In a message dated 10/5/01 10:39:28 AM Pacific Daylight Time, [EMAIL PROTECTED] writes:
<< Here's how the trap works. I send you Gobstopper, the RPG. You review it, and conclude that I've not done anything wrong. >> Understood. One part of the equation that you *might* not be considering is that as part of the approvals process that you would also have to submit a copy of the Gobstopper license to us. Does that change the scenario for you? << I print Gobstopper, the RPG, using your logo. I have done something wrong. The owners of the Gobstopper property decide to litigate. First, they sue me. Then, they sue you. They make the argument that by reviewing the material prior to publication, and explicitly agreeing to allow the use of your trademark on that product, you have become a de facto party to the license between me and Gobstopper, Inc.>> Understood. Know, too, that we won't be releasing a final license until it is well reviewed by the legal folk. And if, as you suggest, a proposed license puts GRG in a position of undesired liability, it won't be released. << This is the reason WotC refuses to do prior review on d20 products. WotC structured the d20 STL in such a way that breaches can be cured >after< publication, and at any time after publication. I suggest that before you go forward, you consult with an attorney with extesive experience in the IP licensing field. There are minefields here, and you walk without guidance at your peril.>> <LOL> I gotcha, Ryan. We certainly have no intent of walking the minefield and merely hoping for the best. I do appreciate your comments and certainly these will be issues that our lawyer will be visiting. << Another thing you might want to consider is that most IP licenses do not permit the licensor to share them with any 3rd party. I could not, for example, show you the Star Wars license for the RPG. It's a confidential deal between WotC and Lucasfilm, Ltd. Lucas doesn't want it shared because they lose leverage in future negotiations with 3rd parties if word gets out what the royalty rate, guarantee, term, etc. are in the license. >> This is a very valid point and deserves consideration, as well. Out of curiosity, if GRG wanted to "borrow" *some* of the wording of WotC's OGL and D20 System licenses, do you thingk they'd be amenable to that? I'm not suggesting that we would use the same licenses. We would not. But some parts of it might be worth emulating. Just a thought. Mark Arsenault President, Gold Rush Entertainment, Inc. | http://www.goldrushg.com Executive Director, The Game Publishers Assoc. | http://www.thegpa.org ----------------------------------------------------------------------- 20% off all design & publishing packages! http://www.goldenpillarpublishing.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://www.opengamingfoundation.org/mailman/listinfo/ogf-l
