----------------------------------------------------------------------
ERROR:
The definition of "Open Game Content" should be a distinct item
between items 1(c) and 1(d). The rest of this document will refer to
this definition as 1(c*).
----------------------------------------------------------------------
OPINION:
This draft tries to make a distinction between Product Identity,
Proprietary Content, and Open Gaming Content. I believe that the
attempted distinctions obscure the operation of the license.
Proprietary Content refers to the d20SRD and all other rules. Section
4 allows you to Use (see definition 1(g)) and Distribute this material
by agreeing to the terms of the license. Version .02 of the license
called this material Open Game Content and required it to be clearly
marked; does this requirement still stand? What is the relationship
between Open Game Content and Proprietary Content?
Can the material which the license calls Product Identity be copied or
modified in a derivative work? The next issue further addresses this
question.
----------------------------------------------------------------------
ERROR:
Definition 1(g) states that the term "Use" refers to Proprietary
Content. Section 7 says you can't use Proprietary Content:
7. Proprietary Content and Proprietary Trademarks: You agree not to
use any Proprietary Content or Proprietary Trademarks, including as
an indication as to co-adaptability or compatibility rather than
source of goods, except as expressly licensed in another Agreement
with the Proprietor which license agreement shall be independent of
this license. The use of any Proprietary Content or Proprietary
Trademarks in Open Game Content does not constitute a challenge to
the ownership of that Proprietary Content or Proprietary Trademarks.
The owner of any Proprietary Content or Proprietary Trademarks shall
retain all rights, title and interest in and to the Proprietary
Content or Proprietary Trademarks.
Should "Proprietary Content" in this section be replaced with "Product
Identity"?
----------------------------------------------------------------------
ERROR:
The definition of "Open Game Content":
1(c*) "Open Game Content" including the game mechanic and/or source
code means any work covered by this License, including translations
and derivative works under copyright law.
is not compatible with :
8. Identification: If you distribute Open Game Content You must
clearly indicate which portions of the work that you are
distributing are Open Game Content.
By section 1(c*) The entire adventure "Three Days to Kill" should be
considered Open Game Content because under copyright law it is a
derivative work of the d20SRD. So by section 8, the entire thing
should be marked as Open Game Content. The definition given in section
1(c*) guarantees that there will never be "portions" that can be Open.
Proposed fix:
Create:
1(c**) "Open Game Based Work" means any work covered by this License,
including translations and derivative works under copyright law.
Change 1(c*) to read:
1(c*) "Open Game Content" means any portion of an Open Game Based
Work which is marked as Open Game Content.
Change 8 to read:
8. Identification: If you distribute an Open Game Based Work You
must clearly indicate which portions of the work that you are
distributing are Open Game Content.
----------------------------------------------------------------------
WORDING:
2. The License: This License applies to any Open Game Content that
contains a notice indicating that the Open Game Content may only be
distributed under and in terms of this License. You must affix such
a notice to any Open Game Content that you <<copy, modify>> or
distribute. No terms may be added to or
Change the double-bracketed text to "Use"; after going to the trouble
of defining it in section 1(g) you might as well use the word.
----------------------------------------------------------------------
WORDING:
3. Offer and Acceptance: By <<copying, modifying>> or
<<distributing>> the Open Game Content (including the creation of a
derivative work based on the Open Game Content), You indicate Your
acceptance of the terms of this License.
Change the double-bracketed phrases to "Using" and "Distributing"
respectively. Remove the paranthetical phrase "(including the creation
of a derivative work based on the Open Game Content)" as it is
included in the definition of "Use" (see 1(g)).
----------------------------------------------------------------------
WORDING:
4. Consideration: In consideration for agreeing to use this License,
the Contributors grant You a perpetual, worldwide, royalty-free,
non-exclusive license with the exact terms of this License to <<make,
use, copy, modify, sell>> and Distribute the Open Game Content.
Again change the double-bracketed phrase to "Use".
----------------------------------------------------------------------
WORDING:
6. Notice of License Copyright: You must update the COPYRIGHT NOTICE
portion of this License to include the exact text of the COPYRIGHT
NOTICE of any Open Game Content You are <<copying, modifying>> or
<<distributing>>, and You must add the title, the copyright date, and
the copyright holder's name to the COPYRIGHT NOTICE of any original
Open Game Content you Distribute.
Change the double-bracketed phrases to "Using" and "Distributing"
respectively.
----------------------------------------------------------------------
WORDING:
9. Updating the License: The Wizards or its designated Agents may
publish updated versions of this License. You may use any
authorized version of this License to <<copy, modify>> and
<<distribute>> any Open Game Content originally distributed under
any version of this License.
Change the double-bracketed phrases to "Use" and "Distribute"
respectively.
----------------------------------------------------------------------
WORDING:
12. Inability to Comply: If it is impossible for You to comply with
any of the terms of this License with respect to some or all of the
Open Game Content due to statute, judicial order, or governmental
regulation then You may not <<copy, modify>> or <<distribute>> any
Open Game Material so affected.
Change the double-bracketed phrases to "Use" and "Distribute"
respectively.
-- kenan
-------------
For more information, please link to www.opengamingfoundation.org
