On Fri, 11 Aug 2000, Corey Reid wrote:
> I think we've actually made some progress here. Go figure.
Crazier things have happened but not on this list!
> Okay, so what we're talking about is creating a community where all members
> can contribute to a setting, use each other's material and create a joint
> world.
Yes.
> The concern being (I'm trying to reiterate what you've just said to make
> sure we're on the same page) that a contributor may use the open content,
> combine it with trademarks (which would have to be in closed content) and
> thus make it impossible for others to use their contributions.
Yes, that is one major concern.
> The way I see it, however, this only bars you from using their trademarks.
> Those trademarks are closed content, so under the OGL you wouldn't be able
> to use them anyway. You can still use the open content freely, right?
>
> This has to be a concern in any project of this type -- that people will use
> the open content, combine it with closed content to create a joint project
> that others cannot completely reference. I don't think there's any solution
> to this problem and I don't see how the proposed clause impacts it.
(1) Without the new clause in the OGL, we can use the trademarks
from closed sections as the trademark laws allow (compatible with,
comparatively, casual references, etc). If anyone disagrees with
our usage then the trademark laws and a court will decide whether
a trademark has been tarnished or diluted.
(2) Without the new clause in the OGL, evolving trademark precedents
and legislation will govern our behavior.
With the new clause in the OGL, we would be agreeing by contract
to not use anyone's trademark *in anyway* (1) without permission
*forever* (2).
The community creating a joint world would be much better off with
their own version of an open gaming license without such powerful
trademark protections. You are welcome to take advantage of our
open content in your products. But asking us to give up our rights
under the trademark laws is a bit much.
Cheers,
--Kal
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