Diakonov
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« on: December 14, 2011, 11:16:35 am » |
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This discussion was sparked within Nick Coss' proxy system thread and was beginning to branch off, and I thought it was important enough to deserve its own thread. I'll begin by quoting what I thought were two notable segments from that thread: 75 Proxy decks becoming commonplace would represent a low point for Eternal Magic.
Maybe it's not fair, but this is how the Reprint Policy directly affects this format and others; not only do people not want to pay for expensive cards, but they don't want to scribble on Plains to have playable analogs. Maybe people expect too much out of a collectible card game in wanting all their cards to be 'real' cards.
Plastic chess sets go for under 5 bucks. A polished stone set like the kind I got my Dad, about $100. Others go for much more. Magic has no officially recognized "Plastic set", and as entertaining as proxies are, some people have been threatened with C&Ds from Wizards for distributing them. If there were a functional analog to the plastic Chess set - playable cards in Eternal formats that could not be used outside those formats in spite of their legality or potential for reprint in Standard (say, I dunno, 'plastic' Wastelands or Forces for example), that would go a long way towards making the formats more attractive and accessible without succumbing to the icky prospect of non-real proxy decks.
At the first level of analysis, in my opinion, Magic is a card game. It's not a pen&paper game or a game like poker where regular playing cards can be used. It has specific pieces. So it's not unreasonable, in my opinion, to expect people to actually own the cards they want to play with. If someone says to me "hey, do you want to play chess?" And then dumps out checkers pieces I'm going to give them a funny look. However, stepping back a level, WoTC is correspondingly a 'card game company.' Except that they don't make the cards people want (speaking specifically in this context of Power/Shops/Bazaars/Drains etc.), not anymore. I've argued elsewhere that it's in their best interests not to support eternal formats for fear of cannibalizing their market for the rotating formats, which are inevitably more profitable. But the point stands that from the Vintage player's perspective WoTC is a card company that (overstating the case a bit for effect) doesn't make cards. At that point, I think it's completely reasonable for players to want to play the game without shelling out for collectibles. If all chess sets cost thousands of dollars and my same friend wanted to use checkers pieces to play a game of chess I'm absolutely not going to object. I wouldn't even think twice about using substitute pieces. The point is to play the game, for which you need the pieces, not to own the pieces in- and of- themselves. I mean, we've gotten so far from the vision of Garfield, who wanted the most expensive and rare cards to be ~$20 it's not even funny. There would be more Vintage players if you could construct, from scratch, fully powered decks of any type for less than the cost of a set of Tropical Islands and Tarmogoyfs today. That can't be denied and WoTC should be ashamed for being so self serving as to prevent that from being reality. My advice to someone who doesn't like proxies is: don't fight the symptom, fight the root cause. The Reserve List is THE barrier to Vintage's growth. Though I make them often enough myself, a part of me feels that claims about the Vintage metagame are by necessity guesswork, since the size of tournaments is so limited compared to what Vintage could be. What's the point of complaining about how good Dredge is (for example only) when two players in a room of twenty are playing it? Get back to me when an archetype/deck is dominant week in and week out in fields of 80-100+ all over the place. Edit starts here. I see the European meta game and I wonder if their diverse meta is a direct result of individuals being unable to proxy cards. I often find myself wondering if innovation comes faster and better when a fire is lit under someones ass. Necessity is the mother of all creation and when you can't go herp derp derp here's 4 Mishra's Workshops your meta game reflects that and instead of 50% Workshop decks at Traviscon you have 13% and maybe just maybe we'd actually end up with a diverse and innovative meta game that isn't a stagnant piece of trash dominated by inbred Big U lists and the same Dredge list for the past year.
That's ridiculous and backward. It shouldn't be the case that in order to have a diverse meta we have to have some people playing decks they don't actually want to play. If people want to play 4xWorkshop because it gives them the best chance to win (or because they like locking people out) there shouldn't be some artificial reason like unreasonable cost why they can't do it. If you want to light a fire under Vintage players' collective ass your primary goal should be larger tournaments with larger prizes. It's incentive and reward that drives innovation, not restrained deck choice. Diversity should arise from format balance, and format balance should be addressed once people have the tools to play. I will begin by saying that I firmly believe in fair competition over anything else. I do not want to put time and effort into a game in which I can defeat my more skilled opponent because he could not afford strong enough cards. That said, we have seen the dark side of this perspective in a terrible monsoon of 5th Edition Plains. Magic is also a game about collectibility, and to many the aesthetics are crucial to the experience of the game. So where and how do we draw the line? The closest thing to a reasonable compromise would be to have a mass print run of standardized proxies. ELD had a really great run and, as far as I could tell, everybody was completely satisfied with their aesthetics. Though, as we anticipated, WotC quashed it. I would like to discuss what people think of mass produced proxies, what ideas we might have for them, and the legal details behind what WotC are allowed to point to and say, "these are infringing on our copyrights." To begin, I have two possible ideas: 1. Print cards which have a similar layout to standard or textless MtG cards with images that clearly identify specific cards. NO TEXT would be printed on the card. Space could be provided for players to write whatever they please. 2. Print blank proxies which simply have a basic frame, and allow players to write text and/or draw pictures themselves. Sell for $1 each, give out 10 per tournament entry, or distribute through whichever means is most appropriate. This would allow for the implementation of a more rigorous set of rules on proxies, and would improve the aesthetic quality of the game without financial discrimination. Can anyone comment on the legality of this?
