At 06:04 PM 1/26/2002 -0600, woodelf wrote:
>>If it is not in the SRD, it is not open content. If it is not open 
>>content (and you did not create it yourself, natch), you cannot reference it.
>
>well, you cannot (re)use it.  i'm waiting proof that you cannot reference, 
>within the same constraints that copyright have always imposed.

Whoever you quoted above actually meant: If it is not ... you cannot 
reference it unless you are willing to pay the consequences of a legal 
battle with WotC that would set a meaningful precedent.  Technically the 
only thing standing in your way is the threat of lawsuit. IANAL but as I 
understand it, copyright law is vague about game rules. While WotC has a 
copyright on the verbatim text of the PHB, they have no right to prevent 
you from using the ideas therein in your own works. Or maybe they do. The 
law is unclear.

What is clear is trademark usage: don't release a product referencing 
Dungeons and Dragons or making any references to Bigby's Clenching Fist 
because WotC wins those cases easily. Although you can say Dungeons and 
Dragons is a trademark of Wizards of the Coast used without their 
permission, that just acknowledges that if they say get rid of the 
reference you know they have the authority to tell you to.

Actually it would be kind of funny to see a game book with research style 
foot/endnotes

But as I said, IANAL and I am offering no advice on the subject. I'm sure 
Clark will chime in about this eventually.
   Joe

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