>From: "Grok" <[EMAIL PROTECTED]>
>
>whooohoo.. I found my way to make my fortune on d20 and never actually have
>to make a single product.. I will just hunt for violations, then 'mock up'
>something based on the violation, leak it to the party who actually is
>protected, let them threaten me, and then sue the guy who didn't know
>better.. Man, this is gonna be easy.
Nope. Sorry. You would only be entitled to actual damages, so you would
have to PRINT a product, then actually lose money & you would (at best) just
break even.
><grin>
>-R
>----- Original Message -----
>From: "Faustus von Goethe" <[EMAIL PROTECTED]>
>To: <[EMAIL PROTECTED]>
>Sent: Wednesday, April 18, 2001 1:22 AM
>Subject: Re: [Ogf-l] I'm Game
>
>
> > >Heh, the important things to note in the message below are:
> > >a) Faust wins.. again.
> >
> > I could only wish - although the prospect of suing Doug for his $0.37
>sounds
> > rather appetizing.
> >
> > ACTUALLY, here is what is on my mind most of all lately, and this
> > conversation keeps reminding me of it:
> >
> > >So it becomes sue-your-pants-off when you have been notified of a
>violation
> > >and failed to correct it in 30 days.
> >
> > [FAUST REPLIES]
> > Not just. My particular IP attorney assures me that "Downstream
>Liability"
> > is where "sue-your-pants-off" becomes a very real possibility in Open
> > Gaming.
> >
> > This is the one significant risk that the license does not (cannot?)
>cover
> > effectively and still retain the PI concept. This risk is what I have
>heard
> > to referred to as the "downstream liability" risk of publishing
>previously
> > "opened" material. The situation could arise like this:
> >
> > 1. Party A writes an OGL document with a large part of it
> > PI (copyright work).
> > 2. Party B mistakenly publishes the entire work as "open".
> > 3. Party C sees Party B's work, and writes and PUBLISHES
> > a game based on the "mistakenly" open content.
> > 4. Party A informs party C they cannot use the content,
> > but too late - Party C has already spent $50,000 printing
> > up their work. Way too late, because now they CAN'T publish
> > and the $50 grand is wasted - GONE.
> >
> > This scenario leaves Party B clearly legally liable for Party C's $50
>grand
> > - even though all they did was pass on work they believed to be open.
>It
> > might have been an honest mistake, or a late night printing blunder, but
> > they are still liable.
> >
> > Now considering the obvious lack of understanding on MANY persons
>concerning
> > what PI is and how to use it, this situation is not only plausible, it
>is
> > LIKELY that just this will happen before too long. This risk is also
>the
> > crux of the reason why PI works to completely discourage ANY but
> > professional gaming companies from truly embracing the "semi-open"
>nature
>of
> > the OGL.
> >
> > This is also EXACTLY the fundamental difference between "Free Software"
>and
> > "Open" Gaming. There IS NO "downstream liability" risk in Free Software
> > (yes, free as in beer), because ALL of an open software work is (by
> > definition) open - no PI.
> >
> > THE CONCLUSION: What we have (in the OGL) is a license that
>fundamentally
> > only serves the needs of professional developers. It does not provide
> > anything (except more products to buy) for the hobbyist.
> >
> > Not that that is a bad thing, but it certainly leaves something to be
> > desired for the 99.9% of the "Gaming Community" that the "Open Gaming
> > Foundation" is ostensibly supposed to represent.
> >
> > So, an open (sic) question: Have we LOST SIGHT of the FAN community
>here,
> > or should we even be considering them?
> >
> > IMO the whole crux of this discussion can be summed up in that question:
> >
> > "Should the Open Gaming Foundation" concern itself with the
> > needs of the FAN community?"
> >
> > Comments?
> >
> > Faust
> >
> >
> >
> >
> > >From: "Grok" <[EMAIL PROTECTED]>
> > >
> > >Heh, the important things to note in the message below are:
> > >a) Faust wins.. again.
> > >b) Snow Apes apparently have a secret power of 'Initiate Litigation'
>that
> > >was missed in the Creature Collection..
