From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of William Olander
Sent: Friday, November 02, 2001 1:11 PM
To: '[EMAIL PROTECTED]'
Subject: RE: [Ogf-l] Misperception of OGL Copyright


<< Soooooo...

Essentially, the D20 magazine thing has absolutely NO Open Content in it
then?

I must say, if that's the case then I'm really very dissapointed. I'd be
cranky if I wasn't riding the high of Open Psionic products coming down the
pipeline. >>

My condolences and sympathies on your disappointment; but really, this is
ENTIRELY consistent with everything we have seen from Wizards. Once again,
we see that D20 has NOTHING to do with "open". D20 was designed to mean
"uses the same core rules as D&D 3E" and nothing more.

Then we add into the mix the D20 STL, a general license which allows third
party use of the D20 logo in the absence of any other more specific license.
As has been pointed out in another thread, that does not actually require
that a third party using the logo will produce a work that uses the same
core rules as D&D 3E. The hope is that market forces will prune out works
that, while using the logo, veer so far from the core rules as to be
unrecognizable. (I suspect this will work as long as the number of outliers
is small; but I fear that if a large number of outlier products appeared in
a short length of time, the market might get disillusioned, and the value of
the D20 mark would be diminished.) And simultaneously, the hope is that this
opportunity will encourage rules experimentation in an open marketplace
where novel ideas get a chance for feedback from a wide audience (and rapid
adoption by that audience if the feedback is favorable).

But what the D20 logo DOES require is a minimum percentage of OGC (and a few
other things, of course). That requires the OGL, of course. And the OGL also
enables the SRD, which is the other side of the equation: along with the
OGL, it provides a legally unassailable means for a third party to use the
same core rules as D&D 3E without benefit of any other license from Wizards.
In other words, as long as you comply with the license PROVIDED BY WIZARDS,
Wizards and Hasbro and anyone else in the ownership chain for D&D cannot
touch you (without getting a court to rule the contract invalid in some
way); and simultaneously, Wizards has set up the structure in such a way
that correctly complying with the license makes it practically impossible
for you to endanger their trademarks, so there's little reason for them to
WANT to touch you. The bad old days of the Dillies (is that the right name?)
and all the other folks who gave TSR such a reputation as vicious litigants
can be held at bay simply by sticking within a fairly generous license. (In
fact, I sometimes wonder if Ryan hasn't pulled a fast one on Wizards,
effectively getting them to disarm themselves so that future owners cannot
possibly act as stupidly as did past owners. Ryan, as the old joke goes: "Me
'at's off to the Duke!")

But that's all about how Wizards lets us play in their D20 sandbox. D20
magazine is about the sandbox itself. And I think the magazine makes clear
that in their minds (and, I continue to believe, in the minds of the vast
majority of the market), the sandbox means "uses the same core rules as D&D
3E". Except for a small crowd that cares, openness is a footnote at best. If
anything, the issue in question makes an effort to make more players aware
of what openness is all about, likely enlarging that small crowd. To me,
that's cause for thanks, not disappointment.

Sorry if this is rambling, redundant, or a bit irate. I'm overworked and
tired. But I just feel like D20 magazine has a lot to offer me as a DM and
as a player, and Open Gaming has a lot to offer me as a wannabe game
designer. It seems like I have more gaming riches before me than I can
recall in two decades, and I cannot understand people being disappointed
when all I am is awed.

Martin L. Shoemaker

Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com

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