Third Party Character Creation iOS App Removed

The d20 Fight Club for D&D 5th Edition iOS app has been removed from the Apple App Store by its creator at the request of WotC. The creator reports that he received a Cease & Desist demand (although it's worth noting that some supposed recent C&Ds appear to have turned out to be amicable requests). This follows on from the removal of the D&D Tools website and the more recent online character generator.

The creator reports that "I received a cease and desist order from Wizards of the Coast. All D&D apps will be removed from the App Store as they weren't compliant with WotC's copyrights and trademarks. Hopefully they'll be back in some form someday. Til then, thanks for all the support."

Nobody has actually shared one of these C&Ds yet, and others have indicated that what they actually received was simply a friendly email asking that they respect WotC's trademarks, so it's not entirely clear what is happening. Hopefully somebody will share one soon!

It does look like this particular app contained text and stat blocks copied directly from the D&D books. Below is the DM version of the app (the companion to the character creation app).

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[Eminence_Grise]

I understand takedown notices if WOTC has the intention to release a character creation app soon(tm*soon trademarked Blizzard ent.). I could understand C&D notices if WOTC already had a character creation app available. But they don't. As far as I'm aware their intended product will never be completed. There is no word of a replacement on the horizon, or any plan to do so. At best this is equivalent to C&D notices for fan-fiction. It doesn't accomplish anything but rile up the customer base.

The problem is with american trademark law. If you don't defend your trademark, you risk loosing it. It's called failure to police. For WOTC, the risk is simply not worth it compared to sending a simple cease & desist.

Failure to Police

Trademark rights may also be lost when a trademark owner fails to effectively police its trademark against eroded distinctiveness owing to the presence in the marketplace of confusingly similar third-party marks. For example, if many third parties subsequently begin using the same or a similar trademark in commerce in connection with goods and/or services similar to the trademark owner’s after the trademark owner has already begun use, and the owner does little or nothing to police its trademark, the trademark is likely to lose some or all of its value as a source identifier in the marketplace. As a result, the trademark will become weaker, and in some cases it may lose its distinctiveness entirely. To help avoid such adverse consequences, the trademark owner may police its mark by enforcing its trademark rights through various legal means, such as (a) sending demand letters, (b) proceeding with opposition and cancellation proceedings with administrative entities, (c) proceeding with litigation in the courts, and/or (d) entering into licensing and/or other agreements with third parties, as may be appropriate under the circumstances. While some courts have determined that trademark owners need not necessarily prosecute every infringing third-party use of the mark, such third-party uses can still affect the distinctiveness of the mark in the minds of the public. The optimal policing and enforcement efforts for particular marks may vary with the particular circumstances involved, such as the nature and importance of the mark, the nature of the trademark owner and the size of its legal budget, and the number and nature of the potential third-party trademark infringements.

 

[GMforPowergamers]

If someone made a free fan video game of you book, would you really mind?
Do you really think a free game, even a well made one, would hurt sales of an official game?

I guess it depends. If I never hear about it, I can't complain. If I hear after they already put it out I would be pretty mad. If someone came to me and asked I would be very happy to let them as long as they didn't mangle it anymore then any other game based on a book...

I don't entirely fault WotC for their actions. But it'd be nice if they spelt out what we could or could not do, rather than finding out when a C+D is sent. Making software is time consuming and I'm sure the developer wished he hadn't wasted his time.

I think that making software is something that you should only do when you are sure...

 

[Queer Venger]

Whew, fortunately I downloaded these into my iPad a month ago, they are still working
This probably means that Wizards is developing an app and dont want competition.

 

[Gecko85]

Luckily I already have it. Great app.

 

[Jester David]

I think that making software is something that you should only do when you are sure...

I could say similar things about converting adventures or making new subclasses or updating races...

 

[Icon_Charlie]

This is only going to get worse for the little guy.

 

[Sacrosanct]

If someone made a free fan video game of you book, would you really mind? .

Hell yeah I would. When I create something, I want some sort of element of control over it, and I sure as heck don't want someone releasing something using my IP to create slashfic, or to implement things like racism or any number of things I wouldn't approve of. Especially if there could be confusion from customers as to what my product is all about. I.e., if I create a game (which I have), I don't want people putting out a video game where part of it glorifies killing kids or endorses sexism. And yes, I've actually had people solicit approval for video games in the past using my creations.

 

[JamesonCourage]

If someone made a free fan video game of you book, would you really mind?
Do you really think a free game, even a well made one, would hurt sales of an official game?

Betrayal at Krondor! Amazing old game. Never would've even known of the books (which I haven't read in forever, and even then, only the first two) without that game (which was awesome, and fan-made, if I recall).

But yeah. Stupid move for WotC, in my opinion.

 

[Sunseeker]

The problem is with american trademark law. If you don't defend your trademark, you risk loosing it. It's called failure to police. For WOTC, the risk is simply not worth it compared to sending a simple cease & desist.

No offense, but that's a crap argument. Some of these builders have been around for YEARS.

um, so if I own a book series (and I hope to someday be published) but couldn't put out a toy line, or video game does that mean anyone could put those things out for my characters??? Is my inability to produce something that I have the right to give you the right to take that from me? Does it change if I were rich(witch I am far from)

Nothing is being taken from you, for starters. There is still a wealth of material that can only be accessed through purchase. You have no competing product, so how are you harmed?

"the point" which I feel you are missing, is that fan-creations BENEFIT the hobby. I mean look at all the fan-made stuff out there for D&D. Fan fictions, fan-art, fan-character creators, fan-campaigns, etc... These bring more people, lower the entry bar and generally increase sales.

"You" are not being hurt by these in the slightest, in fact you statistically will benefit.

 

[DaveMage]

WOTC clearly plan to make money off D&D via licensing. They don't really care about selling books now that the core 3 are out, they want to sell more licenses.

In that context the C&Ds make sense.

Yep.