On Tue, 3 Sep 2002, Damian wrote:

> On Tuesday 03 September 2002 07:38 pm, Justin Bacon wrote:
> > But on pg. 286 of the rulebook, that content -- as it appears in SPYCRAFT
> > -- is designated as OGC. It is not closed. It is not designated as IP.
>
> It's not Open or Product Identity.  It's simply not governed by the OGL at
> all:
> "Vitality points, wounds, and other rules from the STAR WARS
> roleplaying game not covered by the Open Gaming License used with permission
> from Wizards of the Coast."
> Like it says, not covered by the OGL.  That material follows standard
> copyright rules.

It wasn't covered by the OGL prior to release in Spycraft, however once
Spycraft was published it quite obviously is now in an OGL product.  That
means the material must be one of three types - OGC, PI or normal
copyright.  Vitality point & wounds are part of the character statistics
that have been clearly designated as OGC.  There is no statement in the
book which makes them PI or which clearly keeps them out of the OGC.

The statement you refer to simply explains where the material comes from
and states that AEG has permission to use copyrighted material they
otherwise could not use.  And since permission can include permission to
make that material OGC, there really isn't a logical reason for a person
who purchases the Spycraft book to assume that isn't what AEG has done and
had permission to do.  So based on the Spycraft book, VP/WP is OGC.  Now
perhaps WotC would try to stop someone else from using it (and perhaps
they've already stopped AEG; I wasn't interested enough by Spycraft to buy
any of following products) but that person could then make the argument
that AEG designated VP/WP as OGC.  Even if they were unsuccessful against
WotC, they could then go after AEG if any damages result.  All around, as
it stands now the VP/WP system is clearly in a messy situation as to OGC.

As for Rob's point that perhaps just the VP/WP statistic is OGC and noth
the system itself, perhaps but I fail to see how this would be
significant for a third party producer.  I assume the reason some people
want to have VP/WP as OGC is so they can use it as a statistic not so they
can tinker with the actual mechanic.  If you want to tinker, you really
don't need it to be OGC as there are otherwise to go about it without
using the copyrighted material (see Brad Thompson's independently designed
system that is close to VP/WP).

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

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