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VINTAGE CONSOLES VINTAGE MAGIC VINTAGE JACKETS Team Hadley 
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BaronSengir
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« Reply #2 on: December 14, 2011, 11:46:38 am » |
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Small comment here. The one issue that I've ran into with people making/writing their own proxies is that they get lazy and don't write the card out correctly. It happened to me with someone who proxied Oath of Druids and instead of writing the whole card out to say "...that player may..." they just wrote, "...player reveals cards until..." They left out the "may" and then we had to waste time with getting a judge because they didn't believe me, and all that jazz.
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"Bottled life. Not as tasty as I'm used to, rather stale, but it has the same effect." Baron SengirMy Deck Index
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boggyb
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« Reply #3 on: December 14, 2011, 12:03:18 pm » |
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hey great, thanks for posting this. I just mentioned this the other day in another thread, was wondering about the legal issues here. What are the exact rules here, as far as intellectual property issues go? How 'closely' are we allowed to copy and mass-produce proxies? I was just wondering if it'd be worth it to start a small community effort to get a proxy printing-press going, to make attractive, useful, standardized, and most importantly CHEAP proxies for the community to use in tournaments and in recruiting new players. What are the rules? Can we: - Copy a card's artwork?
- Copy the modern card frame?
- Copy the standard fonts WotC uses? (They might have a few proprietary typefaces.)
- Copy a card's text?
and print those out on a mass scale? My expectation is that we could copy everything except the artwork, which would be fine -- we could solicit designs from the community for card artwork donations and print those out (might be fun actually). Another issue is selling the proxies -- I'm sure you wouldn't be allowed to make money on any part of this, maybe even as tournament winnings. Might even be you couldn't even give them out on a mass scale, if WotC is anal about protecting the cards' identities. We might even initiate a dialog with them to figure out a solution -- if they're not willing to issue reprints for the format's staples, I'm worried its health will deteriorate as time goes on and prices go up.
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Troy_Costisick
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« Reply #4 on: December 14, 2011, 12:07:59 pm » |
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I think Stephen could probably inform us on how far the legality could be pushed. I recall him encouraging ELD to continue his proxies despite WotC's letter. (Right, Steve?) I think this is a very important issue for Vintage and both Norm and DubDub make excellent points. I'm not sure what the right answer is, though.
Peace,
-Troy
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Diakonov
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« Reply #5 on: December 14, 2011, 12:23:26 pm » |
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For #2, that is exactly what I was thinking. @ boggyb, I would imagine that printing the text verbatim is probably just as egregious as using the original picture, but I don't know for sure.
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« Last Edit: December 14, 2011, 12:27:49 pm by Diakonov »
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nataz
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« Reply #6 on: December 14, 2011, 01:53:21 pm » |
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Boggyb
Frame, text, artwork, fonts, names, backs, etc are all protected and any kind of mass production would open yourself to all sorts of legal challenges. It's a collectable card game, do you really think wizards/habero isn't going to try and protect their ip?
Something similar to eld's proxies w/out using the actual card name might have a chance (if you made the rest of the card different enough), but do you really want to go to court to fight it out?
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I will write Peace on your wings and you will fly around the world
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Diakonov
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« Reply #7 on: December 14, 2011, 02:04:25 pm » |
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Boggyb
Frame, text, artwork, fonts, names, backs, etc are all protected and any kind of mass production would open yourself to all sorts of legal challenges. It's a collectable card game, do you really think wizards/habero isn't going to try and protect their ip?
Something similar to eld's proxies w/out using the actual card name might have a chance (if you made the rest of the card different enough), but do you really want to go to court to fight it out?
Although, if the border is different, the picture is unique, and there is no text, I don't see how they could have a case against you to begin with. Imagine something like this:  ...but without text.
