On Sat, 6 Oct 2001, Richard Stewart wrote:

> Ok let me clarify...
>
> The OGL is simply, an Open Game License that allows ANY mechanic to be
> included...and used in open environment when released under said license.
> Sanguine Productions Ltd. could, as an example, release all or some its
> Polyhedral System if we so wished to the OGL and make all our books OGC or
> at least the mechanics of the book open.  Something I personally support.
>
> That is FACT.  I do not think we disagreeing about this and I am sorry if
> more use of terminology has clouded this issue.
>
> What we are disagreeing about is what has manifested and that is a WIDE
> range of products based on the SRD.  They are almost ALL derivatives of the
> SRD whether they actually include the material contained within it.  The
> same could be true for anything D20.

So?  What's your point?  So far most of the peope who have used the OGL
have published material based upon the SRD?  If that's your point, it has
no relevance to whether or not the OGL can be used for other things.  And
practically by definition anything published under the D20STL is going to
be based on the SRD (or face angry customers).

> My point on mechanics is one that a lot seem to share (though maybe not so
> many on this list).  While there have been a FEW token exceptions to what
> has been released and the LACK of relationship to the SRD and/or D20 (which
> falls back on the OGL anyways) a majority use the SRD and D20 compatible
> mechanics.  People just assume that OGL means this...and it simply does NOT.

Well, these people are then doing what most people do when they assume
aren't they.  But I'd be surprised if most purchasers are even aware of
the OGL.  I'd be willing to bet they are more cognizant of the D20 logo
and what that means.  That's also one of the reasons for there NOT being
a logo that simply means "published under the OGL" -- such a logo has
little to no meaning.  A book can be published under the OGL, a painting
can be published under the OGL, anything that can be copyrighted can be
published under the OGL.  But nothing says that everything released as
open content needs to be able to work with everything else that has been
released as open content.

But your argument seems to be saying that since almost everything released
under the OGL so far is SRD related, that somehow makes the OGL itself
flawed.  Why?  It's certainly not Wizards fault that no other publisher
has decided to release open content under the OGL.  Nor is it the fault of
the current publishers of OGL material that their interest are in
following the D20 line (that's where the money is after-all).  So if
anyone's at fault (and I don't think anyone is), it's the game designers
who are refusing to release their mechanics as open content.

And at this point, your argument becomes circular.  Everyone associates
the OGL with D20/SRD, therefore people who aren't doing D20/SRD won't use
the OGL.  But if people not doing D20/SRD don't use the OGL, there's no
way for the OGL not to be associated with D20/SRD.  But once again, that's
not a problem with the license in any way; it's a problem with the people
who don't understand the license.

If every publisher decides to write their own version of an open license,
that's fine.  It's also going to mean more work & money for those
publishers.  And it will limit the growth of openness because of the
difficulty (if not impossibility) of using the "open" material from
various licenses together.

So far the major criticism of the OGL has been the limits it imposes on
mentioning/referring to other people's property (trademark usage, product
identity and the like).  But there's already another license out there if
that's your problem with the license - the October OGL.  And I really
don't think any of the major companies are going to have this problem with
the OGL, in fact they'll probably like this feature.

As for what GRG is proposing, it's really hard to tell at this point what
their end goal is.  If what they want to do is simply release an open game
system, clearly they should look at the OGL and see if it meets all their
needs.  If it does they could still easily have the three different types
of trademark licenses that they are currently proposing - in the same way
that Wizards has made the D20STL.  If they don't want/need the IP
protection of the OGL, they should also look at the OOGL.  And if they
want more IP protection than the OGL, then they'd need to draft their own.
Realizing of course that some people already consider the OGL to provide
too much protection and adding more could mean people don't consider your
license truly an "open" one.

alec
(the guy with a law degree who isn't an attorney)


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