> "well, you cannot (re)use it. i'm waiting proof that > you cannot reference, within the same constraints that > copyright have always imposed." > > Woodelf- > > I have a rather technical legal reason why you cant > just refer to it. > > I agree that the primary restriction in the licenses > is trademark and PI. So on the surface it seems > reference to non-PI'd and non-trademarked material > should simply fall within standard copyright law. > > I presume this is your position. > > The problem is in the OGL. > > Premise 1: If WotC creates a feat it is not OGC. They > can create 3E material WITHOUT the use of the OGL. > > Premise 2: If you create a feat it is defacto > Derivative and thus must fall under the OGL. >
... > OK, here we go... > > If you refer to a feat from, say, Tome and Blood, you > will agree with me that: > > 1. Such material is not currently OGC. > 2. If YOU refer to it (rather than WotC), because it > is derivative of the SRD it is covered by the OGL > 3. You do not have the right to contribute that > material as OGC, since it is copyright WotC, not you. > > This is a very technical issue. Reasonable minds might > differ on the interpretation of this. > > That is why I believe reference to copyrighted > material is problematic. > > Clark > > ===== > http://www.necromancergames.com > "3rd Edition Rules, 1st Edition Feel" > Technically, step 2 is false. I take it that it's a necessary condition for X to be derivative of Y that Y be in the causal chain leading to X. The feat name when I use it isn't derivative of the SRD because it's from Tome and Blood and isn't even in the SRD; I take it that it's also not derivative of the SRD when WotC uses it since the SRD likely came out after all the internal material they use to develop their products. Also remember I'm not using the mechanics here, I'm just referring to the feat's name. Step 3 is only true if I include the feat name in OGC; I could have separate boxes for non-open content and make all such references there. Mechanically this might work out like this: <boxed OGC> Description of a feat along with stats <end boxed OGC> <boxed non-OGC> Some additional information about the feat including pointing out that one must know Greater Spell Focus in order to learn the feat. <end boxed non-OGC> I wouldn't bother personally; the splat-books aren't so good that one needs them for anything. But I love debating this stuff (my day job is/was philosophy). Steven Palmer Peterson www.Second-World-Simulations.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
