>From: "John Kim" <[EMAIL PROTECTED]>
>
> > If so, is there a forum for discussion of "Open Gaming" which
> > does not have this restriction? I don't want to butt in where I'm
> > not wanted, but I am not clear on what is "on topic" for this list.
>
[Ryan replied]
>My opinion, as list moderator, is that the topic has been debated
>effectively, both sides have presented their arguments, a decision has been
>made, and it is time to move on.
>
>If someone has a substantive new argument to put forth, I'd love to hear
>it.
>Otherwise, lets drop the subject and move forward.
John:
Effectively we have come to a point where the issue has been discussed to a
point where many of the parties have resolved that the disussion is now
philosophical - the following "facts" have been established:
1. The OGL >will< clarify "grey areas" of the Trademark Law at all times in
favor of the trademark holder. (By stipulating "no acceptable use")
2. The OGL will allow casual misuses of trademarks to be overlooked by the
trademark holder at their discretion. (The clause that states "The use of
any Trademark in Open Game Content does not constitute a challenge to the
ownership of that Trademark".)
3. The OGL will make it somewhat easier and somewhat cheaper for a trademark
holder to sue for trademark violation.
4. These "protections" extend to all contributors of open content, and they
favor the contributors heavily.
There is still a (small ON THIS LIST, but vocal) contingent (myself
included) that feels that extending the trademark laws in this fashion is
philosophically repugnant and violates what >we feel< to be the "spirit" of
openness. We must decide for ourselves whether to accept or reject the OGL
on this basis.
There is still a (small but silent) paranoia contingent that tries to "look
behind" the ramifications of the OGL and hypothesizes what the "giant
corporation" could do with it. The only major objection I have heard from
this quarter is that for the first time under the OGL's particular rules the
"giant corporation" could use selective enforcement of trademark laws to
punish those they don't like for minor trademark transgressions, while
rewarding their buddies by overlooking similar small transgressions. But
some argue that this particular contingent also has dreams about black
helicopters with "HASBRO" stenciled on the side ... *grin*
Again, this contingent must decide for themselves whether to accept or
reject the OGL on this basis.
Faust
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