On Thu, 21 Sep 2000, Lizard wrote:
> At 10:31 PM 9/21/00 -0500, you wrote:
> >In regards to fair use, the ogl doesn't have to specificaly address fair
> >use, as fair use is granted by the law. You couldn't get rid of fair use
> >with just a license. That's my humble understanding, anyways.
> >
> Though IANAL, I believe your understanding is wrong. Part of the cost of
> the OGL is that you sign away many rights otherwise granted to you by law.
>
> The law allows me to put "Compatible with Bludgeons&Flagons(tm), Trademark
> used without permission" on the cover of my game. The OGL specifically
> denies me that right, without a separate agreement with the publishers of
> Bludgeons&Flagons.
Nothing in the OGL does away with "fair use" as permitted under copyright
law. Of course, the "fair use" exception to copyright would not permit
anyone to use material for the activity being discussed here anyway.
Fair use refers to using portions of copyrighted material for things such
as commentary, criticism, news reporting, and scholarly reports. It
doesn't simply mean that you can use a small portion of a work -- you must
be using it for one of the accepted exceptions. This topic really has not
even come close to discussing anything that would be considered "fair
use."
later,
alec
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