After the brouhaha broke open again about Games Workshop and their attempts to strong-arm an author over their use of the term “Space Marine,” I got to thinking.
Parody Is Fair Use. This is pretty well established in the courts. So, let’s start there.
When the powerful engage in ridiculous behavior, they deserve to be ridiculed.
To that end, I’m offering a $500 bounty for your best game that takes this situation and turns it into parody.
It can be any kind of game – board, card, console, computer, role playing. Heck it can even be a playset, setting or scenario for an existing game (provided you don’t create licensing issues for yourself).
However, it must meet the following criteria:
- It must be a work of parody
- You must release the text, source code, images and any included assets using an open license (Creative Commons, MIT, OGL)
- It must be wholly your own creation (though it may include friendly licensed assets)
- It must parody Space Marines, Games Workshop’s litigation decisions, WH40K or some other aspect of this whole story.
Note: originally there was a criteria that the title had to contain Space Marine. On reflection (after a comment, see below) I’ve moved that to a Bonus Point item. IANAL, and I still believe after what I’ve read that using trademark in parody is legally defendable, but I want to encourage the ridicule of this situation above all. So, you don’t need to call them Space Marines. We all know what you mean, wink wink.
These things will earn you bonus points:
- If it includes open licensed 3D printable minis
- If the art for the game is suitable for donation to, and accepted by, the Prismatic Art Collection
- If I have a printable version of it in my hands by May 23rd so I can run demos at Kublacon
- If it actually has Space Marine/Space Marines in the title
Deadline for submission is July 1, judging will be done by a panel of esteemed judges who I haven’t found yet, winner will be announced on Aug 1 (though if we get overwhelmed by submissions we reserve the right to shift that date a little). Email thinktank at a terrible idea dot com to throw your hat in the ring. Comment here with questions, or hit me up on the twitters.
I’d write one myself, but I’ve got a few other things going on.
In the meanwhile, show your support for the author.
Buy their stuff. Just say thanks.
Do Something.
@ATerribleIdea So I don’t forget my idea, I’ll tell you: A 2pg parody RPG about the psychological issues of space marines in between battle.
@digitalraven @ATerribleIdea angry marines… They’re always so angry!
@ATerribleIdea Sultry Space Marines: Passion under Pressure. #youarewelcome
In response to this call, I don’t have a printable RPG, but I DO have an idea for a LARP. Cause I’m like that.
“What happens…
when 18 of the Allied Galaxy’s sexiest and most talented ladies, gentlemen, and decline-to-states…
led by the two funniest Alpha Centaurian comedians ever to step off a hyper-golf course and onto the galactic stage…
hop onto an armored star destroyer, suit up in sequined power armor, and go to join our troops in NeoPyongyang?
Why, it’s madcap hilarity as they sing, dance, and lay down rail-gun fire against the Xilbarg Empire– with alluring smiles, lotsa laffs, and freeze-dried donuts and coffee for everyone!
LOOK OUT, SPACE MARINES! HERE COMES THE SPACE U.S.O.!
Write it up! Totally a viable entry.
I guess I should try to get first dibs on my new game idea, “Space Marine Madness”, as Ren & Stimpy’s “Space Madness” is one of the best animations of all time http://www.youtube.com/watch?v=PZCiZpph9jo
Much like your domain name suggests, this is, in fact, a terrible idea, likely to lead to more legal action from GW. You’re going on copyright law, which doesn’t apply to trademarks. Using the term “space marine” in a game will, unambigiously, infringe on GW’s trademark.
@ATerribleIdea @rupazero I’m pretty sure that @xMattieBrice is going to craft the best Space Marine Dating Sim anyone’s ever seen.
What ever happened to Starship Troopers and their space marines? Came long before Warhammer 40k
Ok, so I did some thinking about this, and a bit of reading. IANAL but based on what I’ve read i believe that trademark use in parody is still fair use, but the legal bar is higher.
That said, I’ve moved the “It must have Space Marine in the title” from a criteria to a bonus point item. Submitters should be comfortable with what they create, and this is primarily about wanting to encourage parody of this ridiculous situation.
Is it still a terrible idea?
Consider the source.
But the bounty stands.
BanHammer 40K? Sounds like a plan.
@Threadbare @ATerribleIdea @rupazero Y’all won’t know what to do with yourselves once I make games on the regular.
From Trademark Protection and Prosecuton by Ann Carrington (which deals only with TMs, not copyright law):
“Parodies are permitted. A parody is a form of artistic expression that is protected by the 1st Amendment. Parody is a humorous form of social commentary and literary criticism. A parody must convey two simultaneous and contradictory messages: that it is the original, but also that it is not the original and is instead a parody. Survey evidence is used to prove actual confusion. Very compelling evidence is required. Courts look to see if defendant made it clear to consumers that it was a parody.”
So parody is clear, as long as it’s clearly parody but also clear that consumers are supposed to think it’s GW’s Space Marines but not to the point that consumers will confuse it with GW’s Space Marines. Perfectly clear, right?
Of course, much like the author quoted in the Boing story, anyone challenged would have to fight GW in court to actually prove that their game was a parody, so in this case your disposable cash reserves matter more than whether you are legally in the right. If anyone who does this gets a C&D from GW, I’d suggest adhering to it unless you’re willing to spend a lot of money to prove a point (though I for one would applaud anyone who did fight them in court).
(I’m not a lawyer and don’t play one on TV, so I accept no responsibility if I don’t know what I’m talking about).
I thought I’d better get my title in here and copy-righted in a show of ironic support. Ready for it?
“Burkes! Marine Lawers in Spaaaaace!” (that’s T.M. with 5 “a”‘s)
Elevator pitch:
“The Many. The Litigious. The Marine Lawers.
The Galactic Whoremonger, a 40,000 ton Dread-Very-Little Hammer class “War Ship”(T.M.), teaming with “Marine Lawers”(T.M.), scours the “Galaxy”(T.M.) armed with rapid fire “Cease-and-Desist” (T.M.) heavy armament; to seek out and squash new ideas and new creations, to Boldly Sue Where No-one Would Sue Before!”
“The”(T.M. pending) actual game play is irrelevant, as long as you win (“win” is a copy-righted “biffboff Off-shore Industries” Trademark – as is the word “Trademark” and all derivatives of the letters used in said Property ). Speaking in parentheses is T.M. to (Steven) Wright and no challenge (is) implied.