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« Last Edit: December 14, 2011, 02:07:35 pm by Diakonov »
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VINTAGE CONSOLES VINTAGE MAGIC VINTAGE JACKETS Team Hadley 
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nataz
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« Reply #8 on: December 14, 2011, 02:10:40 pm » |
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That would probably be fine but the issue now is that it conveys zero relevant information. It looks pretty, but a new player would have issues with it.
Edit. Okay, I see what you are saying now. Of course we'd still be dependant on the player writing all the relevant info on the card.
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« Last Edit: December 14, 2011, 02:13:13 pm by nataz »
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I will write Peace on your wings and you will fly around the world
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Norm4eva
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« Reply #9 on: December 14, 2011, 02:20:08 pm » |
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Textless cards just invite trouble.
I loved it when they were doing cards that were simple and stretched across formats like Giant Growth, Lightning Bolt, etc... even when it was stuff like Lightning Helix I liked it. Textless Cryptic Commands were fucking stupid though, despite their high playability and notoriety, virtually no one could recite the entire card from memory and would screw up aspects of the mechanics ("Tap all permanents target player controls? Tap all creatures an opponent controls?")
Also, how do the people who host stuff like MWS/Cockatrice 'get away with it'? From an IP angle they are offering a product which offers virtually the same gaming experience as playing across from someone in a casual game where everyone has to keep track of the rules themselves.
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BaronSengir
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« Reply #11 on: December 14, 2011, 03:29:24 pm » |
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I really don't think it's worth the trouble. Anything that someone can look at and recognize as a Wizard's card can get caught up in court for mimicking something that is already copyrighted, etc. It's why you don't see other Pepsi-like or Nike swoosh symbols. If your not profiting from it you may be able to get away with it, but meh.
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"Bottled life. Not as tasty as I'm used to, rather stale, but it has the same effect." Baron SengirMy Deck Index
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Diakonov
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« Reply #12 on: December 14, 2011, 04:36:27 pm » |
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I really don't think it's worth the trouble. Anything that someone can look at and recognize as a Wizard's card can get caught up in court for mimicking something that is already copyrighted, etc. It's why you don't see other Pepsi-like or Nike swoosh symbols. If your not profiting from it you may be able to get away with it, but meh.
I'm highly skeptical of this. The Nike swoosh is a trademark symbol. This is much different from that. Going by this logic, I cannot make a card-sized depiction of a zombie and distribute it, because someone (also, who is this someone?) can look at it and exclaim, "hey, that's mimicking a Wizards of the Coast zombie token!" I would be alarmed if that held up in court, or was even brought to court in the first place. EDIT: from Womba's link to the SCG article: "The people that Wizards are going after are people who are trying to pass off counterfeit cards as "real" or "unofficial proxies" by having them get as close to the real thing as possible." We are not trying to replicate the cards to being as close to the real thing as possible.
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« Last Edit: December 14, 2011, 04:52:45 pm by Diakonov »
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VINTAGE CONSOLES VINTAGE MAGIC VINTAGE JACKETS Team Hadley 
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Troy_Costisick
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« Reply #13 on: December 14, 2011, 04:50:55 pm » |
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Think Channel Fireball is in trouble?   So there is obviously a limit on how far you can go, but it's not "no depiction at all."
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BaronSengir
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« Reply #14 on: December 14, 2011, 05:12:42 pm » |
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Let me clarify, I don't think its worth it to produce proxies. Making your own is fine, but seems more trouble than its worth to mass produce them.
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"Bottled life. Not as tasty as I'm used to, rather stale, but it has the same effect." Baron SengirMy Deck Index
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boggyb
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« Reply #15 on: December 14, 2011, 05:18:44 pm » |
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Yeah there is such a thing as fair use etc, so making some sort of facsimile that would fit on a magic card-sized piece of paperboard should be fine, especially if you don't make money off it (and note that since they aren't reprinting any of the cards we'd be interested in, you wouldn't be stealing an opportunity for them to make money, either). Since we would be promoting the game they own, it'd be in their best interest to enable the expansion of one of their formats so long as we weren't stealing any money from em or polluting their brand and identity. They already let us use shitty proxies at events, the question is just how un-shitty can you make them without stepping on any toes. I just am not a lawyer and so have no idea what the boundaries are here. If someone is or knows a lawyer and has the time, please ask them for their 5-minute opinion on it.
Buying a good printer and the cardstock for it shouldn't be too too expensive, and it'd be fun to figure out the best way to design new cards that work within the laws but also benefit the format. Again, if someone works at WotC or is friends with someone there, it'd be nice to start a dialog about this if it seems viable.
