On Mon, 23 Apr 2001, Alec A. Burkhardt wrote:
> Yes, but Kal is also arguing that you could use the name Conan to refer
> directly to the character that was claimed as PI in someone's product.
> Since that character could easily involve enhancement of prior art, this
> would not appear to be allowed under the OGL. And if this isn't the case,
> the only types of names that can be PIed are going to have to be extremely
> far-fetched and ridiculous. If I create a character named Eric the Blade,
> Kal's argument appears to be that I cannot claim that name as PI since
> neither Eric nor Blade can be claimed as anything but common words.
I'm arguing you can stick a public domain name on top of a
open game content stat and combat block. They are explicit
giving permission to use the stat and combat block that has
been designated as OGC. Even if that public domain name was
designated as PI, it is still OGC and I have a license to use it.
I haven't given much thought to the subtle difference between
my Conan and your Conan and the orginal public domain Conan.
Nor do I think it is necessary to interpret the OGL. If you
release a stat block as OGC with STR 9 and INT 25. My interpretation
of the OGL is that I could call this OGC stat block Conan even if you
designate Conan as PI.
> And even if nothing they did was an enhancement, that still doesn't permit
> someone to use their version of Conan. Their version would clearly be in
> breach of the OGL (they PIed something they didn't have the right to PI),
I do not see where in the OGL that designating something that is not
an enhancement PI is a violation. In fact, 1d-OGL reads like people
CAN designate PI on something that is not an enhancement over prior
art but it is still OGC.
> but if I wanted to use Conan I'd need to go back to the source myself
> rather than go through the violating work. Now I could perhaps actually
> use their work and then just claim in a court case (if one were to
> materialize) that I went back to the source, but for the court it is the
> fact that I went back to the source that is crucial here. And if the
> other party could show that I had to use something of theirs that wasn't
> available either through public domain or OGC I'd likely be in trouble.
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