Law of the Geek

Today's episode features three great interviews from Geoff at Chicon 7, while Melina was busy goofing off at Dragon*Con on her birthday. Because this was recorded at a convention panel, the sound quality is not up to par with our normal episodes, and may be inconsistent from interview to interview. In addition, this episode has not been substantially edited. If this is the first episode you’ve ever listened to, we recommend you go back on our website and listen to one of our earlier episodes to get acquainted with us. First, Geoff talks to the energetic Daniel M. Kimmel, former lawyer turned film critic, and Hugo Nominee for Best Related Work for Jar Jar Binks Must Die . . . and Other Observations about Science Fiction Movies, which can be found here. His reviews can currently be found at northshoremovies.net. Next, Geoff talks to the up and coming scifi author Nancy Fulda, Hugo Nominee for Best Short Story for "Movement," who is also nominated for the Nebula Award. More details on her can be found here and here. Finally, the vigilant Geoff tackles issues related to fanfic, joint collaboration, Star Trek, vampires, and “intimate adventures,” with Jacqueline Lichtenberg and Jean Lorrah, joint collaborators on the Sime- Gen Universe. These interesting ladies know the importance of understanding intellectual property law for writers. Forever Knight... Really, Geoff? More information can be found here, here, here, and here. A big thanks to Geoff for giving Melina her "Day Off" at Dragon*Con for her birthday. We promise to return in two weeks with a deliciously "Evil" regularly scheduled episode!

In this episode, Melina Pinilla, Geoff Gerber, and fellow attorney Justin D. Jacobson (http://geeklawyers.com/) team up to answer geeky questions about the law for Gencon attendees! Because this was recorded at a convention panel, the sound quality is not up to par with our normal episodes, and you might have trouble hearing some of the audience questions. In addition, this episode has not been substantially edited. If this is the first episode you’ve ever listened to, we recommend you go back on our website and listen to one of our earlier episodes to get acquainted with us. And remember, none of this is legal advice folks! Geoff and I will return in two weeks with a regularly scheduled episode! Enjoy!

I. Melina and Geoff pat themselves on the back a bit for the ENnie Nomination and Parsec Finalist news! II. Gencon is this weekend!! III. Something New: Will a D&D Monster Manual illustrator sue Rush Limbaugh? To be determined! IV. Something Borrowed: Novels starting as Fanfic, a twitter discussion from @pedr. V. Something Old: It's time to update several of our old episodes and let you know what's been happening in the courts! VI. Scrolls v. Elder Scrolls – Episode 3 V. SOPA – Episode 4 VI. Cowboys and Aliens v. Cowboys and Aliens – Episode 6 VII. Diary of a Wimpy Kid v. Diary of a Zombie Kid – Episode 7 VIII. EBookopoly Lawsuit – Episode 14 IX. Inspectre Spacetime v. The Untitled Webseries about a Space Traveler Who can Also Travel Through time – Episode 15 X. Tripletown v. Yetitown– Episode 16 XI. OMG it’s the OGL – Episode 17 XII. Link v. Assassin’s Creed – Episode 18 XIII. FunnyJunk v. The Oatmeal – Episode 19 XIV. Legal Precautions for Game Designers – Episode 20 XV. Hmmmm.... did we get to something blue? XVI. Come see us at Gencon - it's going to be a blast! Come by our panel, Law for Geeks, at 3pm on Friday in the convention center, for an on-site recording of our next episode!

SPECIAL PRE-SHOW ANNOUNCEMENT: Thanks to everyone who voted for us in the ENnies! We are also a finalist for a Parsec award for Best Fact Behind the Fiction Podcast. It's been an exciting year! Today we have an episode on a very complex "Super" topic. Melina admits to being woefully unprepared for this topic. She's also been watching a lot of Dark Shadows. A little about copyright assignment termination rights from Geoff. Are you still awake? Geoff and Melina have to take a brief time out. Intermission music provided. A little about interlocutory appeals from Geoff. Geoff likes Latin. Melina likes the Carmina Burana. If you weren't asleep before, you definitely are now. Geoff and Melina realize they STILL haven't explained what the case is about. 17 minutes in, we finally start talking about Superman and what the suit is about. Why this lawsuit is a big deal, including the new Superman reboot. How the lawsuit "got weird." The case of the angry attorney and the unlikely holiday gift. Superman as a criminal mastermind? Melina tests Geoff on his Superman origin knowledge. Melina and Geoff banter for a bit about the new movie. Don't forget to come to our panel at Gencon Indy! Friday, 3pm, in the convention center! Catch us in 2 weeks!

