Infringers of Dune: Dune role-players shut down by Herbert Estate. Spice keeps flowing

Thanks for input and feedback, Tateru...

This is the Q&A that backs-up what I always have believed (and NO, I am not citing this as legal or even a good source to be relied upon LOL)...

"Question: What about a fictional world and the events described in the world? Are they copyrightable? Can I use those in my story?

Answer: It seems unlikely that a FanFic work would include no previous characters but it is not impossible to imagine. Take Tolkien's "Middle-earth" world for example: this world has been taken without the main characters and has been used in role playing games (RPGs) and video games (see the TSR example below). For these cases, it is important to remember that copyright does not extend to ideas. Therefore, incidents, settings or other elements which are indispensable, or at least standard, in the treatment of a given topic are ideas and cannot be copyrighted. For example, the Court of Appeals for the Second Circuit has held that "elements such as drunks, prostitutes, vermin and derelict cars would appear in any realistic work about the work of policemen in the South Bronx." These "scenes a faire" are therefore unprotected. Likewise, the Seventh Circuit has held that mazes, tunnels and scoring tables are unprotected under the scenes a faire doctrine in video games like Duke Nukem."

I have done previous research in this realm because I do write books, albeit I also stay away from the better known "worlds" like Star Wars and such.

So, When I say "ideas" - such as with my comment regarding the Gor world in SL: the idea of a medieval society, the idea of caste-based society, the idea of enslavement, the idea of no guns, swords, bows and daggers etc.

Some of the city names are copyrighted without doubt (I've never heard of a real life "Ar") for example and others are not (I have heard of several locations called "Laura").

As for the term Gor? yes, most likely.

I suspect the folks that debunked the Dune game are unfamiliar with what Second Life really is, and as far as they know works like World of Warcraft or something. Got wind that the copyrighted material was in use and user-created, then shot-off a canned cease and desist to Linden Lab without really understanding that it's fan-fiction and not an attempt at plagiarizing.

though that's what all these role play scenarios really are, aren't they? LOL

Love you columns (I like Hamlet, but you're a more interest writer.)

Anyway, that's my last comment on this topic, just wanted to clarify myself. :)

hm, how different is these things people don in SL from what goes on in an scifi con?

This is one person's opinion. There are a couple of simple truths in this tale. Neither of them is particularly edifying.

The Herbert estate and its agents are entitled to every action they have taken. Frank Herbert's original creation is their property. If the family is as nice personally as has been mentioned in other articles, then I suggest they are ill served by Trident's actions.

Trident Media Group are not required to demonstrate any of the enlightenment of their competitors, and there is no law against stupidity. Trident Media Group has demonstrated a lack of commercial understanding and disregard for the Herbert family's fan base compared to its peers operating the Star Wars, Star Trek and Gor intellectual properties to name a few. There is also a D'ni world happily existing in here from the Myst games. Perhaps Herbert's estate should be put in touch with an enlightened IP management arm.


This is a personal observation on well documented new market development tipping points. Early adopters are ground breakers. The corporate scale client is extremely risk averse. It is a second entrant preferring to leverage an initially proven concept or market.

Sci-Fi and fantasy fan sims abound in Second Life. They are created by amateurs; amateur programmers/builders and amateurs of the law. Linden is happy to take the tier for as long as it is being paid. Linden is failing to see its own enlightened self interest in this as well by not interceding on behalf of Vooper and the broader Sci-fi fan-based sim owners.

Linden is trying to market Second Life commercial opportunities to companies in the real world. Linden spends significant sums trying to create and sell their virtual world value proposition for the IBM's and other global corporations of this world and then misses golden opportunity to step in and create the same business opportunity for viral marketing to a GLOBAL fan base. I said GLOBAL. Splintered Rock's denizens are from all over Europe, North America and elsewhere. They have social networks and friends whose opinions they influence and go to movies with, and they have good memories. That is the norm in SL sims.

Who other than film makers and publishers would be the early adopters of Linden's value proposition? Why not first approach media production companies with this ready made audience for their messages? What about connecting directly with global fan bases one on one via their fans' SL sim networks? (Ultimately, SL will be packaged for sale to a media conglomerate so the inventors can achive their deserved payouts. Again, my opinion about the end game.)

In rl, the sci-fi media producing community encourages everything to sustain fan bases down to and including making amateur copies of weapons, uniforms insignia and makeup, and holding "conventions" and language classes (Klingon & D'ni to name but two). Why? They know this amateur activity sells even more branded merchandise and sustains the franchise by keeping the enthusiast engaged. It's called experiential marketing.

Vooper merely copied what a layman would regard as current best practice in sl for creating a fan based sim when one looks around at other examples. In point of fact, his is the only remaining sim of four original DUNE-themed sims. He has responded to the nastygram by eliminating all reference to DUNE. It's experiences like this from which one learns and IP rights isn't the only lesson being taught, by the way.

The media company is within its rights. Linden is within its rights. But they both have a bad case of dead from the neck up dumbass.

I'm a Fremen on Splintered Rock. The unenlightened can go pound sand.

hm, yeah, it does sound like this move will make them loose more insted of less money, if the others can have similar things done with their IP without loosing any rights nor money, it shouldn't be different for them. It does seems like they're shooting down free viral marketing, perhaps they might even get a bit more attention at first with the polemic and such, but that will only last for a bit of time, and then no more free advertisement + a bunch of upset (ex)fans...