> Todd Landrum > > Sorry if this is a rehashed question (the archive only has Jan?) > and not to > open the software/OGL can of worms again, but what constitues a derivative > work?
This is often hard to classify. This is mostly the fault of the courts and those pesky technocrats who keep inventing new stuff faster than we can make laws for them. > My program provides a form where, for example, spells can be > entered. It has > titles like "Target/Area of Effect" which would be from the SRD but, for > purposes of this discussion, there is no data there - just labels/words. > Just by using those words it is derivative? Maybe. There is something called an "extrinsic test" which allows one to consider a great deal of information when determining if something is derivative such as theme, plot, sequence, settings, mood, place, dialogues and characters. One could probably argue that a number of "stat block" elements taken as a whole constituted a derivative work even in a case where the individual elements would not by themselves be considered derivative. This is definitely a gray area, and should not be dismissed lightly. Normally the OGL would handle this gray area by granting specific license to create the derivative work if the result is also released under the OGL. Unfortunately nobody has come up with a way to parse out the derivative elements and identify them in such a way that it would pass a "reasonable person" test. One could get around this by simply identifying the entire file as OGC, and placing all PI in separate files (like story elements, bitmap, WAV, and AVI files). The danger here is that traditional technologies like C/C++ compilers incorporate elements that developers may or may not have the right to contribute as OGC (such as linker code, elements of the C Standard Library or elements to the Microsoft Foundation Classes). Other technologies such as Visual Basic and Java create an intermediate file for distribution, and rely on a runtime engine for execution on the end-user's platform. These newer techniques give hope to making a cleaner distinction between the OGC file (the EXE, JAR, or CLASS file) and the elements that you do not have the right to use (the VB Runtime Environment or the Java Virtual Machine). The new Microsoft .NET architecture is also base on this p-code and late-binding technology, and may alleviate some of the issues for C# developers. If you want to write software and release it using the OGL, you should probably start by getting a copy of license agreement from your compiler/development tool vendor and a copy of the OGL and present them to a knowledgeable IP attorney. Ask them if the software distribution license grants you the "authority to contribute" the entire file as OGC, as that term is defined under the OGL. If the answer is yes you are home free. If the answer is no you still might be able to use the OGL, but it will be harder. You will have to determine whether or not any materials you do not have the right to make OGC have been included in the file you intend to release as OGC. Again, if you can be sure that you have the right to contribute the whole file you are all set. If not, you probably will have a difficult time using the OGL. There is a firm that specializes in high-tech IP law. Their web site is http://www.brownraysman.com/. They have been heavily involved in "computer law" since 1984, and their Law Developments section seems to indicate that they are savvy to the needs of high-tech companies. Some of their on-line papers are very enlightening. I doubt they come cheap. > It seems analagous to a character sheet. Is a character sheet derivative? Yes, it certainly can be. -Brad PS- I plan on following my own advice as soon as I find the time to breathe again (hopefully within the next six months). It won't be free to me, but I'll still be happy to release my findings to the group as my apology for having put up with all my long-winded, anal-retentive, self-aggrandizing and occasionally wrong dissertations about copyright law. _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