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TheWhiteDragon
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« Reply #16 on: December 14, 2011, 09:05:58 pm » |
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Please reference Steve's insightful post about proxies being illegal counterfeits. No more sharpie on basic lands. If you do this, you will go to jail - and possibly get the chair. If you are a TO and allow proxy tourneys, you will be prosecuted to the fullest extent of the law. You will go to prison for 100 consecutive life sentences and then get anal raped by a gang of convicted linebackers just before you get a lethal injection of Windex. You'll also be fined a bajillion dollars to compensate wizards for the money they would have made had you gone out and bought that copy of preordain directly from an authorized WotC dealer. And finally, if you even discuss proxies (with the exception of this once) at your kitchen table, on an internet forum, or even in your dreams, you will be killed - and then go to hell, and then die.
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"I know to whom I owe the most loyalty, and I see him in the mirror every day." - Starke of Rath
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vaughnbros
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« Reply #17 on: December 14, 2011, 09:30:30 pm » |
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Please reference Steve's insightful post about proxies being illegal counterfeits. No more sharpie on basic lands. If you do this, you will go to jail - and possibly get the chair. If you are a TO and allow proxy tourneys, you will be prosecuted to the fullest extent of the law. You will go to prison for 100 consecutive life sentences and then get anal raped by a gang of convicted linebackers just before you get a lethal injection of Windex. You'll also be fined a bajillion dollars to compensate wizards for the money they would have made had you gone out and bought that copy of preordain directly from an authorized WotC dealer. And finally, if you even discuss proxies (with the exception of this once) at your kitchen table, on an internet forum, or even in your dreams, you will be killed - and then go to hell, and then die.
Im guessing by the exaggerated nature of your statements that you dont believe what Steve posted. Which you should not. In their statement they classified proxies and counterfeits as two separate things. Proxies are legal. The qualification for being a proxy is that "Proxies do not include any graphical reproduction of their intended substitutes". Anything outside of this is considered a counterfeit. So while sharpie on a land is still legal, proxies that are made to look like the real pieces of power are not. Given this definition there will be some subjectivity to this rule, but as far as mass producing proxies for the purpose of sale, i would assume that is now illegal.
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nataz
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« Reply #18 on: December 14, 2011, 10:02:17 pm » |
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Yeah there is such a thing as fair use...
fair use doesn't apply here. making money (or preventing them from making money) doesn't apply here either.
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I will write Peace on your wings and you will fly around the world
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boggyb
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« Reply #19 on: December 15, 2011, 11:57:34 am » |
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Doesn't apply in the letter of the law but it does in its principle. It's in their best interest to grow the format; it's not in their best interest to dilute their brand and the identity of their intellectual property. So maybe there is a balance there that could be worked out?
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Delha
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« Reply #20 on: December 15, 2011, 12:32:33 pm » |
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In their statement they classified proxies and counterfeits as two separate things. Proxies are legal. The qualification for being a proxy is that "Proxies do not include any graphical reproduction of their intended substitutes". Anything outside of this is considered a counterfeit. So while sharpie on a land is still legal, proxies that are made to look like the real pieces of power are not. Given this definition there will be some subjectivity to this rule, but as far as mass producing proxies for the purpose of sale, i would assume that is now illegal. You are leaving our a key part of their definition for proxies. Their definition of proxies ONLY allowed for these sorts of substitute cards when created by the judge of the event you're currently playing in. While I agree entirely that Steve's position was farfetched and misleading at best, it was also pointed out by more level heads in that thread that the "Vintage Proxies" we typically create do not fit under the definition WOTC has presented.
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I suppose it's mostly the thought that this format is just one big Mistake; and not even a very sophisticated one at that.
Much like humanity itself.
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Diakonov
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« Reply #21 on: December 15, 2011, 12:39:05 pm » |
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Doesn't apply in the letter of the law but it does in its principle. It's in their best interest to grow the format; it's not in their best interest to dilute their brand and the identity of their intellectual property. So maybe there is a balance there that could be worked out?
There are reasons to believe that it may not be in their best interest to grow the format. More people playing Vintage might mean losing Standard players. Either way, I'm sure that they would not approve of the widespread use of mass produced substitutes. Trying to seek the kindness and cooperation of WotC would be a waste of time, IMO. The question we should be asking is how "different looking" would a proxy have to be to exist safely outside of IP infringement?
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VINTAGE CONSOLES VINTAGE MAGIC VINTAGE JACKETS Team Hadley 
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Troy_Costisick
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« Reply #22 on: December 15, 2011, 12:45:15 pm » |
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Trying to seek the kindness and cooperation of WotC would be a waste of time, IMO. I agree. The question we should be asking is how "different looking" would a proxy have to be to exist safely outside of IP infringement? And to silence those who complain about ugly proxies on streaming video.
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