I thought I would throw out some scenarios and see
what Ryan and others thought about them, with regard
to whether or not they're infringements.  

1.  Suppose the spell Magic Missile is never released
in the SRD.  Is it an infringement if someone's OGL
product contains...

  a.  A full spell description of a spell called Magic
Missile, wherein the text is completely different from
that in the PHB, but the spell works the same and the
numeric values [range, targets, etc.] are the same?

  b.  A full description of a spell called Magic
Missile, wherein the text is completely different, the
numeric values are somewhat different, but the spell
works the same?

  c.  Magic Missile in an NPC's spell list, with no
explanation given?

  d.  A new spell called Mana Arrow whose text
description is completely different from Magic
Missile's but which works the same as Magic Missile
and has the same numeric values?

  e.  A new spell called Mana Arrow whose text
description is completely different from Magic
Missile's and has somewhat different numeric values
but which works the same as Magic Missile?

2.  Same scenario as #1, but outside the OGL.

3.  Suppose the whole magic system is not released
right away (or ever) for the SRD.  Is it an
infringement if someone's OGL product contains...

  a.  A totally new spell that uses the same parameter
names [area of effect, duration, etc.] as the PHB and
in the same order?

  b.  A totally new spell that uses the same parameter
names as the PHB but in a different order?

  c.  A totally new spell that uses some of the same
parameter names as the PHB?

  d.  A text description of how spells are cast, how
characters acquire spells, how spells are learned, and
which characters can cast spells in this game?

  e.  A list of spells that is 75% similar to the list
of spells in the PHB, with those of prominent NPCs
being excluded?

  f.  A list of spells that is 25% similar to the list
of spells in the PHB, with those of prominent NPCs
being excluded?

  g.  Magic Missile in an NPC's spell list, with no
explanation given?  

4.  Same scenario as #3, but outside the OGL.

5.  Same type of questions as 1-4, but regarding feats
instead of spells.

6.  Same type of questions as 1-4, but with character
classes.  

7.  Same as 1-4, but with magical items.


Neal

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