IMPORTANT ANNOUNCEMENT! Law of the Geek is one of five podcasts that has been nominated for a Gen Con EN World RPG Award (also called an ENnie”). These awards are peoples’ choice awards, and the final winners are voted upon online by the gaming public. Therefore, we really need your help!! Voting starts this Friday and only runs for 10 days – it only takes a few moments, and we’ll have a link on our website starting Friday where you can go vote. If you’ve ever listened to us, we desperately need your vote, so please consider taking a moment on Friday to vote. And congratulations to all of the other nominees, as well as to all of the podcasts who submitted this year. We are deeply honored by this nomination. Today we have a very special short episode with Jenn Steen from the Jennisodes Podcast! Unfortunately Geoff is off this week, so it will be 30 minutes of estrogen filled fun. Girls Gone Gaming? Jenn is an Indie Game Designer based out of Pennsylvania and host of The Jennisodes, which can be found here. A little bit about Project Ninja Panda Taco, her new game! Melina finds out what legal precautions Jenn chose to take at each stage of the process and what she plans to do in the future. Jenn advises the listeners to always pay their taxes. She does not like getting into trouble. Come to Gencon Indy if you want to meet Jenn! Help back Project Ninja Panda Taco here – it only runs for one more week and there are some really awesome rewards levels! And find more here to get updates after the Kickstarter funds! In two weeks, catch your regularly scheduled Law of the Geek episode, featuring the RETURN OF GEOFF aka “The IP Powerhouse,” for a very “suuuuuper” topic! Thanks to Jenn for coming on the show! And congrats to her for her ENnie nomination as well!

I. A pre-show legal disclaimer as well as kid disclaimer. This episode is rated PG-13. II. Announcement: Gencon pre-registration has closed! If you’re planning to attend, prepare for long at-the-door registration lines. III. FunnyJunk v. The Oatmeal – lots of disclaimers, and the background story. IV. The blog post and charity campaign that started it all, here. V. The complaint dissected: Carreon v. Inman, et al. VI. Suing the National Wildlife Federation and American Cancer Society to impose a constructive trust. VII. Suing Inman and “John Does” of the Internet for Use of a False Designation and Cybervandalism. V. Thanks to the many people who emailed us this story. Catch us in two weeks!

NonLegal Disclaimer: Melina is sick and sounds really whiny this episode. Diecon is coming up! Get details here! Come play 4E with Melina! Today’s episode is a listener submitted topic submitted by @williampall – Link: A Novel versus the Assassin’s Creed franchise. A short lawsuit with a long complaint: Beiswenger v. Ubisoft Entertainment et al. A very long tangent about hypnosis and accessing your ancestral memories. Geoff’s bad experience with being strapped to a chair. The complaint makes Geoff and Melina giggle. A lot. Link: A Novel. As read by Geoff Gerber. Ubisoft turns the tables on Beiswenger. A special announcement from Jennisodes and The Podge Cast! Law of the Geek is a proud sponsor of the GenCon Social. If you’re coming to GenCon, be sure to get a ticket to the GenCon Social, available here!

Today’s episode is a follow-up to last week’s discussion on copyrightability of systems, or lack thereof. II. Announcements: The St. Louis Ren Faire is still going on for another week. Diecon is coming up! Also, check out the Good Old Boys Game Club on Facebook and be sure to check out the next Game Day! Geoff and Melina attended Game Day Saturday – it was a ton of fun! III. Deconstructing D&D. IV. Ogling the OGL. Permission to breathe, captain? V. Catch us in two weeks!

I. Today’s topic is a listener mail topic submitted by Pete Griffith aka @pedr. It’s a recent lawsuit involving a game called “Triple Town” and a game called “Yeti Town” – an issue that implicates the question of whether game systems are protectable under copyright law. II. Announcement! GenCon Event Registration opened yesterday. If you’re attending, be sure to come meet us at our free question and answer panel on Law for Geeks – with Justin D. Jacobson, a fellow attorney and gamer over in Florida. Friday at 3pm! Find the catalogue on GenCon’s website, here! III. Another announcement! If you’re in the STL area, check out the Wentzville Renaissance Faire, which also opened this past weekend. Get directions and more information, here. IV. Let’s get to the main topic! Background on Triple Town and Yeti Town. V. The Complaint: filed in the US District Court for the Western District of Washington at Seattle. 12-cv-147. Spry Fox, LLC v. Lolapps, Inc. et al. VI. We talk about the similarities alleged in complaint. And Geoff loses all Star Wars related geek cred. WAMPA! VII. The current status of the suit. VIII. Are games protected by copyright law? Let’s break it down!! What is and what isn’t protected. IX. How the suit may play out. X. Come play Fiasco with Melina at "Game Day" in Arnold. Details here. XI. Thanks for listening! Have a great Memorial Day Weekend! Catch us in 2 weeks!

