#SciFiFriday #TravellerRPG Legal Wars – Give me Advocate-1!

When can you write about the Traveller RPG? Can you sell what you write?

Traveller, in all its forms and editions, is copyrighted. Copyright protects the publishers (Far Future Enterprises and its licensees) from unauthorized copying or publication. Traveller and associated words and terms are trademarks. Trademark protection protects the publishers from unauthorized use of marks.

We have a liberal Fair Use Policy. If your activity is non-commercial, you can make copies to support playing the game, you can scan copies for your computer, you can write short programs and spreadsheets which automate processes within the game. You can make copies of pages as handouts for players. You can make web pages in support of Traveller.

Fair Use Explicitly Applies to non- Mongoose Traveller editions….Only Mongoose Traveller is governed by both the OGL and TTL….

FAQ FREQUENTLY ASKED QUESTIONS

3. May I rewrite the game in my own words, scan parts of the book, or create any other derivative works.

No….You can write about the Traveller universe, and put it on your web site… but you can’t reproduce the rules (or reproduce re-writes of rules, etc.) except for about a page (because we give you permission to do that, provided you post the proper acknowledgement).

Far Future Enterprises Fair Use Policy, (C) 2008

Here is the copyright notice in the Mongoose Publishing Traveller Core Rulebook, (C)2008:

Traveller (C)2008 Mongoose Publishing. All rights reserved. Reproductions of this work by any means without the written permission of the publisher is expressly forbidden. All significant characters, names, places, items, art and text herein are copyrighted by Mongoose Publishing.

This game product contains no Open Game Content. No portion of this work may be reproduced in any form without written permission.

In September 2008, Mongoose made available the Traveller Developer’s Pack. The pack included a series of Open Game License (OGL) System Reference Documents (SRD) for Traveller, Mercenary, High Guard, and Vehicles. These SRDs pertain exclusively to the rules of Traveller, not any setting.

Legal rights were explained in the Read Me First document of the Developer’s Pack:

I want to produce material based on older and out of print versions of Traveller, and publish them on a non-commercial basis.

Consult the Fair Use Policy Document.

I want to produce and publish my own original material using the current Traveller rules – both commercially and non-commercially.

Consult the Traveller Logo License.

The Read Me First document also stated:

What Can’t I do?

The following is not permitted under the Traveller Developer’s Pack – if you wish to attempt one of these projects, you should contact Mongoose Publishing for further information at msprange@mongoosepublishing.com. This is not a comprehensive list, and you should get in contact if you want to do anything not covered by the Fair Use Policy or Logo Licenses.

  • Publish material for older and out of print versions of Traveller, and release them commercially.
  • Publish software based on the current edition of Traveller.
  • Publish Original Traveller Universe material beyond the confines of the Fair Use Policy or Foreven Free Sector Logo License.

This arrangement was fine; third party publishers like Zozer Games and Gypsy Knights Games could legally publish alternate settings using the then-current Mongoose Traveller (MgT) first edition Core Rulebook. That is, until Mongoose stopped selling the first edition, thus making any commercial release based on the first edition rules ILLEGAL.

Mongoose Publishing currently sells the second edition of MgT. Like the first edition, the game contains no Open Game Content. At the same time the second edition was released, Mongoose entered into an agreement with OneBookShelf (the company that brings us DriveThruRPG.com) to create the Travellers’ Aid Society (TAS) and brought the Community Content Agreement (CCA) to the Traveller gaming community. The CCA allows for commercial uses of the MgT Core Rulebook “…provided that they only use the game system rules and game terms found in the current [my emphasis] edition Traveller books published by Mongoose Publishing.” The real interesting part of the CCA is how the agreement grants Mongoose broad rights to YOUR IP:

“User Generated Content” shall be defined as the copyrightable elements included in your Work, such as original characters, scenes, locations and events. User Generated content shall not include the illustrations and cartographic artwork included in your work. Per the terms of this Agreement, you expressly agree that your User Generated Content, once submitted to the Program will become Program IP and useable by other members of the Program as well as the Owner as described in this Agreement.” Web Post by Harl Quinn – 05-02-2016

What this means is if you are a third party publisher who wants to sell an original setting using the MgT second edition rules, the only way you can legally do so is to use TAS and GIVE UP your IP to Mongoose (not to mention that posting to TAS also means you give up a larger portion of the financial proceeds of the sale to Mongoose and OBS).

