Ok... let's see if we're all on the same page. * There is no question that it is impossible to make wholly closed software based on OGC. You can get a seperate agreement to use the same IP, but then it's not OGC, it's licensed IP.
* There is also very little question that a "100% OGC" program can be made. As long as you've got a right to the parts of the program that aren't pre-existing OGC, the OGL won't say "you can't use it for software." You can distribute a compiled, "closed-source" binary even--but it has to be marked OGC, has to display the OGL, and the only think making it "closed source" is the fact that you haven't distributed the source. If someone gets the source, it's OGC (and should be marked as such) and they can do what they want with it. * WotC is saying nothing about this, neither giving permission nor denying the possibility. Given the above three statements as true, there is a lot that can be done to make OGL'd software (and specifically, SRD-based software that could wear the d20 logo if not for the "no software" provision of the D20STL). The keys to this are in the license, and it can even be some commercially feasable prodcuts, too. As I see it, here are the options for a software producer who wants to make a "d20 program." (Before I go on, I want to point out two things. Firstly, I am not a lawyer--if you follow through on this, you're doing so on the word of a college drop-out who got married at the age of 18 and still, in the bottom of his heart, believes that the lottery is a worthwhile pursuit. If you do this, it'd be best to check with a lawyer first. Secondly, remember that the D20STL specifically bars the use of the trademarks it covers in software. If you want to try and use them, you probably risk the ire of WotC's appointed legal team at Hasbro for very little benefit.) Ok, the ideas: #1: Make Open-Source software. If the OGL is open-source, you might as well give in and convert wholesale. This idea works best for applications and tools--like a VB die-roller, or a combat manager, or any number of a dozen other things that are basically just the SRD put to software. #2: Make an OGL'd game-engine, and have it load "files" of non-OGC. To use a software parallel, Id Software released the Quake engine under the GPL--but not the .wad files that really are the quake game. Sure, it's all out of date--but it's a worthwhile paradigm. Heck, I'd wager there are quite a few possibilites to use Quake to make something really nifty for D&D gamers, and I'm not even talking about a FPS game, either. #3: Use Product Identity to make money. I'm actually surprised that no one has suggested this so far. PI exists to have profitable parts of an RPG marked so that they never become OGC, no matter where they go. Make a storyline, some characters, and have an RPG that follows the d20 rules without paying for the D&D license. Have a blast. Sure, someone else can come along and copy your game--but just like in RPGs, there's a lot more to making a good PC game than stealing someone else's game and fudging it. There are any number of possible courses of action that could be taken--and if you keep to the OGL & write all of your own code, you'll just be in the same boat as the for-print publishers. If your licensors think you've gone too far, you'll have to back out or fight in court. Have a contingency plan for losing the license--and have a blast. With the right foreplanning, the worst thing that can happen is you being forced to release the whole thing as OGC--and it's still possible to make money doing that. Oh, and please remember--a reasonable man doesn't take legal advice from a punk kid on the 'net. Either get a lawyer and throw money at him, or proceed as carefully as you can and at your own risk. DM _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://www.opengamingfoundation.org/mailman/listinfo/ogf-l
