[EMAIL PROTECTED] wrote:
>> Unless it specifcally had to be "article in a periodical."
>>
>> And, not if it was "an articile in a periodical, and all references to
>> that article in that or any other issue of the periodicial."
>>
> The definition of a periodical is such that that can be twisted...weasel
> words like these will only serve to A) confuse people and B) make it to where
> no magazine will have any interest in including that material due to the
> artificially stupid restraints...which will hurt the publicity effort.
? You're being unreasonable. Magazine publishers know what a
periodical is, and they know what articles are. "Treat all references
to that article as advertising for an OGL'd work" is easy enough that
even a non-gamer can understand it.
> I could say "See the new <insert D&D logo here> inside!"
>
> And run that same capsule review (or a different 2 paragraph version) in
> every issue.
Which would open you up for a breach of the OGL--WotC would argue that
you are misusing their trademark, and they could even leave the OGL out
of it.
> Here's the review - "I thought it was cool, and had cool pictures."
>
> Now, you gonna try and define a review now so a real one has to be generated?
No, the market can handle that, silly.
> How about making sure someone doesn't run the same review issue after issue?
See above. "Misuse of trademark." "Misleading Advertising." Oh, the
suits can just pile up, if needs be.
>>> See how it can all be twisted?
>>
>> Technically, yes. Which is why the "reasonable man" standard exists.
>>
> Be honest -- how many "reasonable men" exist in gaming these days?
Doesn't matter. We're talking litigation, not gaming. (assuming that
someone tries to twist the OGL in a bad way... if everyone plays nice,
no one goes to court.)
> Don't try and over-define things or you'll create situations that are
> nightmares for everyone except the guy taking advantage of you...
*sigh* Not true. It is feasable and reasonable to make your contract
(the OGL) do exactly what you want it to do and no more--it just is more
work than is worth it at this time.
DM
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