Alex-
I typed a huge reply to your email but I wanted to
make sure I fully understood your position before I
posted my reply (unusual restraint for me).
You made a few comments that concerned me and I was
wondering if you could clarify:
1. "where does the idea that making adventures (for
use with D&D or any other system) requires a license
or permission, come from? If the content is original
(no trademarks or copyright settings are used) why
can't you sell your own work? The fact that you lay
out your material according to rules which you bought
and which exist to tell you how to play a certain way
and which anyone else can buy, doesn't automatically
invalidate your ownnership of your work."
First, you dont need a license or permission, though
you might run afoul of copyright/trademark law.
Second, you always own you work, even derivative
material. The question again is possible
trademark/copyright issues. You dont "give up
ownership." Even if I use OGC under the OGL I still
own the work I create. WotC doenst own it.
Third, are you saying that just because you bought the
game rules you get to do whatever you want with them,
because that isnt the law. You dont get carte blanche
just becuase you buy a product. I think I might be
misunderstanding what you wrote and I want to check
with you.
2. "if you subscribe to the theory that no claims can
be made against your original work created with a set
of rules in mind, then why should you give up the
ability to cite compatibility with such rules as you
see fit?"
I'm concerned that you believe that without the OGL
you can create a D&D compatible work without
limitation. It seems that maybe the generic notion
that "rules cant be copyrighted" is causing a problem
here. That general proposition does not mean that the
specific expression of a game such as D&D (as opposed
to blackjack) is not protectable and thus no one could
challenge your creation. This area of the law is
unsettled. You cant state that the expression of rules
in D&D is free for your taking with any certainty.
3. "Publishing scenarios:
A. I release into the public domain.
B. I release under copyright and trademark laws.
C. I release OGC and PI under the OGL."
I dont understand these scenarios. Do you mean that
you create your own game system and then choose
between these three options? Or are you talking about
making a D&D compatible product?
4. "In fact, because of complicated coverage rules the
OGL can increase the chances you might violate the
license and be sued."
I understand this as a hypothetical possibility, but
as a reality it is false. Sure, if you use the OGL now
you can be sued for good old fashioned
trademark/copyright issues AND for breach of the
license. The reality is that instead it creates a safe
harbor.
Look at the reality. Steve and I have published a hard
back book of monsters on par with the official monster
manual, my first module Crucible of Freya is on
shelves and Rappan Athuk and Demons and Devils will be
there in a few weeks. Green Ronin and Atlas have
product out. So does Fiery Dragon, Nightshift and
Otherworld Creations. The list goes on.
Was there this explosion of "compatible" products
prior to the OGL? No. There wasnt. Why not, becuase
the safe harbor actually reduces the risk of lawsuits
and allows for small publishers to make business
decisions and evaluate the legal ramifications.
The proof is in the pudding, as they say. I havent
gotten any cease and desist letters, nor have any of
the other publishers (to my knowledge). All of this is
ONLY possible in the litigation-free environment
created by the OGL/d20 license and through the content
released under those licenses.
5. You then state: "Anyone see how this fails as a
good line of reasoning to adopt the OGL for your
releases? Because the rules as encompassed by the SRD
could be "accessed" anyway, making products for them
would be legal, and claiming compatibility with them
would be legal."
I see this as an extension of your flawed position (if
I am understanding it right) that you feel you have
access to this stuff anyway. What stuff do you mean?
D&D? Other systems? If you mean D&D, you are on shaky
ground.
6. "While this is certainly fine for them and acts as
a huge carrot (d20 brand recognition can offset the
restrictions) it doesn't justify the OGL for other
games."
No one is hiding that this helps WotC.
There will be other OGL/d20 games. Nightshift is
poised to release (actually, I think it is out) their
superhero rules d20/ogl. And I think the same business
justifications exist in that context. I dont see your
distinction why it is good for D&D/d20 SRD and not for
other games as a legal matter. (I happen to agree that
I dont want to see d20 take over as a rule system; I
think different systems lend to different "feel" and I
dont want to see that disappear).
7. "In the end though, I fail to see why anyone should
give up rights to claim compatibility for the simple
reason that if the rules are not protected except in
specific presentation/statement, and you own your own
work created according to those rules, then what gain
do you have by publishing under the OGL"
I'm still having trouble with this.
The reality is this: you say "compatible with D&D" you
get a lawsuit. You put the d20 logo on and use the
license and get your product on the shelf next to the
WotC products and you dont get a lawsuit. Its that
simple.
I do enjoy the dialoge on this issue, and we have been
over it on this and other lists several times before.
There are a number of folks who will say "dont use the
OGL, make your own game." I say more power to you.
All I want to do is try to dispel the simplistic
notion that a person currently without the OGL has
some unfettered right to make D&D compatible products
and not get sued. You dont. Thats why the OGL is
valuable. We get the keys to the car as long as we
promise to drive safe. No OGL, no car keys.
Clark
=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"
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