The combination of no Open Game Content in the “current” MgT second edition and the CCA effectively means there is no allowable commercial use of the “current” edition rules other than that specified by the CCA. Most importantly, any IP you place in TAS no longer belongs exclusively to YOU; Mongoose and ANY OTHERS can use YOUR IP freely.

Gypsy Knights Games in the comments adds: “I would like to correct one small thing in this post. While it is true that Mongoose and anyone else who likes can use any part of your IP in any way they want, it is important to note that the person using your IP must also be part of the CCA/TAS agreement. It is a small distinction but I think it is an important one.”

Mongoose is not the only publisher with a CCA. Wizards of the Coast has their Dungeon Master’s Guild,  Margaret Weis Productions has their Cortex Plus Creator Studio, and Monte Cook Games has their Cypher System Creator. I can appreciate these folks trying to protect their IP, or in the case of Margaret Weis protecting several licensed IP.
I also totally agree with the third party publishers who don’t like this arrangement. I wrote about that earlier this year, when the outlook looked very bleak. I didn’t see anybody taking the Evil Hat Productions approach of releasing most of their line under not one, but two proper-use licenses.

Thankfully, the future looks much brighter now, thanks to Jason “Flynn” Kemp of Samardan Press. Mr.Flynn has taken the Traveller OGL SRDs and created the Cepheus Engine System Reference Document: A Classic Era Science Fiction 2D6-Based Open Game System. Quite a mouthful, but important for the Advocate skill-holders out there.

Please Note: This product is derived from the Traveller System Reference Document and other Open Gaming Content made available by the Open Game License, and does not contain closed content from products published by either Mongoose Publishing or Far Future Enterprises, and it makes no claim to or challenge to any trademarks held by either entity. The use of the Traveller System Reference Document does not convey the endorsement of this Product by either Mongoose Publishing or Far Future Enterprises as a product of either of their product lines. – Cepheus Engine System Reference Document (c) 2016.

The impact of the Cepheus SRD has been near-instantaneous. Zozer Games has published Orbital 2100: A Solar System Setting for the Cepheus Engine Game. This week, Gypsy Knight Games released Clement Sector: The Rules (An Alternate Cepheus Engine Universe). The GKG rules follow a major rework of their entire (formerly) Traveller RPG-releated line to make their products OGL compliant, even going so far as to strip the word “traveller” from all their books. These products are great because the rise of Cepheus has given me my 2d6-based Sci-Fi adventure gaming mojo back!

You know what? I’m OK with that.

I’m OK because after years of disappointing Mongoose content and watching the roll-out of their second edition (which fails to impress me) I now understand Mongoose is making a naked attempt to take back commercial profits of an IP that the OGL SRD release gave away. Mongoose wants to make bank not only on the Classic Era Third Imperium setting, but any other setting that uses “their” rules engine.

Since 1979 I have gamed with Traveller, but Jason “Flynn” Kemp, Paul Elliott at Zozer, and John Watts at Gypsy Knights Games have together taught me I don’t need “Traveller” to play a fun 2D6-Based Classic Era Sci-Fi RPG.

————-

Post Script: But wait, isn’t there another “current” Traveller RPG out there? All this legal wrangling over MgT second edition also got me thinking about Traveller5. According to the front plate in the T5 Print Edition 5.1:

Copyright (C) 2015 Far Future Enterprises.

All Rights Reserved.

No part of this book may be reproduced in any form or by any means without express written permission from the publisher.

FFE maintains a FUP Fair Use Policy (available on request) detailing reasonable uses of the Traveller5 game system (including references to the material, copying, web presences, and derivative works) while still respecting its copyright and intellectual property.

It appears that T5 is not Open Game Content but allows reasonable non-commercial use. Not being governed by the Open Game License will require negotiating commercial-use with FFE.

“The Traveller game in all forms is owned by Far Future Enterprises. Copyright  1977-2015 Far Future Enterprises.”

 

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5 thoughts on “#SciFiFriday #TravellerRPG Legal Wars – Give me Advocate-1!

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  3. I would like to correct one small thing in this post. While it is true that Mongoose and anyone else who likes can use any part of your IP in any way they want, it is important to note that the person using your IP must also be part of the CCA/TAS agreement. It is a small distinction but I think it is an important one.

    Other than that, this post is spot on and correct. I greatly appreciate the kind words concerning our work with Clement Sector.

    I’d also like to take this opportunity to say a public thanks to Jason “Flynn” Kemp who did a hero’s work in putting together The Cepheus Engine.

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