On Sun, 15 Apr 2001, Clark Peterson wrote:

> Justin wrote:
> 
> "You're confused, Clark. Without using the OGL I could
> easily write, in a gaming product, "refer to page XX
> of the CREATURE COLLECTION, published by SWORDS &
> SORCERY, for a description of monster YY". That's so
> far within the boundaries of fair use its not even
> funny."
> 
> No, actually I'm not confused. I wasnt talking about
> simple reference to a work outside of the OGL. I was
> talking about use of copyrighted work outside of the
> OGL such as using a chunk of a game world. Outside of
> the OGL I agree in theory that under fair use you
> could attempt to make the reference you described
> (though some might disagree with that).

He could make the reference.  However, there'd be absolutely no point in
making such a reference in a gaming product since he can't use monster YY
described on page XX of the Creature Collection, published by Swords &
Sorcery without violating the copyright on said monster.  And simply by
making the reference in a gaming products it could be argued he's at least
implying the use of the monster.

alec


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