> But since Mongoose > itself derived those elements in part from the > public domain sources, > how is one to determine whether or not Daniel's > interpretation of, > say, Firbolgs is safely public domain or breachedly > Mongoose-derived?
It seems pretty common sense to me that if they both match the public domain inspired concept that there is no problem. Some of you list veterans may remember this discussion goes way back to my "snow ape" example in the real early days of the OGL. The question was: "can I PI the name 'snow ape' for my monster?" Though not a public domain issue, it raises similar issues. I also have a good public domain issue--our Orcus logo. Now the name "Orcus" is clearly public domain as it is an ancient Roman God of the dead. However, IMHO, the particular "bat winged goat guy with a skull tipped wand" is TSR/WotC's particular incarnation of Orcus. To me, this is an excellent example of how you can take a public domain idea and create your own expression of it and have something that is "PI-able." As a result, I got permission to use that incarnatioin in our logo. Subsequently, we had the logo privately designed and we therefore have a copyright interest as well as a trademark interest in the Orcus logo, and as such we can PI it (and we do!). > I still say the easiest course is likely to be to > get in touch with > Mongoose and see what can be worked out. I think you know my long standing position on just calling and getting permission :) As a general principle, I absolutely think it is the right thing to do, just from a professional courtesy and prevent headaches standpoint (not as a legal requirement). But in this case, to use a few public domain names doesnt seem to be a problem even needing a phone call. Clark _______________________________________________ Ogf-l mailing list [email protected] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
