Damian-

There are a number of problems with the site from a
d20/OGL perspective. I suspect the site is being run
under the current Internet Use policy from WotC which
we have been told will most likely be suspended when
the d20 SRD is released (according to Ryan).

But lets look at it as a OGL/d20 site:

If it is one, these following problems exist:

1. Big no-no: it says "D&D," which violates the
trademark restriction of the d20 license and, if not
done under the license, it violates general
trademark/copyright law (arguably).

2. Obviously, for the site to function it most likely
makes use of the SRD information in some fashion. If
so, it must have a copy of the OGL on the site, which
it currently does not (at least I cant find it). Also,
it does not bear the d20 logo, which is nor required
but one would imagine is desirable.

Basically, right now this is a pure 3E fan site.
Problems is, as I see it, they are expecting future
use of the site which will be dificult when the
current Internet Use policy is revoked in favor of the
OGL/d20 licenses. It would be difficult to do the site
under the OGL/d20 licenses since I believe this might
qualify as an "Interactive Game."

Here is an interesting twist: they could do a Napster
and claim that they themselves are not using the SRD
material--only the people who are playing on the
"chat" they provide are. The site then is nothing more
than a platform provided for others to use. They could
theoretically play any game system on teh platform.
What the PCs choose to use is their concern. Or, the
site could simply be facilitating the play of the
game, which is what games are designed for.

It is similar in a sense to the SSS chat where people
can play (using 3E rules) in the Scarred Lands.
Personally, I believe that the SSS site is promoting
the Scarred Lands products and does not run afoul of
the licenses. However, I am prepared to suggest to the
others at SSS that our chat at some point bear
language compliant with the OGL.

A very interesting area of inquiry!

Again, this is not a legal opinion, but only a
hypothetical discussion of various issues presented by
the original question.

Clark

=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"

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