I agree that there are ways to work around the difficulty of IP leakage. My
main point, though, is that you need to be very careful when using the OGL
in conjunction with IP that you feel may be valuable. A corollary is that
the danger of accidental IP leakage represents added risk which will, I
think, keep professionals with new IP from using the OGL. At the very least,
it creates a barrier and extra work on the part of the game designer.
Also, remember that the idea of a 'stat block' is to organize all of the
game-mechanical aspects of a thing in one spot. Many of the suggestions to
solve the IP leakage problem require the reader to go back and hunt through
the text for a key piece of information such as the identify of the "mortal
enemy." Just something to keep in mind as you tackle the problem in your
product.
I'm interested in seeing the solutions that other people come up with. Using
an alternative font or style inside the stat block to represent closed
material might work, but it creates additional complexity that the reader
must keep in mind. Not necessarily prohibitive complexity, but just enough
to make me leery. I'm leaning toward a generic reference, such as "mortal
enemy," in the stat block with a footnote to the more descriptive text at
the bottom of but outside the stat block. It still feels like a kludge,
though.
One last thing: is the rule I'm using as an example generic enough to be
closed or is it derivative and so should be open? No clear answer is
available. To be safe, I would make it open, but if you are thinking of
walking the line between generic and derivative, then definitely get advice
from an IP attorney. Keep in mind, though, that any one rule may be generic
and not threaten your IP, but all of those so-called generic rules taken
together may betray the character of your IP and allow others to produce
derivative material.
For instance, say Stolze and Tynes released Unknown Armies using d20 and the
OGL. Unless they were quite careful in plugging most of the IP leaks (and in
a game like that, where the setting and rules overlap considerably, plugging
the leaks would require great effort), I could publish source books or
novels, if I had the talent, that would seamlessly link to official Unknown
Armies material based on the character of the IP that I picked up in the
open sections of the rules. Essentially I would be stealing their IP. This
inherent risk in using OGL is what I think will keep S&T and other
professionals from releasing original games under the license.
-kenan
----- Original Message -----
From: "Faustus von Goethe" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, June 29, 2000 11:33 AM
Subject: Re: [Open_Gaming] OGL and Intellectual Property
> >mongoosemen +2 to hit when fighting snakemen. So in the greyed out stats
> >block you put "+2 to hit when fighting snakemen."
>
> You do not have to "open" such a generic modifier. If you want to be
> ul;tra-safe put "Mongoosemen get +2 on any attack rolls when fighting
> snakemen."
>
> In both these cases you are adding a game mechanic (a non-copyrightable
> element) and is such a generic use that it could never be considered a
> copyright violation.
>
> Faust
>
> See the OGF FAQ at:
> http://www.earth1066.com/D20FAQ.htm
>
>
>
> ________________________________________________________________________
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