Justin Bacon wrote:
>
> Doug Meerschaert wrote:
> Which part of the OGL specifies that the use of any trademark is a breach? If I
> have a character drinking a Pepsi(TM), have I breached the OGL?
>
As of the long thread on this some months back, yes. For one thing, it
violates one of the main purposes of the OGL -- to provide a total 'safe
harbor'. Under trademark dilution laws, any trademark used without
permission could draw the attention of Evil Lawyers. For you to 'open'
content, you must own ALL of the content.
Example:You create an NPC villain who loves to drink Pepsi TM and smoke
Marlboro TM. You release that NPC, and the descriptive text, as OGC. I
then copy it and use it my own open product. Pepsico decides they don't
want their drink associated with an axe-murdering sociopath. They sue
me. I, in turn, sue YOU -- claiming you shouldn't have released your
open game content unless you had TOTAL rights to it. You sue WOTC,
because they have deep pockets. And so it goes.
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