Brad Thompson wrote:

>Does anyone have standing to sue Hasbro/WotC if they take your SRD-based
>derivative work and publish it as their own (perhaps in a d20 issue of
>Dragon).  Is the fact that the work was authorized enough, or can they step
>outside the license because they own everything anyway?
>
AFAIK, the law won't force you to distribute an unauthorized derivitive 
work that you never intended to distrubte in the first place.  For 
example, I can write a star trek script to see if I can, and if 
Paramount cannot break into my house and take it.  If they do, or if 
they simply steal it when I send it in for review, I can sue them.

I think the OGL would be much the same relationship.  Everyone who isn't 
WotC is making open game content that, by WotC's own logic, increases 
the value of WotC's roleplaying game.  I believe that this is in many 
ways analogous to a freelance employment contract--we as OGC producers 
"pay" by releasing OGC and following the OGL, and the authorization is 
what we get in return.

Then again, I'm not a lawyer.  But if The Craft of the Mind showed up 
one day in DRAGON with no OGL and no contact from me, I'd go find a 
lawyer to talk to real quick.  :)  I wager everyone else here would do 
much the same thing.

>Is this the part that makes IP lawyers nervous about copyleft-type licenses?
>
Sounds like it.  Another part is probably just the fact that copyleft is 
so new--it hasn't been directly tested by a court, and so it's as open a 
legal question as "does a martian have rights?"


DM

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