OK, I can see your point now and I can see where that could muddy the waters a 
bit.
 
thanks,
 
 
 
bryan

________________________________

From: [EMAIL PROTECTED] on behalf of Doug Meerschaert
Sent: Thu 6/8/2006 5:20 PM
To: ogf-l@mail.opengamingfoundation.org
Subject: Re: [Ogf-l] using the SRD verbatim




Remember, however, that what is and is not "derivative" is not a clear
black and white clause.  About the only thing that everyone agrees must
be OGC is a literal copy of existing text.  If you re-write the entire
thing, then you've got a good case that you don't even need the OGL --
unless you believe the "Character copyright" argument that Wizards will
give you (and their lawyers will give the judge, and the theoretical
jury).  If you make a new widget to fit into the framework--like a feat,
spell, race, monster, or individual character--have you created
something new or something derivative of the system?  If you make a new
system, have you made something new or is it still a derivation from the
OGC?

If you want to preserve the safe harbor that the OGL gives you -- the
ability to simply wave a document in front of Hasbro's lawyers and get a
federal judge to tell them to back off (and maybe even pay for your
lawyer) -- then you should mark every game rule or stat-block as OGC. 
Heck, mark everything except your trademarks and those trademarks you
license (such as through the d20STL) as OGC.  If you go that route,
there's even a shiny logo you can add as well*, to say that you're more
"open" than the other guy. (And there are still folk who look for that,
to the extent that they don't buy anything that's not open enough for
them.  Not many, but we're there.)

*: I speak, of course, of the Open Die Logo:
http://www.prometheusgaming.com/  Formerly of the now-defunct Free
Gaming Association.


DM
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