I don't know so much about their bypassing of GSL, but I'm surprised by the statement that it will be a lulu version. Their print numbers can't possibly be that low can they?
Or is it a gimick to see how many they can sell with minimal risk before they get blocked?
They're skipping the GSL. In a thread at their forum David Kenzer writes:
"Correct, we no longer have an agreement with Wizards. Why? Is there some "magic" restriction in IP law that restricts people from making new creative material that doesn't use any TMs, patents or copyrights of another company?"
And then writes:
"that is not copyright infringement.
copyright infringement is basing your work on someone else's creative expression. Rules are not creative expression. Also, it is not "based" on their rules. It happens to "work with" their rules."
That said, even if they're 100% above board, WOTC may still challenge them, which could block things up for some period of time. Not having money tied up in inventory seems like a smart precaution, and if they're doing the sales directly through lulu, the increase in per-unit printing cost will be more than made up for by the increased margin of direct sales,
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I _think_ I've heard that David Kenzer was/is a lawyer. If that's true, I suspect he has a very good idea of how best to proceed.
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Or is it a gimick to see how many they can sell with minimal risk before they get blocked?
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"Correct, we no longer have an agreement with Wizards. Why? Is there some "magic" restriction in IP law that restricts people from making new creative material that doesn't use any TMs, patents or copyrights of another company?"
And then writes:
"that is not copyright infringement.
copyright infringement is basing your work on someone else's creative expression. Rules are not creative expression. Also, it is not "based" on their rules. It happens to "work with" their rules."
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So all in all, caution is a smart approach.
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