The Wild World of TB!

So I've always wondered... how many promoters actually go out and pay for the necessary licensing fees to use other peoples intellectual property? I have to wonder, because people are sue-happy when you even attempt to use somebody's rule set. People, at the minimum, expect a phone call. I am the same way. Don't use my personal creations to make money without asking me first.

...but how does that apply to story lines and themes? Well, in some cases, it's perfectly legal. In other cases, if the IP owner found out, it could result in major legal issues. Some companies like Games Workshop even have a team to do nothing but search the Internet and legally attack sites using any of their IP. People always run around crying "OH NOES! 3 KIDS ON VID WITH GUNZ^&!@# END OF PAINTBAL(*!@#&" You're confused. Paintball can't really be killed. The industry is too big... however, individual promoters have been, can be, and will be involved in this type of lawsuit on multiple occasions. This is what can kill your local fun, and what you should be concerned about. If you don't believe me, just go peruse a history of MPAA and RIAA lawsuits. It's not pretty.

So lets scan some sites, and see what's out there...

Aliens vs Predators @ Cousins - Probably legal, it's a charity game.

Mission Impossible @ Playp8ntball.com - Likely illegal.

Clone War @ Pendleton last May - Likely illegal. Star Wars has open IP, but iirc, it does not apply to for-profit ventures. It is primarily for fan sites, fan movies, etc.

Battlefield 2010 @ Realms of Ruin - Likely illegal.

Planet of the Apes @ LVP South - Likely illegal.

LL3 Return of Blues Brothers - Probably legal, since the title seems to suggest an extension of the story, which could be considered Parody.

Avatar @ Fox PB Chicago - I'll shit myself if it's legal. It even uses movie artwork. Blatant IP theft on the website.

Spaceballz III @ Fort Knox - Probably legal, parody.

Attack of the Necromongers @ First Strike - Probably illegal, it's all Pitch Black.

Black Hawk Down @ EAS - Probably illegal.

Command & Conquer @ Fort Knox - Probably illegal.

Battle for Gotham - Uhm, pretty sure DC didn't license out Batman, Joker, or Gotham City.

We Were Soldiers @ Tactical - Probably illegal.

Holy Grail @ everywhere - It'd be worth checking into on that one, considering how many different fields and promoters have run this event. I'm willing to bet illegal.

G.I. Joe @ everywhere - Pretty confident Hasbro has already threatened some promoters for that one, and will happily sue others they find.

Risk @ Sherwood - Risk is owned by Hasbro, see above.

Hangover @ Worcester Wolfpack - Might be legal, it's for a scholarship fund.

That's just from a quick scan of 2 pages of PBNation. All of the events I saw that were actually unique... weren't very unique. Anybody out there actually run games that don't have anything to do with ww2 or some middle eastern shit hole? Probably not, because fake military adventures sell, no question about it. Look at D-Days numbers... which of course brings up another question, why is it so common for so much of the scenario industry to steal IP from other entertainment industries, when you don't have to?

Now before people start screaming fair use... don't even bother.

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Now here's fair use.

revision: Apologies to Paintball NY. I had mistaken their Clone Army game, which is a custom script, with the Clone Wars run at Pendleton last year.

So I have known Ratsnake (Ratsnake =Viper=Kerry Rosenberry) for over 10 years. Known him quite well actually, and his arrogance has never been a surprise to me. When I first met him, it was at one of his games (the much vaunted 1000 player Starcraft game) and his attitude as an event promoter was in overdrive. At that event, he sanctioned his team Blitzkrieg to institute a coup against a commander because there were several 'favorite' teams who felt that how the commander was running the game was counter-productive to the way Viper should run his game. Maybe I should tell that story later as I was one of the XO's at that game, but not to get off track, the small thing was he was good with it, he was good with what went down, until the repercussions hit. Then it was all other people's fault other than his. They didn't give him all the information and shit like that. In fact it was one of the leading reasons for the beginning of the end for his team (Blitzkrieg) and the sure start of a bunch of drama between him and the McKinnons where other people who 'just wanted to play paintball' had to make choices. But I read the emails that he sent to various team members and such in that time frame as I was very close to the McKinnons at the time and I could not believe the man's sheer arrogance.

