Brad Thompson wrote:

> If the question ever deals with experience points or giving the character
> bonuses similar to those granted by level advancement, the answer is always
> "maybe".  If WotC thinks it OUGHT to be a violation, then their lawyers will
> simply change the license so that it is.
> 
> Trying to find loopholes in a license that can plug them at will is an
> exercise in futility.
> 


If your intent is breaching the license, yes.[1] That's a stupid waste 
of everyone's time, effort, and resources, as well as a breach of the 
not-inconsiderable 'good faith' WOTC has extended, many times, to the 
D20 community. (I've seen plenty of published products with pretty 
extreme license breaches. None of them have been ordered pulled off the 
market. Contrary to early paranoia, WOTC has been going far beyond the 
letter of the license in terms of trying to settle things with 
publishers -- or at least, that's how it looks from here. I'm not privy 
to inside info.)

If your intent is to do something which is interesting, but which you do 
not wish to breach the license, no.

IOW, during the early days of D20, a lot of companies hewed very close 
to core D&D mechanics, even when not required by the license. This made 
some of the early products clunkier than they needed to be. Knowing that 
you can, say, add 'action dice', or use 'departments' instead of 
'races', or use an alternate hit point system, and not be in danger of 
hitting the walls of the STL, is a good thing.

[1]Sort of like the folks who think you can avoid paying your income tax 
if you don't use the ZIP code, or the like. Even if such loopholes DID 
exist, Congress could fix them in thiry seconds, then pass another law 
to make all the old laws retroactively valid. Then add a Constitutional 
Amendment to prevent the Supreme Court from mucking in it. But I digress.

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