I used to work for a game company, Flying Buffalo, who came out with a fantasy RPG called Tunnels and Trolls back in the '70s. They had the sheer temerity to have HOBBITS in their game! JRR's heirs had successfully beaten up TSR, forcing D&D to use Halflings, and then went after Buffalo. The Buffalo people pulled out old literature predating JRR showing references to Hobbits long before he wrote about them, so they slunk away with their tails between their legs.
If/when GW went after someone else for invalid IP use, this could be used as a defense.
But, this person -- unlike JRR's heirs -- has no standing to sue GW for copyright (or trademark or whatever IP) violation as they don't own the IP (theoretically) being violated.
GW did indeed go after people for using the term "space marines." The EFF helped defend the targeted author, and got the book put back on Amazon.
A few years before that, they went after John Wick for his use of "orks" in his FRPG "Orkworld;" John, lacking the EFF's resources, wound up just pointing out that his orks were standard high fantasy goblinesque people with nothing to do with spacecraft or an SF setting.
The word "hobbit" existed as a Welsh term of measure (four pecks of grain, each peck weighing forty-two pounds), but I can't imagine we wouldn't have heard if it had existed as the name of any sort of mythological personage before Tolkien.
("hobbit" is also found multiple times on Google Books as a scan-o for "bobbit", "babbit","hobbie", "habebit", etc., by the way)
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james_davis_nicoll) wrote2017-08-08 11:11 am
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I wish I had their citations.
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But, this person -- unlike JRR's heirs -- has no standing to sue GW for copyright (or trademark or whatever IP) violation as they don't own the IP (theoretically) being violated.
no subject
A few years before that, they went after John Wick for his use of "orks" in his FRPG "Orkworld;" John, lacking the EFF's resources, wound up just pointing out that his orks were standard high fantasy goblinesque people with nothing to do with spacecraft or an SF setting.
no subject
("hobbit" is also found multiple times on Google Books as a scan-o for "bobbit", "babbit","hobbie", "habebit", etc., by the way)