> Kal Lin
>
> > They don't
> > really have the right to use it either, since it was probably a
> derivative
> > work, but that is beside the point - they can still stop others
> from using
>
> This is extremely important to the point. The OGC stat block is
> 99.99% likely to be derived from the SRD, in my mind.
Is the stat block all you're talking about? The stat block is barely
copyrightable in the first place. I had assumed you at least meant
something like a Special Ability to go along with the critter's stat block.
You had mentioned Cold Breath as a feature of the Frost Ape...that is
definitely one step beyond a stat block, and derivative or not represents
(barely) original material that you can't use verbatim without permission.
> The authority to contribute clause 5-OGL applies only to original
> material.
Yes, and derivative material that includes original material is both
original and derivative.
> Agreed. There is also incredible risk and bad reputation associated
> with using OGC as it is supposed to against someone else's wishes.
> You may lose in court and people will certainly call you an ass.
> But it is a better final recourse than to sue someone to get them
> to open up something they falsely claimed to have created.
I think perhaps we have different meanings for the term 'better'...I would
much rather go the latter route than the former. At least the latter
doesn't result in a counter-suit.
-Brad
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