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Hi!
I feel qualified to weigh in here since these issues were present and discussed at netepics birth.
First off certain terms may be copyrighted, but game mechanics are not. Thus, IF E:A is TOTALLY REWRITTEN, even if the game mechanics are the same its not infringement. Also if doing the re-write, all IP terms are "changed" such as calling SM, "powered armored dudes!" or some such, even though the end result is the same, it does not infringe, since the IP terms are not there.
The reason I know a little about these things is back when netepic was born, we were ready to rewrite ALL GW IP terms in our own terms. We had already rewritten the rules (and it its version 1.0 there was little real difference from the GW SM 2nd edition rules), so we did not infringe in that sense. Since GW never seemed to have a problem with netepic, we never bothered to change there IP terms (eldar, orks and such) and left them as is. But if they ever did ask for them to be removed, they would be and new terms used.
Netepic is has been here for more than 10 years and we HAVE been looked over by GW.. and have passed the "taste test". Mind you they have been "kind" in letting us continue to use their IP terms, but as far as game mechanics they cant touch us.
In Essense, if PG fully rewrites the rules and eliminates IP usage, in the LEGAL sense he is fine.
HOWEVER, I take the time to clearly point out that one thing is to follow the letter of the law and another avoiding a suit.
Even if PG does all the right things right and in legality is doing the right thing, this does NOT mean GW could not sue him jut to apply pressure and make him desist.
Its not fair of course, but its DONE ALL THE TIME IN REAL LIFE.
Of course, GW would balance what they have to gain versus the bad press such a move may engender, but then again sometimes game companies do very weird things.
It would be no surprise that I support PG's move to take control of the rules and send GW to heck. But I hope PG knows what a gargantuan task he is going to undertake and hope he has a group of people to give him a hand.
Good Luck!!
Primarch
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