Doug Meerschaert wrote:
> [EMAIL PROTECTED] wrote:
>
> > Actually I don't really think there is an exception from a legal
> > standpoint.
> > Use is defined beyond distribution (publishing). No one can enforce your
> > example from a practical standpoint but the license goes into effect the
> > minute you do anything other than read the material. Receiving it and
> > reading
> > it seem to be the only things you can do without agreeing to the terms.
>
> No, Use (and Trademark) are defined for the OGL in the OGL.
>
> to wit:
>
> "(g) "Use", "Used" or "Using" means to use, Distribute, copy, edit,
> format, modify, translate and otherwise create Derivative Material of
> Open Game Content. "
>
Right, and by playing the game as intended the consumer is arguably creating a
derivative work of the game content (the public performance of a literary
work, to pick one possible legal theory) . By creating such a work, you are
"otherwise creating Derivative Material of Open Game Content,", thus "Using"
the OGC in such a way as to constitute acceptance of the OGL under section 3.
It's obvious from much of the language of the OGL that it's not intended to
cover actual game play by consumer (the most obvious being the requirement
that a copy of the OGL be affixed to any OGC you "Use" - an impossibility
where the "Used" OGC exists only in oral form). But creating some kind of
explicit clause excepting this type of use from the license definition of
"Use" could clear up some potentially thorny issues without thwarting the
intentions of all parties involved.
As long as the "Use" term is getting kicked around, section 4 of the OGL
contains the phrase "In consideration for agreeing to use [sic] this
License..." "Use" is capitalized in the rest of the OGL and defined
specifically. Unless the license intends the licensee consideration to be an
agreement to "distribute, copy,. edit, etc." the OGL, shouldn't this clause
read:
"In consideration for abiding by the terms of this License..."?
Yeah it's a minor detail, but it's my understanding that's where the devil
is...
GG
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