Now I am a arrogant motherfucker, but I don't send people emails and phone calls projecting my arrogance without at first being invited. I am like a vampire in that way. But as much as he like to play vampire, he doesn't even follow those rules. The man has emailed field owners, promoters, industry people, players, military people and various other entities in his attempts to drive his own agenda. He loves to say he doesn't play politics, but the sheer truth is he doesn't play them in the open. Ratsnake is the kind of guy who leaks the affair of the senator all the while going on TV and decrying the media for talking about it. He thinks that he is smart by doing this and that publically there is no down side as he is seen as the one taking the high road. Let me tell you, he doesn't care two shits in the wind about the high road or anything else but making that money. And that would be ok, if he were honest enough to admit that. But he drapes himself up as a player doing it for the players and attacks anyone who he thinks is a threat or a possible threat to him or his money grubbing schemes.

But this is about arrogance, you know? And Shit that just ain't your business. I have been holding this jewel for some time, and well I am sure it will make some people shit the bed. How many people know Mike Phillips from Tech PB? Well for those that don't Mike is the guy who runs/owns Tech PB. He has been recruiting for the Living Loser game quite heavily, and well like me, whether you like him or not, people listen. I guarantee that the man has added at least 100 players to the event of people who were not coming and kept another 50 who weren't coming back to give it another try. On top of that, he has a paint pool going with at last count was 20 players having the buy 3 cases each to be in his group. Considering I know that CPX isn't going to give any price breaks other than what they have, this is a substantial amount of money.

Let's add it up real quick shall we?

20 players Entry = $1000
20 player air tickets = $300
20 players (3 cases of paint per player) = $4200

Gran Total = $5500 and that is just for the 20 Lynch Mob players that Mike has recruited. That doesn't include the other people he has brought. And what does Mike get out of this? I mean does he get behind the scenes stuff? Nope, not at all. Just the enjoyment of coming out and meeting people and playing paintball. Now, they will line up against the PB Nation Mods and well who the hell wouldn't that was a real paintball player? It is well know that there is bad blood between Tech PB and PB Nation. However Viper has Ed's nutz fully in his mouth these days, so the PB Nation Mods get special treatment. I mean, they will be comped into the game, they will get paint much, much cheaper than anyone else and they will get other perks all because Ed sold Viper/CPX some advertising and convinced them that his site IS paintball.

So how many people do you think PB Nation brings to the game? People who weren't coming but are now just to play with Ed and his boyz? Think it is as many as the Tech PB fanboys coming to play with Mike? Or Kitty? Or Borg? I seriously doubt it.

You know at Living Losers 2, there was an issue. It seems Viper in his infinite wisdom put TechPB and PB Nation Mod Squad on the same side and couldn't understand what the deal was? Hey shitface, would you want me to play on your side? Do you think I would? However, Mike and his guys switched sides and I guess didn't tell Viper. Seems that pissed him off, and of course the standard gambit used by losers to complain about people (Tech PB people supposedly overshot people, cheated, played on, so forth and so on). So there was a nasty email that went around about that. I will have to dig that one up, but it really wasn't anything other than some he said/she said shit.

But this attached email, well that is another story. Seems that there was some concern on Viper's part about Tech PB and Mike and that he may be facilitating people cheating at LL3. And he decided to take Mike to task. Some will think he has that right, but me personally, you don't make the assumptions he made based off the statements of other people. That is what has gotten him in this mess to begin with. But take a read and let me know what you think.

On Sat, Feb 27, 2010 at 2:18 AM, viper@viperpaintball.com wrote:

I apologize if this is bad intel. I don't wish to assume anything based on second hand info, which is why I am coming directly to you first.

I was told by someone that there are players within the ranks of the TechPB members who are discussing the use of some...let's say unsavory...tactics.

I am well aware of the friction between TechPB and PBN, and I know some of your members are very passionate about it.

However, please know this. Whatever issues exist between TechPB and PBN, I will NOT allow them to negatively affect play at this event.

Furthermore, I don't believe that you guys would want to have TechPB players blatantly do any really dumb shit that could be construed as cheating. Wouldn't you rather beat them by outplaying them in straight-up ball as opposed to giving them room to say "you only beat us because...."?

So please check your forums for anyone discussing techniques for shooting hot, padding themselves for bounces, or anything else that would grossly violate the spirit of the game, undermine the sportsmanship at the event, embarrass those associated with TechPB, or generally get them ejected for trying to screw up my product. I take my job seriously, and there will be hundreds of people counting on my to provide the best quality playing experience I can.

