The Lawbringer: They stole my guild charter!

In an oddly unorthodox manner, I'm going to begin this week's Lawbringer with a teaser for next week's edition. Bobby Kotick recently called out Electronic Arts and BioWare for the potential profitability problems that a game like Star Wars: The Old Republic presents when looking at the licensing requirements for such a franchise product. As someone who very much enjoys talking about licensing and the fun details that go along with it, I wanted to save that topic for its own article, which I think you will all get a kick out of.
Kotick's comments got me thinking about licenses and branding and other related topics. Original properties that don't require a license fee to use, like World of Warcraft in relation to what Blizzard spends to use its own intellectual property, is a huge gain as well as a potential backfire.
Many readers have also emailed in questions about the WoW Law Enforcement Guide that AntiSec released detailing how Blizzard interacts with law enforcement agencies and the information they possess. It's a very interesting read, and I've wanted to take the time to put my thoughts together before I responded through an article on The Lawbringer. So don't worry, intrepid link-senders, your cries are not falling on deaf ears. I'm just taking my time.
For now, we place those thoughts on the backburner. Today we have some interesting emails to get through. If you've got a question for The Lawbringer, please send a message with Lawbringer somewhere in the subject to mat@wowinsider.com with your question. I will hopefully be able to help you out with an answer, if not in the column than an email response. Send in those questions!
Why no yearly subscription?
Morimoto had a question about my reasoning for understanding why WoW does not have a yearly subscription option available.
Morimoto asked:
"I understand the reasoning for six months as the max, though."Szaboa in the comments hit the nail pretty firmly on the head. It feels like an administrative move and people's general dislike and distrust of the yearly commitment. The six-month package for WoW costs $77.94, discounted to $12.99 a month. If you bumped it up to a 12-month commitment, let's say at $11.99 a month, that's still $143.88 up front for World of Warcraft. Six months just seems like a much more manageable number than a recurring yearly billing.
I don't. I'm dense. What is it, if you don't mind?
At some point, business development team members draw a line in the sand about what to charge for what and the process by which it happens. One would think that with the advent of the WoW Annual Pass, Blizzard would have opened up a "just pay for it now" type of system. For the most part, that makes a great deal of sense. There are enough people out there with the disposable income necessary to facilitate that transaction. These are the same people who spent a great deal of money constantly tweaking their characters, changing their race, or shipping them off server for better opportunities. The money is there, but the viability is another thing entirely.
Who knows why there isn't a "pay a year up front" subscription? Maybe there is a logistical roadblock in the way of such a thing. Maybe Blizzard feels the one-, three-, and six-month packages are the ideal in terms of number of options in relation to the ease of picking up and playing the game. Maybe having four options doesn't make sense in terms of amount of subscriptions achieved by each model. Many players like to stay at the one-month-recurring level, if only because it gives them an out just in case.
Whatever the case, I can still sort of understand the limiting of options, because once you hit a threshold of how much someone wants to spend for access, you start finding niche areas where people just don't flock to the specific price point. If you've got the disposable, up-front income for a year, why not just use the six-month option and let the card charge like that? See what I mean?

A very upset boomkin emailed me with this story of woe: A splinter guild advertising with a copy-and-pasted charter and more stolen text. What's the story, boomkin?
Hi Mat,Thanks for the email, POed Boomkin. I can express sympathy with you on seeing your work stolen and put up as their own. In fact, it happens every day with WoW Insider. Tons of websites out there skim our articles, copy and paste the text, and put it up on other sites that are mostly ad farms to pull in page views. We get lots of emails from people pointing out these sites to us, but the truth is that there really isn't too much that can be done. Sure, we can issue the take-down notices and all that, but at the end of the day, what do these link and ad farms have to lose?
I'll make this short and to the point, because I'm honestly at the end of my rope with just how disrespectful, inconsiderate, and shady some folks who play this game are.
Without going into too much detail, we removed some folks from our guild a few weeks ago; they tried to poach our members and couldn't, so they ended up stealing our charter instead.
I found out because I noticed them advertising in trade chat, so I scoped their website out. Lo and behold, there were MY words I worked so dutifully on, for many hours, over the course of a few weeks, with my co-GM and other officers. This charter was the result of almost a year's worth of questions, concerns, comments, and experiences we all have shared since forming our guild, and to see another guild just blatantly rip it off was infuriating.
I've since taken screenshots and written an explanatory post on my guild's website, and we've started some back and forth on the realm forums too. It is there I found out that yet ANOTHER guild, this time from our old server, has ALSO blatantly copied our work!!! If I was irate before, I am absolutely livid now.
