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Old 10-08-2007, 01:46 PM   #1
intreped
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EDIT: (moved to Magic General) Thanks, mods.

I was wondering what people think about taking decklists from a Premium article and posting them here. There were more than a couple of requests in the Standard forums for exactly that, and I saw mixed reactions among the posts.

Is it legal?
Are decklists the property of SCG? What is "property" in this case?

Is it ethical?
Does SCG lose business by someone posting those lists here? Do they "deserve" that business in the first place?

Discuss!

Last edited by intreped; 10-08-2007 at 02:57 PM.
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Old 10-08-2007, 01:51 PM   #2
stu55
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I dont see why this is a problem. Some one somewhere must be working on the same deck list some where. Flores or whoever are not the only deck builders in the world that make good decks. They can just claim that they were working on the same thing and make no mention of the SCG article.
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Old 10-08-2007, 01:52 PM   #3
Jank Golem
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Decklists in Premium articles are free to be released to the public, I think you can even look them up in the SCG database. The actual content of the article however is viewable by premium users only.
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Old 10-08-2007, 02:15 PM   #4
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I just made an account and tried to look at a premium deck through the deck finder as suggeted.

"To view this deck, you must be a StarCityGames.com Premium member."

So, apparently that doesn't work.
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Old 10-08-2007, 03:13 PM   #5
Goatchunx
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Yes, apparently, those decks are "intellectual property," which strikes me as dumb.
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Help has come in the form of a bit of basic algebra. I feel that it'll shed some light on your problem here.
Basically:
S + T = W
...S in this case stands for 'spam' and the T stands for 'light trolling'. And the W? That stands for 'Warning'. I love math. -- {mikeyG}

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Old 10-08-2007, 04:44 PM   #6
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How is a decklist NOT intellectual property? People do make money selling lists, you know.
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Old 10-08-2007, 05:27 PM   #7
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I e-mailed SCG this morning asking them if it was okay if we did this. Still awaiting a response.
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Old 10-08-2007, 06:10 PM   #8
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Currently recipes (for cooking) cannot be copyrighted. If decklists are the same, then copying them from SCG shouldn't be a problem. I would be extremely surprised, though, if SCG says its ok.

The articles are completely different, as well as any text that shows you how to play the deck (likewise, the instructions in a cookbook are copyrighted). Copying them is most certainly a breach in copyright.
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Old 10-08-2007, 10:24 PM   #9
Yare
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Well, I know over on TheManaDrain they post the blurb for the article and then the decklist in the post fairly often, so unless the policy has changed since that time, there isn't any policy against that.
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Old 10-08-2007, 10:41 PM   #10
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It is my understanding that the decklists are fair game but all the writing/insight = premium material. This seems odd that a person who is not subscribing cannot see the decklist (giving the illusion that it too is premium), but I believe this to be the case.

Hopefully their response will clear things up.
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Old 10-08-2007, 10:45 PM   #11
Cyan
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It's a futile effort to try and stop people from posting the decklists from those articles, because there is no way to determine whether or not they actually are they decklists from the articles. I believe this is why SCG doesn't really care. Half the time the person writing the article didn't make the deck(if it is their deck at all), thus any kind of 'intellectual property' claims because extremely sketchy.
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Old 10-09-2007, 09:49 AM   #12
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Whether or not it is "futile" has no bearing on whether or not it is "legal."

Case in point: I believe it is Futile for a record company tosay nobody may place their songs for free on a P2P server. I also KNOW that it is illegal.

This is an analagous situation. It may be futile because the deck will get out there eventually, but that does not make it legal for someone to copy it from the article and post it here.
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Old 10-09-2007, 09:58 AM   #13
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Being a lawyer I can say a deck list cannot belong to SCG because the cards are the property of WOTC. You can not copy the article and repost it with out consent, but you can repost the actual card list in the deck being the cards are not property of SCG. It would be like Home and Garden sewing someone for having the same plants in there yard as they did in an article they had in a magazine.
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Old 10-09-2007, 10:05 AM   #14
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Quote:
Originally Posted by tripeboi View Post
Being a lawyer I can say a deck list cannot belong to SCG because the cards are the property of WOTC. You can not copy the article and repost it with out consent, but you can repost the actual card list in the deck being the cards are not property of SCG. It would be like Home and Garden sewing someone for having the same plants in there yard as they did in an article they had in a magazine.
True, but lists and compilations of data CAN be under copyright (i.e. a phone book etc.)

The specific card titles are owned by WOTC yes, but the specific organization into a deck consisting of these exact 75 cards is NOT owned by WOTC and could be under copyright.
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Old 10-09-2007, 11:00 AM   #15
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Quote:
Originally Posted by bLatch View Post
True, but lists and compilations of data CAN be under copyright (i.e. a phone book etc.)

The specific card titles are owned by WOTC yes, but the specific organization into a deck consisting of these exact 75 cards is NOT owned by WOTC and could be under copyright.

It would be impossible to SCG to prove someone stole a list of the 75 best cards for a specific purpose of a deck, i.e. "red deck wins" from the worlds most popular TCG. In the content of a TCG all someone would have to do to change a deck. Would to be add or subtract just ONE card.

SCG CAN NOT copyright a list of cards owned by another company. THEY CAN copyright an article written by them or submitted to them that has a list of cards mentioned in the article. But a specific card deck? No impossible.
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