>From: John Kim <[EMAIL PROTECTED]>
>
>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.
Respectfully, you are incorrect, sir. I agree with your assessment of the
law regarding trademarks and copyrights, but the OGL intentionally is more
restrictive than the law in this regard. This is a conversation that has
long since passed - you need to read the OGL a little closer:
1. Definitions: ... (e) "Product Identity" means product and
product line names, logos and identifying marks including trade
dress; ... logos, symbols, or graphic designs; and any other
trademark or registered trademark clearly identified as Product
Identity by the owner of the Product ...
7. Use of Product Identity: You agree not to Use any Product
Identity ...
This means - you MUST strip out all trademarks, except as specifically
allowed by the OGL contributor - from ANY work you intend to OGL - unless
the original author "opens" that mark for general use - something that is
very unlikely to happen for D&D.
At least this is the way I have been reading it, and Ryan's comments have
*seemed* to back up my interpretation ....
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