You've done a LOT to promote the event this year and drive registrations, and we all appreciate it. I want to continue to have a positive and mutually-beneficial relationship, so I don't want to see a couple of people with problematic outlooks undermine that. Overall this is a positive and eagerly-anticipated event each year. It's a happy event where everyone has FUN. I feel that strict enforcement of rules and conduct is the only way to preserve that. Your guys can have their fun, but if the TPB vs PBN thing starts having a negative effect on play I will shut it down. Help me out and make sure it doesn't get to that point. Shoot the PBN guys off the field all day if you like. Keep them in the dead box. But as soon as the bonus balls and shit-talking start the refs will step in and pass out a few judge punches.

Plainly put; I think you and I are both passionate about what we do, and we take it very seriously. You provide GREAT info on your site that people trust in and respect. I wouldn't show up and piss in the middle of the table while you were doing a review, please don't allow anyone in your group to come piss in the middle of my game.

I don't wish to offend, so I hope you can appreciate the frank nature of this email. You strike me as someone who talks straight, and expects the same. I'd much rather help you nip this in the bud than have you embarrassed as a bunch of asshats loosely-associated with you ignore the rules, screw up the game, and get ejected. It seems there was a small problem with that last year which caused some misunderstandings between us. I don't want that to happen again.

Thanks for your attention in this matter. I hope you can figure out who the players are who are promoting this outlook and shut them down before they cause your group any undue problems and/or embarrassment.

V

See what I mean? I mean, Viper has gone so far as to go into the private section and scold people for talking about game strategies. He got the password from Mike and I won't post it here, because it is a side only forum, but sheesh. He has posted 1141 times on Tech PB and has only been a member there since December 2009. He joined PB Nation in July of 2003 and has 1,234 posts there. So you tell me where he spends his time? And see if you can find the posts, you don't see alot of them because they are in the private hidden forum set up for the game. How would you like the game promoter knowing your strategy or things you talked about? I mean, it's his job to make sure both sides are fair, but does he have access to the other sides secret squirrel forum? I bet he doesn't and I bet he doesn't surf there imparting what he thinks is the best way to do things based not on winning the game, but on keeping his games even. Think about that for a second will you?

Would you invite the game promoter into your private chat to have him provide oversight to your strategy sessions? What gives him the right to do that? I thought we were in America Kerry? I thought you were a Republican, Kerry? Sounds like this is some Big Brother Liberal shit to me.

Me personally, I wish Mike had told him to fuck off, but well maybe after this year's abortion known as Living Losers happens, maybe he might. Maybe Viper will give him some more un-needed advice or an un-solicited morale check. But I bet there are some people going to be mad that he decided to talk to Mike this way and treat the man who is promoting his game for the love of the game. Better yet, how do you TechPB people like being compared to being less than the those fruity ass people on PB Nation? That Bastion of truth and stand up play in paintball. And realize TechPB Supporters, Kerry cares nothing for you or the money you give him. He feels that it is expected, because he is the second scenario producer ever. ;)

I am so glad I no longer have to deal with his shit or get emails like this.

So I got approached to post this article written by JT "Lonegunman" Rudolph. Seems like this might need to be said, but we shall see what others think of it. So here it is.

Being a cadet in the police academy, I belong to a lot of emailing lists, and get a buttload of press releases from companies that manufacture LE products, medical supplies, and stuff of that nature, to the stores that carry those products. I received a rather interesting one this afternoon, from an LE/EMS supply house. Apparently, there are a bunch of fake tourniquets floating around the market, which are not only here in the U.S., but are winding up overseas in the hands of our military personnel.

Yes, there are a lot of fakes and counterfeit products in the world, however, these being made for the airsoft/mil-sim market.

The company, Element Airsoft (http://www.world-element.com/), specializes in making cheap airsoft/mil-sim products, from sights, pistol accessories, AEG accessories, microphones, you name it. However, the item in question is this (Click here to see it), their Combat Application Tourniquet.

A group called the Coalition For Tactical Medicine released a safety alert in regards to these fake tourniquets, and posted a PDF comparison between the counterfeit and the authentic product (PDF Here) to highlight the minor differences between the real and the fake. These fake tourniquets aren't made to the proper specs, and when used, will break and fail to save the life of whoever it is being used on.

