From: "Brad Thompson" <[EMAIL PROTECTED]>
> ERROR:
> 1.(d)�Open Game Content� <snip> specifically excludes Product Identity.
> 7. <snip> The owner of any Product Identity used in Open Game Content
<snip>
> You can't use Product Identity in Open Game Content, because Product
> Identity is specifically excluded from Open Game Content.
I agree this is probably an error; and it relates to my response to your
thoughts below. I do however think that the part of 1.(d) that says "and
means any work covered by this License" preserves the right to include
non-game mechanic materials as Open Game Content at the contributor's
discretion. The wording needs help though.
> It is no longer about sharing source material, but rather about
> simply sharing game mechanics.
I think this concern can be fixed by adding a handful of words and deleting
one line from the license.
I think a few words need to be added (in brackets, below) so that 1.(d)
reads:
(d)�Open Game Content� means the game mechanic and includes the methods,
procedures, processes and routines to the extent such content does not
embody the Product Identity and is an enhancement over the prior art; [any
additional content clearly identified as Open Game Content by the
Contributor]; and means any work covered by this License, including
translations and derivative works under copyright law, but specifically
excludes Product Identity.
And I think a few words need to be added (in brackets, below) to limit the
scope of the Product Identity so that 1.(e) reads:
(e) "Product Identity" means product and product line names, logos
and identifying marks including trade dress; artifacts; creatures
characters; stories, storylines, plots, thematic elements, dialogue,
incidents, language, artwork, symbols, designs, depictions, likenesses,
formats, poses, concepts, themes and graphic, photographic and other visual
or audio representations; names and descriptions of characters, spells,
enchantments, personalities, teams, personas, likenesses and special
abilities; places, locations, environments, creatures, equipment, magical or
supernatural abilities or effects, logos, symbols, or graphic designs; and
any other trademark or registered trademark [ delete: and which specifically
excludes the Open Game Content;] [add: clearly identified as Product
Identity by the owner of the Product Identity.]
The practical operation of these two clauses would be this: If you
contributed Open Game Content that had mixed within it material that you
wanted to be Product Identity, you now have a structured way to do that.
Under the pre-laywer draft of the OGL, you could have done >exactly the same
thing<, by making a note that described Product Identity just as the
post-lawyer draft of the license does, and then listed the material you
wanted excluded from the Open Game Content you were distributing.
Thus, this post-lawyer license, with my proposed changes, gets us right back
where we started, except now there is an affirmative way for people to avoid
accidentially mixing their proprietary, closed content with the Open Game
Content. This addresses one of the longstanding issues with the license -
namely the worry that it would be confusing for people to figure out what
they could and could not re-use in a product that mixed Open and Closed
content. The changes to the license listed above mean that you have to both
identify the Open content, and identify any Closed content as well.
> Under this new OGL everyone is creating a hybrid work
A product like Chris Pramas' Death in Freeport, which rendered "all the Text
Open Game Content" would remain completely open except for the illustrations
and the maps.
A product with a note saying "all content is Open Game Content" would be
completely open. (The D20SRD will use this clause.)
Another change I am going to suggest is the change of term to "Excluded
Product Identity", to make it even more clear to the layperson what the term
means.
On a side note, I think 1(f) can be deleted because nothing in the license
refers to Proprietary Trademarks.
Ryan
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