Ugh, I have 200+ messages in my mailbox from this, and I'm going blurrry
reading them all.
I just reread the OGL and parts of the D20 SRD, and I just want to write down
my interpretation and see what I missed.
Based on the OGL, anyone can freely use or modify an OGL work.
The originator has the ability to essentailly do anything with the work
including making closed additions, because the originator holds the
copyright.
Anyone who uses and/or modifys the work MUST publish any modifications
Openly.
In this case OGL work is not defined as a book cover to cover, but can be
subsets as defined by the originator.
In my mind modifications denotes any additional rules or stats that rely
directly on the original work to implement.
An Example...
WotC released the D20 SRD as a completely open work.
They also release D&D as a D20 work. All information in the PHB that is also
in the SRD is Open, all other material is closed.
Similarly, they release the Star Wars PHB. All info in the Starwars book is
open, except the new wound rule, BECAUSE, as the originator of the work,
Wizards can do this.
Now, Joebob Games releases a supers game based on the D20SRD. it includes new
rules for Psi and such. All mechanics must/will be designated open, all
creative content including names of creatures can if desired be closed.
The IP, the setting and any nouns associated with it are in no way derivative
of D20, alll the mechanics rules are, because those new rules rely entirely
on D20 and are thus derivative.
On the other hand, IF, Joebob Games wrote entirely new rules (which could
just be D20 rewritten, but that's a seperate issue) They could as the
originator define which parts of the rules are Open and which aren't. in fact
they could as Wizards is doing produce a SRD and so forth.
This is my interpretation of the OGL, admittedly it is entirely based on my
definition of Derivative, but, even though I'm no lawyer, I think you would
be hard pressed to win a court case against me.
The only workaround would be to make a rule so generic that it could
literally be dropped into any system. If you could prove that in court, then
you could make it closed content.(to wit, if your psi rule is based on roling
a D20, AND the ruleset being used is D20, then it is derivative of that
system and must be open. On the other hand, if you used say WEGD6 (if it were
open) and still used a D20 to resolve PSI, you might be able to close it,
because it doesn't use a D6. Of course the randomizer used is only one aspect
of the rule.
Really the SRD is the best way to define what is and isn't open content. and
is the best source for determining if a supplement is fully derivative. As
stated above, I would think that any Rule Mechanic intended for use with D20
is by definition derivative of D20.
John
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