I stand corrected.

gauntner666 wrote:Actually you can use trademark names, depending on how you use them.
For example:
This character sheet is designed for use with Forgotten Realms.
Or
This OGC material was originally found in the Players Handbook.
Would be legal examples. And in the copy of the ad that I posted, I don't see any Trademark violation.

The ad that is posted above, with more material is in violation of WOTC copyrights, but it is not the ad that I seen or was referring to.

Complaining to Ebay or to the person posting an ad is a waste of time. Ebay is not legally responsible to remove an ad unless the copyright holder properly informs them. It is the responsibility of the copyright holder to defend their copyrights, not that of a third party. If the above ad with the additional listing is true, then it's WOTC responsibility to defend themselves, by having Ebay remove the ad. And to pursue any legal matter against the individual. Then if Ebay refuses to remove the ad, then yes they would be responsible. I highly doubt that Ebay is blatantly disregarding WOTC and allowing this to continue. It would be foolish for them to risk a multi-million dollar law suit over the few pennies that they are making from this auction.

You just proved my point in your last statement. The auction listing once again says:

Almost every feat from the entire D&D 3 edition and 3.5 books are on the CD (Oriental Adventures, Players Handbook, Sword and Fist, Masters of the Wild, Song and Silence, Defenders of the faith, Tome and Blood, Savage Species and MORE)

His auction listing clearly states that these items are FROM these books listed, thus he IS infinging on copyright. Also, YOU CAN NOT CREATE MATERIAL USING TRADEMARKED NAMES UNLESS YOU GET EXPRESSED WRITTEN CONSENT FROM WIZARDS OF THE COAST. Read their own rules of use. Sooner or later just like the music/movie file sharers out there, you folks will get yours too. I am done with this conversation so called self-proclaimed "large collector"

bclarkie  Not if the material is OGC, read the OGL on wizards page.  

And without having an actual copy of the cd, I can't honestly tell you if what's on the cd is legal or not, I was only going by the ad.

Um.

While I'd be hopelessly out of my depth arguing about copyright and trademark laws, I'm not so far out when it comes to Ebay's rules.

Rather than going to WotC, I prefer to point out to Ebay that Zabe73 (for instance) is keyword spamming. It may not be as complete as a court victory, but it may (or may not) get the point across faster that he's doing something wrong.

Also, if I remember right, doesn't Ebay forbid the inclusion of an informational compilation as a bonus item? And have supposedly strict rules about recordable media?

Considering they just fuked me, and Zabe has been going for ages, I agree. They disgust me.

Garter, it is not the copyright holder's onus to defend the copyright. What you're saying is the same as this scenario:

100 people are on your property. One of them is selling drugs, and you know about it. You are not responsible, nor are you required to take steps to prevent it, because even though selling drugs is illegal, it is the job of the police to deal with offenders.

When eBay provides a venue, they are responsible for EVERY ACTION that their customers perform. If illegal activity is going on, they need to take steps to PREVENT it. It's pretty simple. Like you.

Yaya

Gauntner,
Apparently you didn't read the OGL yourself.  

Im very aware of the contents of the OGL, apparently you didn't read the section on OGC or if you had any questions contact wizards.

1) It allows you create new content using the d20 system.  It does not allow you to take anyone else's content and sell it yourself.  
I never said it did.  WOTC for whatever reasons releases portions of its material for use.  For example almost the entire Players Handbook is OGC, the Monster Manual 1 other than I think 9 monsters, Eye of Bolder being one of them, is OGC.  You can use this material within your own creations for sale and distribution.  Some skills, feats, spells and so on from various wizards publications are also OGC.  Im not going to argue this anymore, just simply ask wizards.

2) And I was under the impression it only coverd D20 stuff.  And the last  time I looked, 1st & 2nd Ed AD&D were not d20 items.
I never said anything about 1st or 2nd edition material; I was only talking about 3.5 and what's OGC


Deadlord36

100 people are on your property. One of them is selling drugs, and you know about it. You are not responsible, nor are you required to take steps to prevent it, because even though selling drugs is illegal, it is the job of the police to deal with offenders.

Yes, you just proved my point. (The 100 people would be ebay members, the one selling drugs the copyright violator, the one that owns the property Ebay, and the police the copyright holder.)

It's the job of the copyright holder to defend his or her own copyrights, through use of proper legal procedure, which I explained before.

All you have to do is go to your local bookstore and pick up a copy of  "Copyrights for Dummies"

No Im not entirely insulting you, the book does exist.

I'm not sure I follow that:  so the copyright holders of "Patents, Copyrights & Trademarks for Dummies" (the actual title) are the police?  

According to the seller this is being sold with the original receipt:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5210091070

However, they seem to have already sold the same downloads several times already.
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5208607560
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209205318
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209683809

So Gaytner has been ferreted out. Good job, Clarkster!
Is anyone else amazed at how stupid people can be? Once again, a simple bidding trail exposes fraud.