Jean said:
Please realize that I am not a lawyer. I have a pretty firm grasp from a user's end of copyright law and I've had to work with SVC with what we can and cannot have legally in our works.
::some deletia:: This is a good plain-language guideline for us to understand what to expect from ADB/Mongoose. Thank you for this.
As I understand it, then, what ADB is saying really amounts to "We cannot do this, so you should not be seen to be doing it." Again, the key phrase is "be seen to"; your contractual agreement with Paramount cannot be held to bind us, unless PD/t ends up with a special separate license between ADB/Mongoose and the customer, similar to most software licenses (which have been held, though not conclusively, to be essentially unenforceable).
Similarly, unless your contract with Paramount specifically requires it of you, you are under no obligation to police any fanac other than that which occurs in contexts that ADB has direct control over - and that only to the extent that it violates your license, not any general violation of Paramount IP (though I do believe, from what you have said, that one cannot actually violate Paramount IP while still remaining within the terms of the ADB contract). However, if you have established a pattern of doing so, that may well constitute legal precedent, and thus obligate you to continue to do so.
::It should be noted that my comments above are not so much to educate Jean as to clarify some of the issues for other participants in the forum whose lay understanding of the legal issues may be less clear than mine (and I make no claims as to the clarity of mine). In fiction writing, this is called "As you know, Bob...". I do invite correction and re-clarification from those whose legal knowledge exceeds mine.::
The approach described above, however, will almost inevitably lead to two layers of fanac - that which can be seen, and is "legitimate", and a second layer of what might best be described as самиздат, /
samizdat/ - something which I feel is a sure indication that there is a fundamental conflict between the community ethos - and not just the Traveller community ethos; I'd bet that there's a fairly extensive самиздат network already extant for Prime Directive in other systems - and the Paramount corporate view of what constitutes "fair use".
(This also gets into one of the places where I have a fundamental disagreement with method; I feel that with the repeated extensions and automatic renewals, the entire idea of copyright has been perverted practically into the opposite of its original intent. That, however, is not an argument for this thread - or arguably for any RPG forum, as most forums seem to have a rule - written in some cases, unwritten in others - that one avoids discussion of real-world religions or real-world politics.)
Jean said:
Anything YOU invent is fair play.
"Invent" is, at least here, a bad word. It leaves unclear the status of borrowings from material not covered by or relevant to the ADB/Paramount agreement. For example: If I have explicit permission from an author of a non-Star-Trek SF novel to incorporate his very interesting aliens into a role-playing game and share the result, is it permissible for me to insert them into my PD/t campaign, and then write about it/them in Freelance Traveller? I would guess that the intent of your statement would be that I can - but I didn't INVENT those aliens. Similarly with crossovers from other Traveller settings - I'm tired of samurai cats; I want pirate puppies. Can I bring in the Vargr from the OTU and then write about how I did it in Signs & Portents? Again, I didn't INVENT them. I'm not going to rely on my guess concerning your intent; I consider myself to have an interest in being right, so I may be reading MY intent into yours, incorrectly.
Jean said:
For us, the focus has always been on what we
can do. We have to avoid the legal pitfalls of what everyone expects to be in "Star Trek" but we cannot due to "the license." And yes, that does mean watching the minis for things that people think are ok, but we cannot do and looking at art for things that we don't have the rights to use.

But gamers, writers, and artists are talented and once they understand we can't do something for a good reason, they work with us. The license is a contract and as such, there are things in it that we are legally bound to do. As I have said, we focus on the positives and not the negatives.
I don't feel that the Traveller community is really going to be all that different, in those respects. I doubt that we are even really any more vehement about our disagreement/disappointment than other communities; it may simply seem that way if it's been a while since Prime Directive "broke into" a new market.
In a way, I think this discussion is more about the Traveller community trying to understand the limits than it is about hostility to the idea of limits. That's not to say that the hostility doesn't exist - the limits do, to some extent, feel like they're fundamentally opposed to ... something ... deep in the "heart" of Traveller. Look at some of the well-established Traveller forums and websites, where you'll inevitably find a discussion (more like a plethora of discussions) of "influences on Traveller" and "influences on how you play Traveller", where the participants discuss a very wide range of books, movies, TV shows, et cetera - both predating and postdating the creation of Traveller.
Jean said:
I understand better now how much this disturbs the culture of Traveller players. I never meant to bring such divisiveness to the Forum and discussion and it makes me very unhappy to have created it.
Stop. Right. There. Yes, it is disturbing to the Traveller community culture. But the divisiveness you see, you neither brought nor created. Again, go look at the established forums, including the archives of the Traveller Mailing List (and its spinoff lists, if you can find them). Trust me, we've had this sort of flap before, just discussing different versions of Traveller. And some of those discussions got so flame-ridden that it makes this thread look like a kumbayafest. Don't beat up on yourself for discovering something which has been part of the Traveller community for almost as long as ADB has had the license to do PD!
Jean said:
But seeming to promote it by allowing our fans to publish it on official boards would be questionable enough that while it is most probably legal, the cost and time to prove it would be higher than we'd be able to risk. So, yes, we do play it very carefully and err on the side of caution. We are playing with the livelihood of Steve Cole, Leanna Cole, Steven Petrick, and Mike Sparks -- the full time employees of ADB. Personally, I don't want anything I do to ruin the lives of four people, not when it is so easily avoidable. They are living, breathing people, with lives and hopes and dreams and who deserve to continue creating their dreams so that we can enjoy sharing those dreams.
Jean, please contact me OFF THE FORUM at editor@freelancetraveller.com. This statement, WHICH I HAVE NO QUARREL WITH, appears to have implications for Freelance Traveller's potential coverage of PD/t.
Jean said:
I feel sort of like I'm the happy puppy who just piddled on the living room carpet. I didn't mean to make a mess of your topic or to cause such stress between some of you. However, I feel confident that we can work together to get that ugly stain out and to finish decorating the living room.
Such imagery! Our carpet is no less clean than it was before you came in, and you didn't make a mess of any topic, nor cause any stress that wasn't already there. At most, you've come in to a clubhouse, and started discussing American microbrew beers, when one of our favorite agree-to-disagree-even-though-we-discuss-it-continually topics is whether English, Dutch, German, or Belgian beer is best. What you've done is added something new to the mix, and now that we've realized it, we'll be happy to go hammer-and-tongs at it, same as we do with the older topics.
It may seem odd... but I think that when you get right down to the bottom of things... you've been welcomed to the club, and accepted as a member.
Now... when do we get to see PD/t, and who's going to review it for S&P and/or Freelance Traveller and/or RPG.Net?