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2022-07-24, 01:42 PM (ISO 8601)
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- Jul 2022
Themberchaud is a total Empires of blood rip off!
The new D&D movie trailer has a bunch of people talking about Themberchaud, the festively plump red dragon from the 5e “Out of the Abyss” book, which came out in 2015. No one seems to notice that it was a TOTAL Empires of Blood rip off, which came out in 2010. What the hell!?! That’s copy right infringement, no? Rich gotta drop a big old law suet chonkier than her royal widnesses beautiful backside on WotC
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2022-07-24, 02:03 PM (ISO 8601)
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- Aug 2017
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- France
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Re: Themberchaud is a total Empires of blood rip off!
Forum Wisdom
Mage avatar by smutmulch & linklele.
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2022-07-24, 02:12 PM (ISO 8601)
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- Jul 2022
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- Misery (h/t XTC)
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Re: Themberchaud is a total Empires of blood rip off!
He wouldn't have to trademark her, he'd need the copyright! Notably different.
That being said, it's not a great copyright claim either unless Themberchaud is a puppet ruler installed by mortal advisors who specifically eats because he thinks that getting bigger will make him more powerful. Especially since Hasbro would be able to point out that the whole notion of how dragons work in this comic is based on their IP in the first place."But it always seemed weird to me to get mad about things going wrong, as if everything turning out OK was promised to anyone, ever. There wouldn't need to be paladins if the world was, like, fair." -Lien
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2022-07-24, 02:51 PM (ISO 8601)
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- May 2015
- Location
- Texas
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Re: Themberchaud is a total Empires of blood rip off!
Last edited by KorvinStarmast; 2022-07-24 at 02:52 PM.
Avatar by linklele. How Teleport Worksa. Malifice (paraphrased):
Rulings are not 'House Rules.' Rulings are a DM doing what DMs are supposed to do.
b. greenstone (paraphrased):
Agency means that they {players} control their character's actions; you control the world's reactions to the character's actions.
Second known member of the Greyview Appreciation Society
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2022-07-24, 03:29 PM (ISO 8601)
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- Jul 2022
- Location
- Misery (h/t XTC)
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Re: Themberchaud is a total Empires of blood rip off!
"But it always seemed weird to me to get mad about things going wrong, as if everything turning out OK was promised to anyone, ever. There wouldn't need to be paladins if the world was, like, fair." -Lien
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2022-07-24, 04:59 PM (ISO 8601)
- Join Date
- Oct 2018
- Location
- Australia
- Gender
Re: Themberchaud is a total Empires of blood rip off!
There is no such thing as an original thought.
Imagine how few things you could write if you couldn't have characters that vaguely resemble characters from other pieces of media. I mean, there are so many characters in Order of the Stick alone, let alone every other webcomic and game and movie and book... the existence of another fat red dragon is not even approaching a copyright infringement issue.My bubble cannot be burst. It is impervious to physical damage.
Bugbear cleric avatar by me.
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2022-07-24, 08:09 PM (ISO 8601)
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- Dec 2019
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Re: Themberchaud is a total Empires of blood rip off!
Fat dragons precede the both, just look at DeviantArt.
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2022-07-24, 08:20 PM (ISO 8601)
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- Jul 2022
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- Misery (h/t XTC)
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Re: Themberchaud is a total Empires of blood rip off!
Fat dragons precede the both, and fat babies have no pride.
"But it always seemed weird to me to get mad about things going wrong, as if everything turning out OK was promised to anyone, ever. There wouldn't need to be paladins if the world was, like, fair." -Lien
I get to be a favorite today!
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2022-08-04, 08:53 AM (ISO 8601)
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- Sep 2008
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2022-08-04, 10:46 AM (ISO 8601)
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- Aug 2017
- Location
- France
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Re: Themberchaud is a total Empires of blood rip off!
Forum Wisdom
Mage avatar by smutmulch & linklele.
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2022-08-04, 04:03 PM (ISO 8601)
- Join Date
- May 2015
- Location
- Texas
- Gender
Re: Themberchaud is a total Empires of blood rip off!
Avatar by linklele. How Teleport Worksa. Malifice (paraphrased):
Rulings are not 'House Rules.' Rulings are a DM doing what DMs are supposed to do.
b. greenstone (paraphrased):
Agency means that they {players} control their character's actions; you control the world's reactions to the character's actions.
Second known member of the Greyview Appreciation Society
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2022-08-04, 09:32 PM (ISO 8601)
- Join Date
- Jul 2022
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- Misery (h/t XTC)
- Gender
Re: Themberchaud is a total Empires of blood rip off!
Oh, please forgive me if that came across as if it were any sort of slight or insult; regardless of any language barrier, the terms are frequently (and incorrectly) used interchangeably by lots of people as if they were analogous concepts. My intent was to educate, not dismiss or insult, always.
To compress a whole lot of stuff into a rather inaccurate but still broadly applicable summary, trademark refers to names, terms, and logos that are used to market a product (i.e., a mark of your trade) and has nothing inherently to do with the content of those works. Copyright, meanwhile, refers to the ideas within those works and the concepts contained thereupon. You'll note that The Order of the Stick is trademarked, for example, but that trademark doesn't apply to the contents of the strip, just to the logo and the name itself within this particular sphere. If someone made another comic called The League of the Branch, that wouldn't infringe on trademark, but if it starred a dark-skinned bald human warrior in blue armor with a green-hilted sword named Ray Gronhilt... well, that's a copyright case right there.
It's all very complicated which is why lawyers charge a great deal of money to successfully pursue these cases.
This would be a bad idea as I have not passed the bar and am not authorized to practice law anywhere, nor have I paid the Giant nearly enough money to be entitled to even a tiny cameo in his comic. Understanding the broad strokes of law due to research because I love learning about things does not qualify me to practice it in a professional setting."But it always seemed weird to me to get mad about things going wrong, as if everything turning out OK was promised to anyone, ever. There wouldn't need to be paladins if the world was, like, fair." -Lien
I get to be a favorite today!