I know there likely isn't anything regarding copyright infringement I could really get them on, but all the same, it doesn't quite feel like enough to just "call them out on it."
I have already filed for official copyright with the US Copyright Office, and have sent a DMCA Takedown Notice to their domain registrar and hosting provider.
Any other suggestions?
Cheers,
PO'ed Boomkin
Here's the problem with suing someone over stealing your work: The biggest issue is the money involved. Are these people making money off of the work you created? If so, you've got a better chance at having them take it all down. Are they just using it as a guild recruiting tool and not actually benefiting from it in any monetary way? And is there any confusion between your guild and the guild that stole your charter now that multiple guilds are using it? Guilds don't usually have too much in the way of income, especially off of their charters. By all means, ask them to take it down and move through those channels, but don't rest your expectations too high.
What I'm trying to say is that if there is no money involved, just let it go. It sucks to see your work used in that way, but lawsuits are expensive and some fights just aren't worth tackling. If anything, ignore the slimeballs who stole your work, make a note of it, and do your best to just be better at what you do. A stolen charter's getting taken down or not taken down won't make your guild better or worse. At this point it's about principle, obviously, but not about winning or losing. It's just something that happens, especially on the internet. It's awful, but it happens.
Congratulations, Frank Pearce
I don't exactly know if The Lawbringer is the perfect place for this tidbit, but as a huge fan of Frank Pearce and the company he cofounded, I am sort of invested. Congratulations are in order for Frank Pearce, now part of the Academy of Interactive Arts and Sciences board of directors. There are a lot of forward-thinkers at Blizzard, and it's nice to see one of them get put on this board.
See you guys next week.
Filed under: Analysis / Opinion, The Lawbringer






Reader Comments (Page 1 of 2)
furrama Dec 2nd 2011 7:25PM
Artists on dA have to deal with what the angry boomkin is dealing with all the time. Pictures taken and used as avatars or posted all over their facebook or photobucket- things they didn't ask for and that aren't being used the way you intended.
This is what I've learned being on there for 6 years:
If the person took it and then, "traced it", edited it, used it for a tshirt for their softball team, or posted it somewhere else, let it go, especially if they aren't claiming they made it. Not worth your time. You can request that they link back to you, but don't fret about it if they don't.
However if they are claiming they made it, then you should write the person directly and ask them to cut it out, and at least provide a link to your original work. If they do not then try to get the site taken down. If you can't then roll it off your back. It sucks, I know, but try not to let it bother you.
If they are making money off of the image/writing, THEN you get to pursue legal action (if you can), especially if they are PRETENDING to be you and slandering your name. It's expensive, you'll probably lose money, but to some it is worth it.
Above all, do not be over protective and sound like a giant dbag, sitting on your hoard of treasures like a red noxious dragon screaming "MINE! MINE" to all who pass. It will not win you any friends.
Gimmlette Dec 2nd 2011 7:41PM
To P.O'd Boomkin: Been there. Done that. Nearly quit my server over it. The only things I didn't do was file a copyright notice and order them to take their stuff down. I was so upset, I cried. I had worked so incredibly hard on our Code of Conduct and the wording on the front page of the web site, our tag line (which has since changed as we evolved) and some of the programs they were copying lock, stock and barrel. It was a full frontal attack on me, personally. I knew this because I had dared call out these people (privately) for conduct unbecoming to guild members.
I spent hours on Vent complaining, yelling, crying to officers about what was being said on their web sites and in game recruiting statements. I felt attacked and, by extension, my guild was attacked. I came thisclose to quitting because I felt I couldn't let these people who believed in me be attacked.
In retrospect, it was kind of the best thing to happen to me, personally. I had, at the time, fantastic officers. (Some have stepped down and have been replaced by equally fantastic people I trust completely. Good officers are a godsend.) They ordered me to avoid the web sites, don't go look at them. (Okay, I can do that.) They monitored what was being said and compared it to what we had on our site. They ordered me off my WOW server forum. (Impossible to do as I'm a lurker and well-known there, but I didn't open up some comments if told not to.) One of my raid leaders took it upon himself to answer any negative comment with humor. One of his comments during that dark time is now one of our most treasured long-running guild jokes.
