"Ryan S. Dancey" wrote:
> > What if I
> > produce something which uses product identity belonging to someone who has
> not
> > yet produced OGC, but does so after I have published (but continue to sell)
> my
> > product?
>
> If they released that material as OGC, they can't "go back" and turn it into
> PI. Once it's OGC, it's OGC forever.
For example, let's say that PEG publishes OGC for DEADLANDS, and identifies
"DEADLANDS" as PI. I write a derivative product, and reference PEG's HELL ON
EARTH. Later, PEG publishes OGC for HELL ON EARTH and identified "HELL ON EARTH"
as PI. Am I now in violation of the OGL? Would I have been in violation of the
OGL if PEG had published their HELL ON EARTH material before I published my
DEADLANDS-derived material? If I hadn't know that PEG had published OGC HELL ON
EARTH material?
> > So you're telling me that I can use product identity, so long as the use of
> the
> > product identity is unconnected to the OGC? I can't get that reading out of
> the
> > OGL. What constitutes a "connection"?
>
> To be clear, you are in breach. The question becomes, "can anyone sue".
> The ability of someone to sue is linked to their ability to show that your
> breach of the agreement actually caused them damage.
So I *am* in breach if I use someone else's trademarks, regardless of whether
they've published OGC or not?
Justin Bacon
[EMAIL PROTECTED]
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