  QMPro 1.53  Creativity does not have a curfew!

------------------------------

Date: Sat, 11 Feb 95 23:14:00 -0500
From: jeff.zeitlin@execnet.com (JEFF ZEITLIN)
To: TRAVELLER@MPGN.COM
Subject: On Copyrights and GDW...
Message-ID: <8A35572.010004185B.uuout@execnet.com>


(Continued from previous message)

>> PRODUCTS to any party affiliated with LICENSEE, or in any way directly or
>> indirectly related to or under common control with LICENSEE, at a price
less
>> than the regular COVER PRICE charged to other parties, the royalties
payable
>> hereunder shall be computed on the basis of the regular COVER PRICE
charged
>> other parties. There shall be no deduction from the royalties owed for
>> uncollectible accounts, or for shipping, insurance, taxes, fees,
assessments
>> advertising or other expenses of any kind which may be incurred or paid by
>> LICENSEE.
>>  5:3 If LICENSEE distributes a LICENSED PRODUCT as "freeware" or by any
simi
>> scheme, such that the product is distributed without charge, then no
royalti
>> shall be payable. LICENSEE may charge a distribution fee not to exceed
$4.00
>> per copy in order to cover handling and disk costs for disks actually
>> distributed by LICENSEE.
>>
>> 6. STATEMENTS AND BOOKS OF ACCOUNT
>>  6:1 LICENSEE shall submit quarterly statements to SJ Games in the format
an
>> containing the information specified in Attachment A hereto. Such a
statemen
>> shall be submitted to SJ Games within thirty (30) days after the end of
each
>> quarter, and shall be accompanied by payment of continuing royalties
payable
>> pursuant to Paragraph 5 above for that calendar quarter. If products are
bei
>> distributed without charge, or if no products are distributed, a statement
>> showing number of products distributed is still required.
>>  6:2 All delinquent amounts not paid when due pursuant to paragraph 6:1
abov
>> shall be charged the maximum rate of interest permitted under applicable
sta
>> law, but not to exceed one and one-half percent (1 1/2%) per month or any
>> portion thereof during which said amounts remain delinquent.
>>  6:3 LICENSEE agrees to keep accurate books of account and records
covering
>> transactions relating to any LICENSED PRODUCTS. SJ Games and/or its
authoriz
>> representative shall have the right at all reasonable hours of the day at
>> LICENSEE's usual place of business, upon ten (10) days' notice, to examine
a
>> copy all said books of accounts and records and all other documents and
>> material in the possession or under the control of LICENSEE insofar as
they
>> relate to the LICENSED PRODUCTS, in order to determine the accuracy of the
>> statements delivered by LICENSEE to SJ Games. If any such examination
shall
>> reveal an error of more than five percent (5%) in royalties paid or
payable
>> hereunder, or if such examination is made because of LICENSEE's failure to
p
>> any amounts due hereunder, then LICENSEE shall bear all costs incurred by
SJ
>> Games in connection with the examination. Upon demand of SJ Games,
LICENSEE
>> shall, at its own expense, furnish to SJ Games a detailed statement,
signed
>> LICENSEE, showing the number, description and COVER PRICE of the LICENSED
>> PRODUCTS covered by this agreement SOLD by LICENSEE to the date of SJ
Games'
>> demand. All such books of account and records shall be kept available
during
>> the TERM and for at least one year thereafter.
>>
>> 7. DEFAULT, TERMINATION
>>  7:1 In the event that LICENSEE fails to submit timely statements and
paymen
>> to SJ Games as provided in this agreement, or in the event either party
fail
>> to comply with any of its obligations under this agreement, except as
provid
>> below, the other party may serve on the defaulting party a notice of
default
>> specifying the nature of the default. If the default is not cured within
>> thirty (30) days from service of the notice of default, the other party
may
>> then serve its notice of termination, and this agreement shall be
>> automatically terminated upon service of said Notice of Termination.
Howeve
>> the above requirements for notice of default, cure, and notice of
terminatio
>> shall not apply to any unlawful or unauthorized use by LICENSEE of the
>> LICENSED MARK or the COPYRIGHTED MATERIAL.  In such circumstances, SJ
Games
>> may terminate this agreement immediately by providing LICENSEE with a
Notice
>> of Termination which specifies the nature of the default.
>>  7:2 In the event that LICENSEE fails to complete, submit for approval and
>> distribute at least one LICENSED PRODUCT within one year of the effective
da
>> of this agreement, this agreement shall automatically terminate.
>>  7:3 Unless sooner terminated pursuant to the above provisions, this
agreeme
>> shall remain in effect throughout the TERM.
>>
>> 8. EFFECT OF TERMINATION
>>  8:1 Upon expiration or termination of this agreement, all rights granted
to
>> LICENSEE hereunder shall cease, and LICENSEE will refrain from further use
o
>> the COPYRIGHTED MATERIAL and the LICENSED MARK (or any mark or name
reasonab
>> deemed by SJ Games to be similar to the LICENSED MARK) in connection with
th
>> manufacture, sale, distribution or promotion of products or services.
LICENS
>> acknowledges that failure to comply with this provision will result in
>> immediate and irreparable harm affording injunctive and any and all other
>> appropriate relief to SJ Games.
>>  8:2 Upon expiration or termination of this agreement, LICENSEE shall not
>> operate its business in any manner which would falsely suggest to the
public
>> that this agreement is still in force, or that any relationship exists
betwe
>> LICENSEE and SJ Games.
>>  8:3 Expiration or termination of this agreement shall not relieve
LICENSEE
>> from any obligation to pay SJ Games any payments due and owing at or
through
>> the time of termination.
>>
>> 9. PERSONAL LICENSE
>>  9:1 The license granted to LICENSEE by this agreement is personal, and no
>> rights hereunder may be transferred by LICENSEE without the express
written
>> approval of SJ Games. LICENSEE shall immediately notify SJ Games of any
chan
>> or proposed change in ownership or control of LICENSEE during the TERM
hereo
>>  9:2 LICENSEE shall grant no sublicenses under this agreement, but this
shal
>> not prevent LICENSEE from having products made for it to its
specifications,
>> provided all provisions of this agreement are satisfied.
>>
>> 10. GOODWILL AND COOPERATION
>>  10:1 LICENSEE agrees that the essence of this agreement is founded on the
>> goodwill associated with the name of SJ Games and the LICENSED MARK, and the
>> value of that goodwill in the minds of the consuming public. LICENSEE agrees
>> that it is critical that this goodwill be protected and enhanced and, toward
>> this end, LICENSEE shall not during the TERM or thereafter:
>>   a) attack the title or any rights of SJ Games in or to a LICENSED MARK or
>> any other mark of SJ Games;
>>   b) apply to register, or maintain any application or registration, on a

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  QMPro 1.53  Creativity does not have a curfew!

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End of TRAVELLER Digest 191
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