My officers talked privately to every single member of the guild, answered questions and urged them to 1) ignore the comments, 2) report harassment to a GM and then to one of them and 3) behave in the best possible manner toward everyone. Every day, I was 'forced' to have a 15 minute "How Are You" session with an officer which allowed me to blow off steam. I was told only what was vital and we all met once a week to discuss everything and to decide, as a group, whether something needed to be addressed.
I won't kid you. It took me a good month to see that the people who copied couldn't come up with something original on their own so they were forced to steal from us. I felt violated for awhile but, in talking with other guild leaders, those who have been around for a long time have gone through this at some point with a disgruntled former guild member. We will celebrate our 4th anniversary this month. One of the copy cats didn't last 2 weeks. The other dissolved after 4 months.
So, I hope you have a good group of officers in whom you can confide and express your honesty, anger and pain about this. Make sure your officers are monitoring comments and feelings in the guild and in the various chats. I wouldn't call attention to this if there was no drama when these people left. In my case, there was lots of drama so guild members got sucked in, whether they wanted to or not. Keep on doing what you're good at and make sure your guild members know they can talk to you or an officer about anything.
This too shall pass and you'll be better for it. You did the original. They may copy your words but they can't copy how those words work in a guild.
Occamsrazor.Zangarmarsh Dec 2nd 2011 8:44PM
wat
Xantenise Dec 2nd 2011 11:23PM
Your officers are amazing. Where can I get friends like those?!
Gimmlette Dec 3rd 2011 12:32AM
@Xantenise
The hardest part for me was realizing my officers were right. I'm very 'hands on' with my guild and it was so very hard to let them handle things. I feel, as a GL, that I'm not above criticism. I overreacted to what happened; "circle the wagons! We're being attacked!" I am grateful that I had and continue to have people who have clear heads when I don't and aren't afraid to tell me I'm overreacting.
emberdione Dec 2nd 2011 7:44PM
Assume anything you post on the internet will be stolen. Then act accordingly.
I do mean anything, writing, art, screenshots, photographs, all of it. Someone, somewhere is gonna snag it and use it.
As for this, as strongly as you feel about your charter, it is just a charter. It's not something you are going to sell and thus lose money on. It's not going to win you awards. It's not going to get you a job. If you feel this way about this, don't ever post something that *could* make you money on the internet.
(I am a game designer, so I am always careful to not list solutions to problems for games from companies I want to apply to and work at. If they want my help, they can pay me for it.)
Mikelish Dec 2nd 2011 7:47PM
Before I say this I'd like to point out how hard I know this is to do.
But takeit as a complement, i mean, even though these guys dislike you (presumed from the fact you /gkicked them, they still copied your work. How good is your charter!?!
Ultumatly not alot worth doings take it on the chin and underneath it altakesome pride, nice charter dude.
jfofla Dec 2nd 2011 7:52PM
Dear POed,
Admire, and Acquire!
somethinglurks Dec 2nd 2011 9:23PM
I wouldn't say I've had my work stolen necessarily, but it was similar. My guild from Wrath had a large chunk of players leave it a few months after Cataclysm started, myself included. I had been the one to take care of our website, forums, and write up our application, rules, etc. When I left, I felt they didn't need to benefit from my work anymore and took them down. Hardly anyone had actually read the code of conduct, mini-guides on applications, etc, that I had worked so hard on. Even the GM and most of my fellow officers had brushed me off when I asked their opinions on my work (after asking me to write them in the first place), so I didn't really feel bad about taking them down. It took them about three weeks to even notice they were gone. At that point I received an angry tirade from my former GM and he had used his website admin powers to restore all the threads I had taken down in the forums - which, I state again, had been solely my work. I was pretty upset at the time - to me it doesn't make sense to have work done by someone who has left your guild (and whom you now seem to despise - apparently my name isn't even allowed to be mentioned) all over your own website. After awhile, though, I just got over it. I figure if they can't write up their own stuff and have to rely on me still (6 months later!), then they're the pathetic ones. :)
Rhamona Q Dec 2nd 2011 10:10PM
Agreed. If they can't be bothered to put together their own charter, they're not going to be bothered to run their own guild properly. If they're the thieving, poaching kind of people you present them to be, those attitudes are going to become apparent to their new recruits. I expect the new guild will implode soon enough.
Xantenise Dec 2nd 2011 11:25PM
I've had my work stolen before. Luckily it was on deviantART so I could file a take down notice, and it got removed. I feel you, Boomkin, and I wish you the best of luck. If their website's on, say, Guild Portal, you might be able to contact Guild Portal and tell them about it and they might take it down for you.
