At 15:03 -0500 8/27/03, Bryan Gillispie wrote:
Whether you are citing OGL or non OGL products you are (since you are using the OGL) still bound by the definitions of the OGL. In the Savage Speicies example since the title "Savage Species" is a trademark as defined by Section 1(f), you couldn't contribute that trademark to your material because you lack the sufficent rights to do so. You can't declare it OGC or PI because you didn't create it and are not licensed to do so by the owner. It's also my feeling that since you are refering them to that product you are saying I am compatiable or adaptable (or vice versa) to work with that product so by my reading they are in violation of Section 5 & 7.

Am I overly cautious or off base with my reading of the OGL?

No, "Savage Species" is not a trademark--since it's from a non-WotC OGLed work, it abides by the standard IP laws, and it has not been claimed as a trademark, so it isn't one (and, likely couldn't be claimed, due to its nature). You are correct that you couldn't really contribute it as OGC (well, maybe--it's sort of fuzzy: WotC can't really "own" just the title, because it's not protectable by copyright, and they haven't tried to claim it as a trademark; OTOH, it's pretty clear if you reference the work that you're talking about their book, not just using the term). A recent debate here left unresolved the question of whether or not you have to own something to declare it PI--you might be able to declare "Savage Species" PI, even if you couldn't declare it OGC. But, in any case, you can certainly include it in your work as neither PI nor OGC, subject to the usual laws on IP. Simply citing it would not be a violation.


The limitations on compatibility/co-adaptability apply only to PI and trademarks--most book titles are neither. And nothing is PI unless explicitly declared such--by default, material in a WotCOGL-governed work is either OGC or closed content, depending on your reading of the license and the details of the OGC declaration.

Oh, before someone jumps on me: IANAL, but i played one in last week's game.
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