Now, you may be wondering why these fakes are winding up in the hands of servicemen abroad and being sold through other official channels. Simply put, as shown in the above PDF, Element Airsoft is using the same National Stock Number on their fakes that the real company (NARP, Inc) uses on theirs. If you punched in the NSN and ordered whatever popped up, it could be the real ones, it could be the fakes.

This is taking it way too fucking far. They were made for airsoft/mil-sim weekend warriors to poke in an IFAK or stick in an entry vest and look cool, however, it is having disastrous consequences. It isn't about looking cool anymore. There has already been one reported case of a fake tourniquet failing, resulting in a fatality, and until supplies can be checked, there may be even more.

One person lost their life, supplies will have to be rechecked all over the world, all in the name of playing dress up on the weekends. Whatever line there was, they just crossed it.

First, people should stop going Scenario/Woodsball. They are unrelated.

They have absolutely nothing to do with each other. Newsflash, scenarios often have speedball fields in them. You can play a scenario, and never once go into woods.

It should be Woodsball/Speedball, because they're both competition, tournament formats. Adding an MOS to a tournament does not mean it stops being a tournament. It's just a tournament with different rules, and the point is still to win.

Mil-sim, when used as a buzzword to sell registrations at a scenario, is not a type of game, or a format. It's just a theme. If one game is magical fairies, and the next is afghanistan, and both are using the same rules, then it's the same fucking game. Most people will even be wearing the same jerseys to both events. No difference.

Several people have e-mailed TB and asked when I was going to do more of my own posts. This one started out as a reply to the previous blog. Turns out it deserved it's own special place on WoTB.

Well, TB beat me to the punch. I IM'd him a link to the Tech PB site on my way out the door this morning. I knew Ratsnake couldn't resist getting on his high horse and calling Lord Odin a troll. LOL!

Here's the link: Tech PB thread

AND since Kerry is quick to cry like a bitch to forum moderators when he gets picked on, here's the two posts cut and pasted in case they get deleted:

'Lord Odin' date='05 May 2010 - 03:22 AM' timestamp='1273044153' post='1223613']
I'm really surprised! No Team WOW for the event. They usually brag your events up. Especially at Sherwood Forest, which I hear is their favorite field. What happened? I heard there was some falling out regarding photographers and Viper events.

'Viper Scenarios' date='05 May 2010 - 11:38 AM' timestamp='1273073892' post='1223915']
Nice attempt at stirring the drama pot. If you were truly interested in answers you would email or call the parties involved. I just spoke to T (their team captain) a week ago and he didn't cite issues with photographers as a major issue since he understands that there are always two sides to every story.

Isn't there enough unwanted drama in paintball without uninvolved, third parties dragging it onto the forums?

Perhaps when they are at Living Legends, and I am there producing it, you could ask us then. (if you are really interested in answers and not just trying to stir the drama pot.)
[/blockquote]

Real intelligent Kerry. Did you notice Lord Odin's signature banner? Now you want to piss of the Operator Strike Force? LOL! Keep snapping at the hands that feed you, keep driving away your customer base.

Ding! Bring out your dead!
Ding! Bring out your dead!

How appropriate I get to use that line to describe your business right after the Grail game.

When it comes to Kerry, talk about the pot calling the kettle black...

I quote him:
"Isn't there enough unwanted drama in paintball without uninvolved, third parties dragging it onto the forums?"

Coming from the MASTER DRAMA CREATOR himself! Are you fucking high you sanctimonious asshole? How much drama did you create behind the scenes in your feeble attempt to dismantle Thunderstruck? How many friendships did you destroy? Read that again Viper used his position as a "respected" member of the Scenario Community to destroy long time friendships.

Looking back at all of the conversations you and I have had, it is my opinion that you had a finger in Hell Bent splitting up too. It was after all you who said, that while you were sad that people who are your friends got hurt. In the end it's better because it spreads the talent pool back out. It also split 2 active commanders back up onto separate teams. You even spoke of your fear of the 7 amigos backfilling the voids on Thunderstruck that we all later find out that YOU CREATED!!!

So all you people out there in Viper world that are still drinking the Snake Venom, take a looooong look around at all your friends.....now think about how many of them you're OK with losing, because getting close to someone like Ratsnake, it's not a question of if, it's a matter of WHEN those friendships will be tested and possibly ruined.

For him, it's all about the Benjamins...