#556116
So this conversation kind of got started a few weeks ago, and then it sort of faded away without any real resolution.
But I wanted to pick it up, because thinking about it, I'm trying to understand the practical difference between the CC selling promos to the public, and community members selling their copies of those same cards to the public. Why is the former considered ok while the latter is (apparently, judging from recent events) cause for a Villagers with Torches moment for the person selling them?
Here are a few bits I've picked up along the way:
At a previous board meeting, there was a position put forward by a board member that CC promos were in fact officially licensed Decipher cards that just happened to have a sticker on them. The inference I personally drew from that statement was that that board member viewed the sale of CC promos as legal for this reason. If that's the case, then wouldn't it be just as legal for someone besides the CC to sell these cards?
A community member with a legal background posted in a different thread that both the CC and third parties could legally sell CC promos under an exception in copyright law, but doing so runs the risk of getting sued - even frivolously- by an entity with deeper pockets than the CC.
As far as I can tell, the CC has no official policy governing the sale of CC-produced cards. There may have been some verbal "don't sell these on eBay" admonishments given out, but I don't recall ever receiving one myself (despite having accumulated a fairly substantial stack of CC foils over the years), and there is nothing in writing that I'm aware of.
So given all of that, here are some questions for discussion:
Why is the sale of CC cards heavily promoted by the CC but heavily discouraged by anybody else?
If a member sells CC cards that the CC itself has sold (e.g., tournament foils) should there be adverse consequences for that member? Why or why not?
Why is there nothing written into the bylaws regarding this issue? Should there be?
Are these even the right questions to be asking? Are there other questions that should be on this list?
And just to be clear where I'm at with this going in: I have no strong position one way or the other. I have no legal background or expertise in the area of copyright law, and I've never personally objected to the CC selling cards. But given the community's reaction to recent developments in this area, I feel the need to gather more facts and viewpoints. I'm coming at this with an open mind and my questions are sincere. I appreciate anyone who can broaden my perspective in this area.
But I wanted to pick it up, because thinking about it, I'm trying to understand the practical difference between the CC selling promos to the public, and community members selling their copies of those same cards to the public. Why is the former considered ok while the latter is (apparently, judging from recent events) cause for a Villagers with Torches moment for the person selling them?
Here are a few bits I've picked up along the way:
At a previous board meeting, there was a position put forward by a board member that CC promos were in fact officially licensed Decipher cards that just happened to have a sticker on them. The inference I personally drew from that statement was that that board member viewed the sale of CC promos as legal for this reason. If that's the case, then wouldn't it be just as legal for someone besides the CC to sell these cards?
A community member with a legal background posted in a different thread that both the CC and third parties could legally sell CC promos under an exception in copyright law, but doing so runs the risk of getting sued - even frivolously- by an entity with deeper pockets than the CC.
As far as I can tell, the CC has no official policy governing the sale of CC-produced cards. There may have been some verbal "don't sell these on eBay" admonishments given out, but I don't recall ever receiving one myself (despite having accumulated a fairly substantial stack of CC foils over the years), and there is nothing in writing that I'm aware of.
So given all of that, here are some questions for discussion:
Why is the sale of CC cards heavily promoted by the CC but heavily discouraged by anybody else?
If a member sells CC cards that the CC itself has sold (e.g., tournament foils) should there be adverse consequences for that member? Why or why not?
Why is there nothing written into the bylaws regarding this issue? Should there be?
Are these even the right questions to be asking? Are there other questions that should be on this list?
And just to be clear where I'm at with this going in: I have no strong position one way or the other. I have no legal background or expertise in the area of copyright law, and I've never personally objected to the CC selling cards. But given the community's reaction to recent developments in this area, I feel the need to gather more facts and viewpoints. I'm coming at this with an open mind and my questions are sincere. I appreciate anyone who can broaden my perspective in this area.
Last edited by Armus on Sat Jun 19, 2021 1:21 am, edited 1 time in total.
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