Edymnion Dec 2nd 2011 11:49PM
I've had my work stolen by a major company, printed in a book, and them making a profit off it. Pissed me off, but nothing I could do, as I had made the mistake of posting it on their forums and part of the ToS was granting them the right to use anything posted on their boards. Was very nice, when I made a post pointing out exactly how their stuff was ripped off of mine, I got a nice friendly cease and desist order from their legal department.
After that I learned to host it on my own site and post links to it on message boards.
The good news is I guess in a way I can say I had one of my monsters published in an official D&D book. Bad news is WotC won't admit to it.
Turtell Dec 2nd 2011 11:58PM
What was it exactly? I'm curious.
Irysh Dec 3rd 2011 2:11AM
As the PO'ed Boomkin referenced above, I'm happy to report that a scant four days after sending Mat that e-mail, and six days after I discovered my work was stolen, my legal wranglings proved effective and the offenders in question removed the infringing content.
Even though neither I nor the offender was profiting off of my work, I'm one of those people who truly care about the principle, and wanted to teach someone a lesson. I'm just glad it worked out in the long run.
Epilogue: The offender who misappropriated my charter had one entire raid team and half of a second leave his guild when they found out about his true colors (namely, the fact that he has no respect for anyone or anything). His guild only lasted barely two months and it's now effectively dead with it's former members spreading to the four winds. Poetic justice.
Shout out to Scott from Officer's Quarters, who also responded to a e-mail. You were right, Scott - being ourselves and being successful (along with a smidge of 17 U.S.C. ยง 504 (c) knowledge /wink) led to us being triumphant in the long run.
inciteraidinggmailcom Dec 3rd 2011 2:16AM
P.S. Gimmlette: Grats on your 4th. We'll be working toward our second in another 8 months, and it's great as a GM to have exceptional officers (I also count myself lucky in that regard).
Minos Dec 3rd 2011 11:05AM
Google is at least trying to get those scraper sites out of their search results, especially when they're ranked above the original. They're looking for examples to use for data to tweak their algorithm:
https://docs.google.com/spreadsheet/viewform?formkey=dGM4TXhIOFd3c1hZR2NHUDN1NmllU0E6MQ&ndplr=1
(BTW, if "scraper site" is the common term, then I suggest we call the scum who run them "scrapists".)
shotiechan Dec 3rd 2011 1:31PM
@Minos:
"(BTW, if "scraper site" is the common term, then I suggest we call the scum who run them "scrapists".)"
Can we please not? I'm not sure if you're intending to imply that they're like rapists or not, but if you are (and even if you directly aren't), it's really diminishing the severity of rape and is basically perpetuating rape culture to do it.
If this isn't your intention, then it's worth noting it STILL perpetuates rape culture and isn't really appropriate anyway, and could actually be triggering and upsetting to some rape victims, of which many people are.
Agony Dec 3rd 2011 1:17PM
@PO'ed: I've had my work stolen by another website, so I contacted the webmaster and informed them that my work was being used without my consent, and I would be fine with this if it just had a notation that this work was my property and was used with my permission, maybe even with a link to my own site as it was a similar genre anyway. I was basically told to fu** off.
Well, needless to say, that ticked me off a bit. So, that having been done, here's what *I* did: first, a whois to find who their service was through, then I contacted the server and informed them of this transgression, backed up by chapter and verse of their Terms of Service agreement. The site was suspended for violation of the ToS. This then turned into a battle with threats of a lawsuit from the offending bitc*-in-charge of the website, so I just patiently sent the server a photocopy of my copyright document from the LoC and surprise! No more nasty letters, emails, or what-have-you. The site came back up on another server, I found out, but my work was absent from it. I kept tabs on it for another year just to make certain, but it looks like once her legs were chopped out from under her, she decided it was more than a flesh wound. :-)
By all means, get the LoC documentation and use this to your advantage - that's what it's there for. Good luck!
shotiechan Dec 3rd 2011 1:31PM
@Furrama
I'm pretty sure DA has the wording on their site so that they have the right to distribute anyone's art if they decide to use the site. :/
rquiksilver182 Dec 3rd 2011 3:17PM
Actually, no they do not give fair use rights. Once you post it under your name, it is your property. It is implied. I have seen many instances where people would modify or straight up steal someone's work and put their name on it without permission or any kind of link back to the person they got it from. The only place on DA that you submit something and expect someone else to use your work is in the stock images and possibly the scraps, and even then, they expect at least a shout out saying this is the person who provided the stock image.
http://about.deviantart.com/policy/copyright/