Today’s topic is a recent issue involving Doctor Who and the television show Community; tying in issues of copyright, trademark, fair use, and fanfic. (Isn’t my title clever…will anyone actually get it?) Thank You’s: Adam, for rushing home during his lunch break and fixing our upload of our last episode, saving us when Michael Stackpole tweeted that our last episode cut off halfway through. Geoff promises you a beer. The RPG Podcast Listener Survey has been an ongoing endeavor to identify the audience and trends in RPG Podcast Listening. If you're an RPG podcast listener, and haven't taken the survey already, please consider taking the survey by clicking here. It only takes a few minutes! If you're interested in the results of previous years to see how your contributions will be used, check out last year’s analysis here. Melina’s mega-quick Forge Midwest recap! She got to play Dungeonworld, Lady Blackbird, and got to meet Tim Koppang from episode 13! We talk a while about Doctor Who. We both love The Ninth Doctor. Then we talk a while about Community! Melina’s a big fan. Especially of the D&D episode. Community’s creation, Inspector Spacetime! Let the Battle Commence: “Inspector Spacetime The Webseries” n/k/a “An Untitled Webseries About A Space Traveler Who Can Also Travel Through Time.” See what all the fuss is about here. Comparing Doctor Who and Inspector Spacetime. Legally a parody? Comparing Inspector Spacetime and the Untitled Webseries. Legally a parody? Thanks for listening! Happy Cinco de Mayo hangover recovery! Catch us in 2 weeks!

Today’s episode is about a VERY current topic – the antitrust lawsuit filed by the DOJ a week and a half ago regarding e-book pricing. No thank you’s today, but we do have a "Congrats!" Jennisodes – for landing an interview with Wil Wheaton as her celebratory 100th Episode. Wow! You go girl- we’re officially jealous. Catch the interview here DOJ has initiated an antitrust lawsuit in the US District Court for the Southern District of New York against Apple and five really big publishing houses. 12-cv-2826. The backdrop: Accusations of the “Amazon Monopoly” and what the Agency Model is. The Sherman Act: 15 USC Section 1, and the tale woven by the Complaint: 46 pages of glorious detail about late night encounters in the private rooms of posh Italian restaurants. Who settles and who’s prepared to fight. The Impact on You: How the impending battle will affect writers and consumers. Catch us in two weeks, and if you’re in Madison, WI this coming weekend, come game with Melina at Forge Midwest. She’ll be running Fiasco and maybe even Inspectres!

On today’s episode we have a special treat! We’re going to be interviewing game designer Daniel Solis and his attorney, Tim Koppang. In addition to his success in designing RPGs such as such as Do: Pilgrims of the Flying Temple, and Happy Birthday, Robot! (and generally being an all-around interesting guy), Daniel has recently been on a journey that has taken him through some of the legal challenges and pitfalls of game licensing. Daniel is here to talk about his experience with Tim Koppang, attorney by day, game designer by night. A little about Daniel and Tim, and their respective backgrounds in "Geek Culture." What is “SageFight?” Melina just has to know. Happy Birthday, Robot! The origin story. Enter agreement with Evil Hat Productions. Sandstorm and the phantom boxed set. The pitfalls and how Daniel got his license back. Find Happy Birthday, Robot! here at Evil Hat Productions and check out Daniel’s other projects at his blog Check out what Tim’s working on at www.tckroleplaying.com, and if you’re interested in his day job/alternate identity, find him here If you’re in the area, catch Tim and Melina at Forge Midwest April 27-29 in Madison, WI

