I asked about this at the time, on that list, but the only real answer was one that didn't make much sense to me (sorry, Doug). I'd like to see if anyone here can take a stab at explaining this to me.
Chad Justice (on OGF-d20-l, a while back) quoted Ryan Dancey as saying: >Product Identity only applies to "enhancements of the prior art". So I >cannot make a legitimate PI claim to a feat name like "Jump" or "Run", or >even "Cleave", because those names aren't enhancements of the prior art >(in other words, the idea of a character ability named "cleave" is so >basic and simple that it's unprotectable). > >The more "story" a PI claim is, the more likely it is to be an enhancement >of the prior art. So a feat called "Legolas' Stab and Shoot" would be a >legitimate use of Product Identity. A feat called "Brew Potion" probably >can't be. Basically, I'm not sure how the definitions in the OGL lead to these statements. I have a couple of theories about what the line of reasoning is, but this is the first time I've encountered any conclusions like this. (I suppose it would also be nice if Mr. Valterra could weigh in on whether this is Mr. Dancey's opinion alone.) Is the thinking that things that aren't "enhancements of the prior art" cannot be "identifying marks" (from the definition) because they aren't particular to the product in which they appear? Perhaps that some of these words are derivative of the SRD, and so must be OGC? I think that Mr. Meerschaert's argument (and correct me if I'm wrong) was that these names wouldn't be protected by normal copyright, and so cannot be PI. However, reproducing spell or feat names verbatim probably would be copyright violation. Furthermore, the OGL contains specific terms which supercede "default" copyright and trademark, and I see no restriction in the definitions that the PI terms must be in any way unique or "special," just that you use them to refer to your stuff. Any opinions on this matter? Or will these remarks continue to tantalize me? :-) Sixten _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
