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Without violating
the license or creating a new class system (like Everquest did), what
would you all suggest I do. Is it legal to list a character's level as
thirty, then make a note that this work doesn't' contain information on
character's above twentieth level?
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It depends. You do not HAVE to use the d20 license or the Open Gaming License. It depends what you include. The creative material added by WotC couldn't then be touched, but pure mechanics, particularly a reference to a class and a level would probably be considered de minimis usage -- except, that you'd want to steer clear of class names that are particularly distinctive:
Fighter 20
Does not look, to me, like something that can receive copyright protection.
Be forewarned that down this path are sharks swimming in a pool. If you cross the line between D&D rules (which haven't been patented) and D&D creative artistry (which is due copyright protections) you could be in danger of a lawsuit that could actually stick. So, either know something about the law yourself or consult a lawyer if you try to build a compatible "for use with" product outside the d20 license or the OGL.
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A new question. I one of those documents (I think it was the d20 guide,>
it seems to say you can reference the PH, the DMG, the MM or Psionics
Handbook. In the FAQ's it says you can't. Is one of these out of date,
or am I misreading again?
>
I've recommended keeping a centralized database repository of d20 products, and then referring to them (for credit only) by ISBN number, etc. That's more useful for credits than for inline reference.
And here again, this would be something that you'd be more likely to get away with in a "for use with" product. You'd have to be careful not to step on people's trademarks, but if bibliographies, references, and footnotes were illegal, then a lot of non-fiction authors would be out of a job. However, if you use the OGL then you can (and DO) give away some of these rights that you might otherwise have in a "for use with" product.
So hang in there, and know that there are options, but make sure an intellectual properties lawyer looks over your work if you want to make use of other people's trademarks as a reference of compatibility outside the OGL. As a general rule, so long as such compatibility usage designations involve only textual use of another's trademark occurs, and so long as appropriate disclaimers are attached, then you do have options. Without the right, very clear disclaimers, it could be construed that you are trying to use the other people's trademarks to drive sales of your product which can get you in really hot water outside of a licensing agreement.
But to be clear, in an unlicensed "for use with" product you'd lose the ability to use things that you'd have access to under the OGL -- some things about D&D are worthy of copyright protection, and you wouldn't have access to those without the OGL or the d20 license.
IANAL -- YMMV
Lee Valentine
