> Scott Metzger > > Now, for Dragon Mag, Dungeon, and Kingdoms of Kalamar they can say > they are using information directly out of the PHB etc. and are not > using the Open Game Content. Thus they are not accepting the terms of > the license.
Correct. The OGL is irrelevant to them, and they do not publish OGC. > So, if you use the SRD but do not include a copy of the OGL than you > have accepted the terms of the OGL but are not in compliance with it. Failure to follow ALL of the terms is either a breach of license or a copyright violation, depending on which way the WotC lawyers see the most advantage. I think it is possible to make an argument that PCGen never attempted to follow the other terms of the license, and as such never had any intention of accepting the OGL regardless of their claims to the contrary. Therefore their use of material from the SRD would simply be a copyright violation. This could be very interesting to WotC/Hasbro because the violation could easily be extended to cover the entire PCGen program as a derivative work of WotC-owned material. Then, following the precedent of Anderson v. Stallone, neither party would be able to use the software without the permission of the other. Given WotC's new eTools product, if I were in the PCGen group I'd be busting my butt to be irrefutably compliant with the OGL. Given what I have seen of the project, I'm not sure that's possible. What I am sure of is that saying they have accepted the OGL is tantamount to putting a 30-day timer on the life of their project (because there is no way PCGen is even close to OGL compliant right now), with WotC's hand hovering over the kill switch. It eTools does poorly, I won't be surprised if they use it. -Brad _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
