> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED] On Behalf 
> Of Doug Meerschaert
> Sent: Monday, August 04, 2003 2:48 AM
> To: [EMAIL PROTECTED]
> Subject: 37 questions (was re: [Ogf-l] Re: Possible Formation 
> of Project)

Nice list, Doug. Of course, I have to quibble:


> I am not (repeat NOT) a lawyer. I have, however, spent far too much time 
> on this list in the last several years. I consider myself an exerpt on 
> the OGL, and confident that the 37 questions below will help just about 
> anyone determine if their project is "right" for the OGL.

And for the record: Doug's more of a lawyer than I am.


> You should be able to answer YES (a resounding yes, in capital 
> letters--not a meek yes in lowercase) to all of the following 
> questions. 
> If not, then my wholehearted advice is to stop whatever it is that 
> you're doing until you can answer YES to all of them.

This will bear on some of my quibbles. As Joe pointed out, a few of your
questions are kind of worded backwards. May I suggest a point-scale: after
each question, you have something like this:

OGL: NO: -10; No: -5; maybe: -3; yes: 1; YES: 3; N/A: 0
STL: NO: -10; No: -10; maybe: -10; yes: -5; YES: 0; N/A: -10

I'm pretty fuzzy on this (I just spent all weekend preparing and shipping
Tablet UML Beta 2, so I'm fuzzy on a lot of things); but the idea is to
assign points for: NO, absolutely not; No, but maybe I can make it work;
maybe, I can make it work, but there might be problems; yes, I think so;
YES, absolutely; and N/A, I don't see how it applies. Separate points for
each license, for obvious reasons. Range of points: -10 for stuff that's a
deal-breaker; -5 for stuff that's a problem everyone agrees on; -3 for stuff
where there's some disagreement about how much of a problem it is; -1 for
known but easily fixed problems; 0 for no problems; 1 for things that show
you know what you're doing; and 3 for things that show you're on the right
track. The scale is weighted toward the negative because the licenses carry
definite legal risks.


> 1: Is your product a roleplaying game product, either standalone or a 
> tool to aid in the use of roleplaying games?

>From a product-viability/why-bother perspective, this question requires a
YES, I believe. But from a legal perspective, you can use the OGL to license
anything: non-RP games, or even non-games.


> 2: Is it based on the d20 System, as detailed in the SRD? (If yes, the 
> OGL is required; if not, you may be able to not use the OGL.)

Might want to mention Action!


> d20STL questions:
> 
> (repeat of above:) 2: Is it based on the d20 System, as detailed in the 
> SRD? (If not, you may not use the d20STL).

Again, this seems like a why-bother. More, it seems like a
if-you-do-that-you'll-confuse-the-customer. But as best I can tell, nothing
in the STL or the Guide precludes you using the d20 STL for non-d20 or even
non-game material.


> 19: Is your product a computer game? (If so, NO d20STL)
> 20: Is your product an in-game aid? (If so, MAYBE d20STL)
> 20: Is your product a pre-game-aid? (If so, PROBABLY YES d20STL)
> 21: Is your product a GM-replacement? (If so, PROBABLY NO d20STL)

Might want to add: Is your product a non-distributed utility that
distributes properly licensed OGC? (If so, MAYBE d20STL.)

We've had discussions about tools that sit on a server and then manufacture
and serve OGC. Such tools are not distributed, though their results are. I
think the license doesn't necessarily apply to them.


> 36: Have you avoided all of the names, trademarks, designs, styles, and 
> other forms of Product Identity of your upstream sources and all other 
> OGL'd works?

Might also want to add questions about your OWN PI:

* Is it something that falls in the list of possible PI types?

* Can you demonstrate/defend ownership of the PI?

* Does the PI ever appear inside material marked as OGC?

A masterful effort, Doug!

Martin L. Shoemaker

[EMAIL PROTECTED]
http://www.TabletUML.com -- The UML tool you don't have to learn!

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