It probably would depend on from where he derived it. If he derived from the OGC source then you proably wouldn't have any standing. The OGL will prevent someone from deriving PI stuff from your work but not someone elses work that is either orginal or derived from another OGC source (assuming that OGC source wasn't tainted). PI doesn't offer the protections of trademark. It just means that you have material that your aren't OGLing.
Bryan -----Original Message----- <snip> I agree with independent production of similar material -- if you and I both come up with a concept and publish it around the same time, there's nothing actionable. But let's say you OGC'ed it and I PI'ed it, then a year later, another person wants to come around and use that concept again. I would hope that I would have some standing there. And, of course, I can't slap PI on "John Smith" or "dragon" or something similar. But if I come up with a concept for a new, kick-ass type of dragon, I should be able to get PI on that and take action on anybody who tries to OGC it down the road. If that's not the case, this is kinda scary for me as an up-and-coming publisher. I want to publish my d20 game knowing that my unique concepts for the setting will be protected, even though the rules and everything derived from them will be free and clear for others to use. I may feel, for example, that my alternate dwarven offshoot race is key to my setting, and except for the statblocks, I want to protect it. Now, if someone has a very similar idea around the same time, well, that's fine. But if someone comes out with something blatantly derivative a year from my publication date, that's just wrong. Or am I misinterpreting all the licensing stuff I've read? Be gentle, I'm still a rookie. >From: [EMAIL PROTECTED] >Reply-To: [EMAIL PROTECTED] >To: [EMAIL PROTECTED] >Subject: Re: [Ogf-l] Independently Designed OGC/PI Clashes >Date: Fri, 27 Jun 2003 13:53:27 EDT > >In a message dated 6/27/03 1:35:22 PM Eastern Daylight Time, >[EMAIL PROTECTED] writes: > > > > <<Well....I would think that one would have to look at copyright and > > publication dates. If someone listed "lizard snark" as PI in 2001 > > and someone else listed it as OGC in 2002, then I would say that the > > PI designation should stand, even if the latecomer did not intend > > any >copyright > > infringement. However, if "lizard snark" was OGC'ed first, then the > > PI designation by a later book would be invalid, since it's already > > out as >open > > content.>> > > >Why should one or the other be valid? This is not trademark law. >PI'ing something isn't the same as declaring it as a trademark. > >If you and I live 10 thousand miles apart and neither of us meets or >ever reads each other's works, then if we can prove that we created our >own works independently, and they just happen to have some modicum of >overlap, then neither >one of us has infringed on the copyrights of the other. > ><<> > > The same would go for combining names and statblocks. If a name was >PI'ed > > first, then the copyright holder to that PI wins.>> > >So, what you are saying, is that if you PI the name "John Smith", and >someone >doesn't even Section 15 your product, you feel that you have a case in >court >to stop anyone else from using the character name "John Smith" in an OGL >product. Am I understanding you correctly? > > ><< If it was OGC'ed first, > > then another publisher can declare PI until he or she is blue in the >face, > > but the name is already public domain and can be put on a different > > OGC statblock or for anything else.>> > > >If something is OGC'd it is not in the public domain. But I understand >this >point. But I can't see "first move advantage" being at all relevant if >there >is actually a strong reason to believe the two products were independently >developed. > >That stuff would only come into play if one had a reason to disbelieve >that the two products were independently created. > >I have every reason to believe that if I pass out copies of a spell >called "Shot in the Dark" that has the name PI'd that somebody else in >the far corners of the world will eventually come up with another >spell, independently created, also called "Shot in the Dark" that does >something different. > >Lee _________________________________________________________________ MSN 8 helps eliminate e-mail viruses. Get 2 months FREE*. http://join.msn.com/?page=features/virus _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
