Re: [Open_Gaming] NO CONTEST! OGL vs "ONLINE USE POLICY" [was:Clarificationneeded;important]

[John Kim]

On Fri, 8 Sep 2000, Faustus von Goethe wrote:
> But - to move to the OGL a FAN product MUST
> 1. Remove all other non-OGL copyright material.
> 2. Remove all references to others' trademarks.
> 
> To "extract" FAN copyright material from a FAN based work, the FAN must:
> 1. remove all non-open copyright material.
> 2. Remove all references to others' trademarks.

        This is not true.  Copyright law allows a certain amount of 
"fair use" of material copyrighted by other authors.  Trademark law allows
much more freedom: you can use trademarks however you like, as long as it
is non-deceptive and non-diluting.  i.e. Customers don't get the idea that
your product is an "official" product of WotC; and you don't overuse it to
the point that customers don't know what it means anymore.  

        Notably, the OGL specifically forbids stating "compatible with"
another system, which is allowed under trademark law.  

- John


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