| -----Original Message-----
| From: [EMAIL PROTECTED]
| [mailto:[EMAIL PROTECTED]]On Behalf Of Brad Thompson
| Sent: Wednesday, September 20, 2000 8:07 PM
| To: [EMAIL PROTECTED]
| Subject: RE: [Open_Gaming] Marking PI and OGC
|
|
| > [mailto:[EMAIL PROTECTED]]On Behalf Of John Ughrin
| >
| > to play Devil's advocate...
| >
| > could you please concisely and legally define for me these
| items from the
| > list in 1e:
| >
| > concepts
| >
| > language
| >
| > plots
| >
| > themes
| >
| > I just have trouble with something as broad as "concepts" being
| > on the list.
|
| I think you misunderstand what those items in 1e mean. It means
| that if you
| create a concept such as "The Hive-Mind of Hrothzala", a language such as
| "the Westnorse Trade Tongue", a plot such as "Save the fair maid Buttercup
| from the Evil Prince Humperdink who is trying to have her killed
| and frame a
| neighboring country", or a theme such as "Cyberpunk in the 18th centry",
| then you can take all of those elements and make them part of your Product
| Identity.
I understand that those are the kinds of things that it is meant to protect.
That's not a problem. I have no grudge against someone wanting to
control/close such things. However, I don't think the language specifically
limits the term "concepts" sufficiently to these types of items.
I'll split the groupings up by semi-colon group:
1)product and product line names, logos and identifying marks including
trade dress (only reasonable)
2)artifacts (why is this is a separate category?)
3)creatures [,sic] characters (I can give that.)
4)stories, storylines, plots, thematic elements, dialogue, incidents,
language, artwork, symbols, designs, depiction, likenesses, formats, poses,
concepts, themes [,sic?] and graphic, photographic and other visual or audio
representations (personally, I think category 4 needs to be split with a
semicolon in place of "and" after themes and before graphic.)
5)names and descriptions of characters, spells, enchantments, creatures,
equipment,magical or supernatural abilities or effects, logos, symbols, or
graphic designs
6)any other trademark or registered trademark clearly identified as Product
Identity by the owner of the Product Identity, and which specifically
excludes Open Game Content.
Now: "The Hive-Mind of Hrothzala" would be a ...character? Product? I can
see it as either in group 1 or 4.
"the Westnorse Trade Tongue" certainly in group 4 as a language, but 4 (as
written) would also include specific language (i.e. word usage).
"Save the fa <Snip> untry" a story or plot, no problem there.
"Cyberpunk in the 18th centry" could be in almost any group.
As I read this listing, however, I cannot see language that restricts the
term "concepts" to those specific, fictional, and original creative concepts
that occur during the production of these games. Its a grammatical sticking
point, to be sure, but it might have legal ramifications. Similarly, the
term language is vague. Does it refer to an execution of English in
describing something, or a fictional language of my own devising, or both?
Can I, for example declare "the PC's rescue a kidnapped person of import for
great reward" as a concept? From what I can see, nothing prevents that from
happening.
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