"Jared Nielsen" <[EMAIL PROTECTED]> wrote:

> This is the crux of my point.  I can't execute an agreement with Wizards of
> the Coast (who generally owns the copyright of the OGL contracts on behalf
> of another entity, so it should more relevantly state that Wizards'
> trademarks may not be used without permission, which is the core purpose of
> this inclusion.

Ugh.  That would be RETCHID.  If the OGL was going to be tied to WotC in any
direct way, then it would be worthless.  Plus, WotC might change their minds
in the future...

 
> As for the enforceability with other trademark holders, that remains in the
> purview of the individual licensing agreements with the trademark holders.
> Unless this contract is between the OGL author and ALL game companies...
but
> it's not... it's between the OGL author and WotC (insert shell company name
> here).

Not even.  It's between anyone who writes OGL material and those whose
material he bases his work on, or those who want to base a work on his.

WotC just "happens" to be at the top of the chain.  Er, of ONE chain.

 
> If you include it as a guideline, then it's a guideline.  It just seems
like
> a bit of legal misdirection that would cause more problems than it would
> help imho.

What problems?  Most legitimate uses of other folk's trademarks in the way the
industry works wouldn't fall under the OGL.

> Then make it clear that it's WotC's trademarks in the contract.  I can see
a
> reason to diffuse the issue here to include all other game trademarks in
> this contract so that the OGL doesn't specifically protect WotC, thereby
> insulating the OGL effort from being tagged as a WotC owned, oh by the way
> it's kind-of open, project, but that's really what this is... it's a WotC
> licensing agreement between me and WotC... not anyone else.

Wrong.  D20 is a licensisng agreemnt.  OGL is one of the first truly "open"
open-gaming licenses.

White Wolf could look at it, say "cool", and release the storyteller rules
under the OGL without WotC at all.  Same with any other game company.


DM

Looking for a game?  I DM in Upstate NY, twice a month 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!

[EMAIL PROTECTED]
[EMAIL PROTECTED]
AIM: PlanesdragonDM  ICQ: 26106342

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