----- Original Message -----
From: "Clark Peterson" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Sunday, January 27, 2002 3:08 AM
Subject: Re: [Ogf-l] Refer?


> Steve wrote:
>
> "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"
>
> Youre missing my point, which is waht I was afraid of.
>
> Ofcourse Tome and Blood isnt in the SRD.
>
> WotC can create D&D material without the OGL.
>
> You cant.
>
> So if you reference a new feat--because you must be
> relying on the mechanics of the game as detailed in
> the SRD even if the feat itself is not in the SRD--it
> is derivative and thus covered by teh OGL. And since
> you dont have the right to contribute that material as
> it is copyright WotC in Tome and Blood you cant
> contribute it. Thus, you would be in violation of the
> license.
>
> Clark
>
> =====
> http://www.necromancergames.com
> "3rd Edition Rules, 1st Edition Feel"
>

Since the reference falls under section 5 of the OGL only if it's part of a
product's open game content the key issue here is whether or not the
reference counts as open content despite the fact that it was part of a
section not designated as open game content.

I believe your argument above goes like this:

1. If you reference X (in a work covered by the OGL) and X is the name of a
feat then you must be relying on the mechanics of the game as detailed in
the SRD.

2. If you rely on the mechanics of the game as detailed in the SRD for a
piece of content released in a work covered by the OGL then it is open game
content.

1 and 2 can't be true though because they entail that the name of any feat
that anyone produces in a work covered by the OGL must be open game content.
I take it this would go through for monster and spell names too. After all I
reference the name of a feat when I write that feat up and I certainly
reference the names of feats I make up when I include them in an NPC
description.

I'm not trying to make a straw man here, or put words in your mouth; I'm
just trying to clarify the debate.

Steven Palmer Peterson
www.Second-World-Simulations.com

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