On 17 Dec 00, [EMAIL PROTECTED] scribbled a note about [Open_Gaming] Reply to Brad:
> This leads me to ask why can't you extrapolate in this specific
> case (if not in the general sense)? I used this before and it was
> dismissed but I raise it again. If I buy a paint by the numbers dog and
> painting guide and I paint the dog, I could sell it unless the product
A paint by numbers picture is quite different from a module. The
same goes for a miniature. Both items are unfinished product sold
to you to finish. Byfinishing them (painting them), you have altered
and changed their value. Also note that both of these items are just
that, items, objects, and not copyrighted expressions of an idea.
That difference alone places them in such different catagories that
trying to compare the uses you can put to the uses you can put
the other is almost silly.
> said specifically that I couldn't. Or substitute miniatures. Or a module
> which might have substantially more creative effort in it (Again assume
> that I used noone else's settings/brands).
Again (and you apparently dismissed this from my posts), creating
your own completely original adventure, using nobody's PI or such,
you can do whatever you want with it.
But if you include pieces for using it with a specific set of rules,
then the act of doing so (i.e. deriving material from another source,
in order to make your product compatible with that other source)
makes your product a derivative work under US Copyright law.
As a derivative work, the owner of the original work legally owns
those portions of your work derived from his (again under copyright
law). Attempting to sell, or even distribute this derivative work can
be met with a lawsuit from the owner of the original work.
What the OGL does (especially when used in conjunction with the
STL) is to allow you to make and sell derivative works without
having to negotiate an overly complicated or possibly expensive
license with the owner of the original work.
By original work, I am referring to the specific expression of a set of
rules, not to any specific settings or brand names.
The way that the licenses are currently written, you do give up
some of your normal rights in order to gain these benefits, but as
Ryan has said many times before, these restrictions will eventually
be relaxed as time goes on.
It is also important to remember that while the majority of folks
would not intentionally violate these agreements, there are some
that would do so. So another purpose of these licenses is to
protect everybody who publishes material under these licenses
from this small percentage by clearly outlining how to create these
OGL works properly, without violating the licenses unintentionally.
(Yes, there is still some confusion, but that will disappear as time
goes on and more products are presented using this format.
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Rasyr (Tim Dugger)
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Last updated: October 6, 1999
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