> > >
> > >Clark, will the webpage have the correct powers for Snow Apes soon?
> > >
> > >::reseting the bear trap in the chimney::
> > >-R
> > >----- Original Message -----
> > >From: "LaPierre, Bob" <[EMAIL PROTECTED]>
> > >To: <[EMAIL PROTECTED]>
> > >Sent: Tuesday, April 17, 2001 2:46 PM
> > >Subject: RE: [Ogf-l] I'm Game
> > >
> > >
> > > > "agreeing not to hold advice-givers liable" OK everyone this is
>_just
> > >an
> > > > example_ I don't think anyone on this list would do this but
>eventually
> > > > there will be other developers.
> > > >
> > > > 1) Doug wants to create a world using "Free20" and the OGL and
>"d20".
> > > > 2) He decides that the northern reaches of his world has "Snow
>Apes".
> > > > 3) Clark misses the email asking for permission.
> > > > 4) Doug complains he doesn't have an answer.
> > > > 5) Martin says "Clark is reasonable, go ahead and use it. He said on
>the
> > > > list that people can use the names as long as the description and
>stats
> > >are
> > > > kept the same."
> > > > 6) Clark missed the email because Faust was buying SSS and they were
> > > > celebrating.
> > > > 7) Faust sees his IP on a website with 50,000 hits a day.
> > > > 8) Faust is upset because with all the info already created by
>visitors
> > >and
> > > > added to the site, he has to scrap his plans to do "The ecology of
>the
> > >Snow
> > > > Ape".
> > > > 9) He goes after Doug.
> > > > 10) Doug says "I've only got $0.37, but you can have it."
> > > > 11) Doug's lawyer says "Martin duped my client!"
> > > > 12) Doug is found guilty anyway.
> > > > 13) Since Doug didn't have anything, Faust goes after Martin. Faust
> > >wasn't
> > >a
> > > > party to the "Free20" agreement.
> > > > 14) Martin is partially culpable.
> > > >
> > > > Now as to having a plain english version: we had that argument most
>of
> > >the
> > > > last two weeks, I don't want to open it again.
> > > > Bob
> > > >
> > > > -----Original Message-----
> > > > From: Doug Meerschaert [mailto:[EMAIL PROTECTED]]
> > > >
> > > > >2) Even with your proposed add-on _you still need to comply with
>the
> > >OGL_,
> > > > >just because you aren't doing it for profit doesn't mean you can't
>be
> > > > >involved in legal problems. With or without your add-on.
> > > >
> > > >
> > > > *OF COURSE* we need to use the OGL. But what Free20 would do is
>provide
> > >a
> > > > consistent entity--see the "Free20" message. That "agreeing to not
>hold
> > > > advice-givers liable" is important.
> > > >
> > > > I don't know how LEGAL it is, but it's just a draft.
> > > >
> > > > >No-one on this list is saying "don't do it". We are saying that
>unless
> > >you
> > > > >are 100% certain of your interpetation of the OGL then you need to
>get
> > > > >competent legal advice. The people on this list can't risk giving
>legal
> > > > >advice. And none of us want to see you lose everything.
> > > >
> > > >
> > > > Bob, even Ryan needed legal advice on the OGL. And, even *with*
> > >lawyers,
> > > > people have messed up.
> > > >
> > > > What if, somehow, we *could* give advice on d20 without always
>saying
> > >"I'm
> > > > not a lawyer." What if there *was* a plain english document that
>anyone
> > >who
> > > > can read the SRD could read, follow, and not have to worry about
>getting
> > > > sued? Free legal advice doesn't make any sense between one business
>and
> > > > another--but it makes PLENTY of sense for fans and individuals who
>don't
> > > > stand to profit from the OGL but still want to contribute.
> > > >
> > > >
> > > > DM
> > > >
> > > > _______________________________________________
> > > > Ogf-l mailing list
> > > > [EMAIL PROTECTED]
> > > > http://www.opengamingfoundation.org/mailman/listinfo/ogf-l
> > > >
> > >
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