> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED]] On Behalf Of 
> Clark Peterson
> Sent: Wednesday, August 21, 2002 7:25 PM
> To: [EMAIL PROTECTED]
> Subject: RE: [Ogf-l] Publishing under the OGL
> 
> Lets say I create content: the undead ooze. That is a
> thing I created. A conception. A creature. That--in
> its form--is intellectual property. I own that. I may
> release it as OGC. Now there are two things. There is
> the original undead ooze that I created and there is
> the version that I released as OGC. Releasing a
> version as OGC does not change the fact that as the
> creator I own the original iteration of the creature.
> So when WotC comes to me to license the monster, they
> license the original iteration, not the OGC version. 

But this is where I see Wizards as cleverly getting around the problem
-- or more accurately, clearly delineating the two different things in
such a way that there's clearly no problem at all. By releasing the
material in the PHB etc. and THEN in the SRD, it is clear that there's a
concept they own and an incarnation they open license. No one can
misunderstand this.

But now here's what I don't understand: is this distinction between
concept and incarnation always the case? Or is this a special case
because of how Wizards chose to release? More specifically, does the
concept have to have appeared in a non-open form first in order for me
to claim that there is the concept and then the incarnation? The PHB/SRD
division made sense to me that way: the PHB was non-open, and they had a
right to use it in any way they want; and then they chose to use it by
creating the derivative SRD, which they chose to open license (I refuse
to say "license openly": sometimes better grammar just sounds
pretentious).

Or assuming I have full, undisputed rights to the material in question,
is it always the case that I own the concept (sort of a Platonic ideal)
separate from owning any specific physical manifestation of that
concept? This seems contrary to the "ideas can't be copyrighted" school,
so I think I'm still confused somewhere.

Thanks for the education!

Martin L. Shoemaker

Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com

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