QUOTE (Caadium @ May 12 2010, 11:02 PM)
Does this have any effect on the the similar apps and excel files that are in discussion on the "Community Projects" section of this page? In other words, will this limit their ability to continue doing what they've done?
I've had some philosophical thoughts about this kinda thing ever since the HeroForge thing came out for D&D.
It could be asserted that pulling statistical and numerical data out of a work, and juggling them around in formulas on a spreadsheet, really isn't something that's actually covered by copyright law.
There's already been legal cases where folks have pulled lists of names, numbers, and other data from books and re-published them after juggling their layout a bit. It was ruled that the data did not constitute "creative work", was not copyrightable, and thus was not afforded protection. The look, layout, and creative design of the books was protected, but the actual data was not.
Also, game mechanics aren't copyrightable. They are patentable, but almost nobody in the RPG industry files patents on their games.
(I'm of two minds about this, personally, as some game mechanics have an elegance that they really SHOULD be considered creative work, but apparently the law feels differently)
THEORETICALLY, all 'character generators' really violate no copyright laws.
Trademark laws are a bit trickier. One might argue that a character generator is a tool that
aids the use of the original trademarked product, but that's not really one of the things covered by the Lanham Act as "fair use". Technically most of the various non-licensed generators for RPGs out there might be considered to violate trademarks - even the original HeroForge. The only exceptions I can think of are ones for games released EITHER under Creative Commons or similar "open" licenses, such as Eclipse Phase, OR where the publishers have otherwise specifically allowed fan work. Note that HeroForge is NOT an exception, because while the d20 system does have an open license, that license specifically forbids use in electronic works!
So, in legal terms, what HeroLab likely obtained was a license to use the Shadowrun-related trademarks, and perhaps some of the actually copyrightable creative text and artwork.
(This does possibly mean that you might be able to legally copy another RPG's game mechanics wholesale for your product, assuming it was not patented and you used no trademarks or creative bits from the original work. I can only assume that you don't see this happening in the RPG industry due to most of the publishers not wanting to step on each other's toes.)
Back on the subject, Shadowrun DOES in fact have a fan-work limited license on their trademarks, at least for web pages:
http://www.shadowrun4.com/legal.shtmlIt could be argued that a character generator available on a web forum or web site could be part of the web page content, and covered by said license. So you should be safe using the Shadowrun name and logo in a non-commercial work on such a web page. The use of Shadowrun raw game data in the generators should be safe under the idea that such data not actually covered by the copyrights and trademarks.
-karma