Hi Neal,
Not to be picky but if you had read one more paragraph in the document you
had quoted the meaning would have been more closly in agreement with my
statement. To wit:
"Some material prepared in connection with a game may be
subject to copyright if it contains a sufficient amount of literary or
pictorial expression. For example the text matter describing the rules of
the game, or the pictorial matter appearing on the game board or container,
may be registrable."
Now considering that RPGs are _mostly_ text matter describing the rules of
the game, any lawyer worth his salt would successfully argue that the system
is primarily descriptive text and therefore protected. Also that letter,
while an official document, is still just an opinion as to how the law will
apply. Courts exist to determine who's opinion is correct.
Bob
-----Original Message-----
From: Neal Rogers [mailto:[EMAIL PROTECTED]]
Sent: Friday, May 04, 2001 2:59 PM
To: [EMAIL PROTECTED]
Subject: RE: [Ogf-l] Question: References and Suggested Readings Page
--- "LaPierre, Bob" <[EMAIL PROTECTED]>
wrote:
> You seem to be basing your reply on the fact that
> individual game rules
> cannot be copywritten. However a _system_ of rules
> can be. So by not using
> the OGL & d20 you are guilty of potentially being
> convicted of copyright
> infringement because by your own admission ("this
> product is compatible with
> the Dungeons and Dragons(TM) role-playing game") it
> shows that the work is
> based on a copywritten system.
I would have to disagree with that based on my reading
of the fact sheet on games at the copyright office.
[http://www.loc.gov/copyright/fls/fl108.pdf]
The relevant portion of the document -
"The idea for a game is not protected by copyright.
The same is true of the name or title given to the
game and of the method or methods for playing it.
Copyright protects only the particular manner of an
author's expression in literary, artistic, or musical
form. Copyright protection does not extend to any
idea, system, method, device, or trademark material
involved in the development, merchandising, or playing
of a game. Once a game has been made public, nothing
in the copyright law prevents others from developing
another game based on similar principles."
This seems to be pretty clear on the fact that a
system, be it a system of rules or whatever, is not
protected by copyright.
Standard disclaimer - I'm not a lawyer and this ain't
legal advice. Any points of view expressed in this
post and in any others I make or have made on this
list are NOT legal advice but are simply opinions
based on my educational background, my own reading,
and information given to me by attorneys.
Neal
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