"Brad Thompson" <[EMAIL PROTECTED]> wrote:
> I think you're being naive.
I prefer the term "optimistic," and I'd like to point out that it's all
relative...
> The OGF is a non-entity at this point, not a
> non-profit entity. It is the brainchild of Ryan Dancey, VP of WotC and the
> D&D Brand Manager, so I would say that WotC CAN influence the OGF a great
> deal.
Not WotC... Ryan Dancy. It's a semantic argument, but one necessary to draw
the line and answer the question.
> All he has to do is switch hats. Once it becomes a legal entity,
> odds are he will still be at the helm, so WotC influence is pretty much a
given.
>
> That doesn't mean the influence will hurt the OGF or those who relapse
> anything under the OGL, it just means the influence will be present. I
> think Faustus is being a bit too cynical here, but he's entitled.
"release."
> > The OGF will hold trademarks in its name, and nowhere is it
> > disclosed that the
> > OGF is a subsidary of WotC... thus, it isn't.
>
> I don't recall anyone saying anything about OGF trademarks. I also don't
> recall any law about the disclosure of ownership of a non-entity. Further,
> I know of no law requiring disclosures of ownership to be placed on a
> website, so I think you're jumping to conclusions here.
D'oh! I need some coffee...
"copyright," not "trademark." Yes, the OGF Is a non-entity NOW. When it is,
though, I presume that it will either be indipendant or will not be labled as
such.
> Shared copyright is the crux of the legal questions about the rights of
> authors under an open source license. Adding the OGF to the fray may or
may
> not strengthen the OFG's ability to enforce the copyright, but it would
> definitely not strengthen the claim of any one author to that copyright.
If the OGF holds a copyright on all OGL materials, then it can sue for
"unlawful derivation" (probably not a legal term, but proper meaning). If the
author is also a member of the OGF, he can then press the suit as part of the
OGF. (An officer? An employee?)
Yes, the sticking point is the "shared copyright" between the author of a work
and the OGF... is there any legal basis for this?
> An Officer of a legal entity has many responsibilities to that entity, and
> has the ability to act on behalf of the company. However, having a couple
> hundred Officers pursuing their own interests while claiming to act on
> behalf of an entity is perhaps the worst idea I've heard in a very long
> time.
Which is why, if the OGF were to do this, they would need fairly set
guidelines for what each officer could do. If there are UCC, Common Law, or
other legal restrictions on who can be called an "officer", then a differnent
term could be used.
> The entity, and perhaps other Officers, could be held responsible for
> their actions. (no flame intended, but any off-the-cuff solution to this
> would probably be a Very Bad Thing).
You're right. Any solution would need to be thought out, reasoned, and
developed much more fully than my suggestoin--but I'm neither a lawyer nor an
accomplished buisnessmen, just someone with an idea.
> The OGF itself is as described on its website is a very low-maintenance
> organization. It could be handled by one person working very part-time
with
> a small outlay of perhaps a few hundred dollars. Throw in your copyright
> suggestions and it will need a full-time Secretary in addition to a legal
> firm. Unless you want to charge admission, there is no way the OGF can
> afford that.
Not a legal firm; the officer would have to do that themselves.
As for a secretary... on ogf-r-l, they're discussing a database for works
released under the OGL. Case solved.
DM
Looking for a game? I DM in Upstate NY, twice a month at Artemis Games in New
Hartford, NY (a suburb of Utica)
Even better, I've got irregular games where I live, in Charlton (near Albany).
Drop me a line and we'll game!
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