Interesting...lets explore...
--- Lizard <[EMAIL PROTECTED]> wrote:
> Scott Metzger wrote:
>
> >Two questions about publishing under OGL.
> >
> >1) If you use any material from the SRD and you do
> not specify that
> >your product is d20 or OGL and you have not
> included the OGL license,
> >is your product an OGL product?
> >
> No, and it's likely a copyright violation.
I disagree in part. The license is accepted on USE. If
you use the content, you accept the license. I would
say that there is a strong argument that you both
accepted the license AND are in violation of it. Of
course, the violator would actually prefer this to it
being straight copyright violation, which could also
be claimed.
> >2) The second ANYONE uses and OGC content, they
> have accepted the
> >conditions of the OGL. Is that true, even if they
> don't say the
> >product is OGL and they do not include the OGL
> license?
> >
> No, they haven't accepted the conditions of the OGL;
> they may, however,
> be violating copyright laws.
This is sort of the same issue. I would again say that
the USE is acceptance. Those are the terms of the
license.
This raises the question of unintentional use. For
example, lets say Jack Chick ("JC") sees the error of
HIS ways and decides to make a D&D compatible
roleplaying game called "Dark Dungeons".
Lets also say he has never seen the OGL or the SRD but
that his product is a direct rip off of D&D--literally
a word for word copy.
There are two ways to look at this:
1. This is a blatant copyright violation and probably
raises trademark problems too.
2. This is an OGL violation. It could be argued that
he USED the OGC, but did it wrong--he used stuff that
was not in the SRD in addition to OGC. By using the
content he is bound by the license.
WotC would most likely raise both issues when they
sued Jack Chick.
Chick would most likely claim #2 even if it isnt true
since the penalty is less than #1. That is just common
sense. For example, lets say you are a kid and you get
caught taking a cookie. Lets also say that you know
that if you tell your mom that you just took the
cookie and didnt care she would spank your behind. But
if you tell her you thought you had permission to take
the cookie but you were wrong about that that she
would just send you to your room. What are you going
to tell your mom? You are going to tell her, "oh gee
sorry mom, I thought you said I could take a cookie."
Same thing with the unintentional use of OGC. If you
violate copyright, you get a spank on the butt. If you
say, "gee I thought I was using the OGL right" you get
sent to your room. Most violators, even if they really
had no clue about the OGL, will claim that they were
to avoid the spank on the butt.
Clark
=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"
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