On Wed, 21 Aug 2002, Scott Metzger wrote:

> That is what I thought, however, Mynex from the PCGen development team
> is saying this:
> "So here's the deal and this comes from _WotC_ lawyers, so make no
> mistake this is the situation.
>
> Since PCGen's inception, since the very 1st data files were included, we
> were OGL compliant. How so? The second ANYONE uses and OGC content,
> they have accepted the conditions of the OGL."

Have absolutely no idea what they are trying to say here, since they
directly contradict themselves.  One of the requirements of the OGL is
that you include the OGL with the product -- it is impossible to be OGL
compliant without including the license.  So I seriously doubt this is an
accurate interpretation of what WotC's lawyers (all two of them) said to
PCGen.  If someone were to essentially follow the rules of the OGL and not
include the OGL itself, they are either in violation of the OGL or are a
copyright violation.

In order to use copyrighted material of WotC (such as the SRD) any other
party must have permission from WotC.  [Fair use exceptions noted, but
pretty much irrelevant.] The OGL is one way to obtain such permission for
certain material, the SRD, but there are others.  The OGL only applies to
those who use the copyright material under that license - anyone (such as
Dragon, Dungeon, Kingdoms of Kalamar) with separate agreement doesn't care
about the requirements of the OGL at all because that license doesn't
apply to them.  However, such third parties also aren't creating any OGC
which others can use since they aren't publishing under the OGL.

alec
(the guy with a law degree who isn't an attorney)

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