Your listener-submitted Right of Publicity topics regarding these five celebrities are discussed in this episode! I. Thank you to everyone who has donated to the American Lung Association! We mastered the met! More pictures are posted on twitter. Our thanks goes to: Suzanne Gerber Chris from the Wapcaplets Podcast Dustin from The Underdiscussion Podcast Kevin from The Underdiscussion Podcast Denise Dalton Tresi Arvizo Ryan Kinkelaar Josh Thomson Eric Smailys Gabrielle Miller The Horton-Amelung-Wooldridge Foundation Becca Brown Big E and The Fabulous Mrs. Thomas II. LOTS AND LOTS OF LISTENER MAIL!! Remember folks, this is not legal advice! III. The case of the infamous Steve Jobs action figure: From Sean Dalton. IV. The mystery of Vincent Price Dry Cleaners: From Joel Lattanzi. V. The web comic featuring Michael Crichton, Super Sleuth! From Matt. Just, Matt. VI. Batman’s Wild Night with Neil Patrick Harris. From Fridrik Bjarnason. VII. Jerry Fallwell takes on Hustler Magazine. Also From Fridrik Bjarnason. VIII. Thanks again for listening! Catch us in 2 weeks!

I. Thank you to everyone who has donated to the American Lung Association so far on our behalf! Next episode we’ll call out our donor roll and tell you how we did on the climb! II. Today's episode is all about Right of Publicity! III. What is it and what are the methods to enforce your rights as a celebrity? IV. FIRST EVER, LAW OF THE GEEK CONTEST!!! Post the answer to the following question before 5pm CST this Friday in the comments section of this episode on our website, or tweet the answer @lawofthegeek: Who coined the term “Right of Publicity,” and in what year? One winner will be announced on the next episode and will win a Law of the Geek t-shirt! V. Elements of claims for Commercial Appropriation and False Endorsement. VI. A Smattering of Cases on Right of Publicity: Woody Allen, Johnny Carson, and Vanna White! VII. First Amendment concerns. VIII. Next week: Part II of Right of Publicity: 3 lucky listeners get their listener mail answered! IX. If you’re in Iowa during the weekend of the 24th and 25th, I’ll be at The Walking Eye Con – a gaming/podcaster convention held by The Walking Eye Podcast. So come say hi! And catch us in 2 weeks!

I. Geoff and Melina momentarily have a complete brain lapse and forget about the Jump to the Left and then the Step to the Right. II. Guess we were wrong about the Super Bowl winner. Oh well, at least the party was fun. Hope everyone had a great Super Bowl, Love a Lawyer Day, Visioncon, and Mardi Gras! (Geez, February was a busy month!) III. Thank You! - @JBMannon says he has a copy of The Lexicon from the Harry Potter case from our last fanfiction discussion, so apparently at least a few copies slipped into distribution. IV. Today’s entire episode is devoted to another piece of listener mail! @JamesDillane like to know about the “In Time” lawsuit that was dismissed at the end of last year. A. The Kilimanjaro Corporation v. New Regency Productions, Inc., 11-CV-07575. This is a suit between Harlan Ellison, writer of the sci fi short story “Repent Harlequin! Said the Ticktockman” who is suing New Regency Productions for copyright infringement over the Justin Timberlake movie "In Time." B. Geoff and Melina play movie reviewers for a few minutes. C. The complaint, and its “modest” allegations. D. Let’s talk about “substantial similarity.” (But Geoff REALLY wants to talk about differences). E. The similarities alleged in the complaint. F. Your hosts noticed a whole host of differences! (Spoiler Alert!) G. How the suit ended. H. More rampant speculation, courtesy of your hosts. V. A brief note on Ellison’s other lawsuits. Ellison vigorously protects his IP! A. James Cameron and The Terminator. B. Paramount (owners of Star Trek) and the City on the Edge of Forever. C. America Online and others. D. Fantographics and the defamation suit…. we should probably say that everything in this podcast constitutes our opinion and any “factual” statements come from our reading of the complaint and other public court documents and news sites. (We love you Harlan!) VI. Finally, Melina puts Geoff on the spot to “Master the Met!” This is a 1,000 stair vertical “race” up the tallest building in St. Louis – The Metropolitan Building. Since there are 42 flights, and Geoff is 42 years old, and 42 IS the answer to life, the universe, and everything, Geoff issues a challenge: if you WONDERFUL LISTENERS can generate $420 to be donated to the American Lung Association, Geoff and I will enter the race as "Team Law of the Geek!" Really, all we need is 42 of you to donate $10 each! This is TOTALLY doable! Please donate here!