Please excuse me if this has been discussed in the lists before.  From
following the discussion over the last few days, it seems that there is a
collapse of the concept of patent and copyright.  A process may be
patentable, as in the case of Unisys patenting the GIF compression method.
A description of the GIF process may be copyrighted.  I believe (if memory
serves) that NASA at one time owned a patent on the concept of manned
orbital flight.  I can see where WotC might patent the process of a d20
system (if possible), or some other aspect of their PI content, and then
have much broader legal leverage for market control.  Patent right could
then be licensed and controlled. (On the other hand look at Microsoft, SUN,
and JAVA.)

Richard A. Schreiber
Razman Associates, Inc.

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Anthony Valterra
Sent: Monday, May 20, 2002 1:11 PM
To: [EMAIL PROTECTED]
Subject: RE: [Ogf-l] WOTC sez Body/Vigor point system is violation?

>>a)Taking the full text of the rules (let us say for Wounds/Vitality) and
doing, in essence, nothing more than a search&replace (Turn 'Wounds'
into 'Life Points' and Vitality into 'Stamina Points'), leaving the rest
of the descriptive text effectively 'as is'.<<

That is obviously no good.

>>b)Rewriting the rules, and the descriptive text, completely, but using
the same general mechanics?

That is okay - but probably tough to do. Most people are going to hit
somewhere in the center which is where the problems occurs. Espeacially if
you are dealing with a freelancer who tells you that he (or she) has not
lifted the rules but when you see it - it is obvious that there has been
lifting whole cloth. I'm sure most of these people start out thinking "I'm
going to completely redo the system" but after a while that paragraph or
that chart is just what I want to say anyway so I just grab it, maybe
rewrite one of the sentences or change one or two words and hope no one will
notice. Or maybe I have read the rules so many times that, like some
historians, I end up writing exactly the same thing. It is not for WotC to
judge (so please don't send us samples and ask "is this okay"). Publishers
have to make this call for themselves.
If someone approaches me and says, "look I have a problem. I have a book
that I want to publish but it uses your wounds/vitality system." I must
assume that the publisher has looked at the rules and judged them to be so
similar that it is obvious where they came from. At that point it is our
policy not to grant permission, as that content is not open for public use.
It is then the publishers decision to print or not. If the material is
problematic enough that they felt they needed to contact WotC then they may
have need to be concerned. If they have read the material and have
confidence that it really is redesigned from the ground up then they don't
need to contact us in any case.

Finally, a word of advice for getting what you want from the WotC business
team: We spend our days moving really fast doing way to many jobs. Bringing
us a fire is not likely to be welcomed (though we will try like heck to be
understanding). Coming to us with a nice long timeline makes us happy and
tends to lead to better results.

I hope that is clear.

Anthony Valterra
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