First, sorry for the possible HTML message, I'm accessing my exchange mail via a web 
portal and have no way of specifying ASCII only.
 
>> In fact, here is the relevant part of the 
>> license material in the back, along with 
>> what Robert calls the "idiot's guide". We came 
>> up with a very unique way to do the Section 15 
>> designation so that we made sure to credit every 
>> author in the appropriate way. We came up
>> with the approach after much discussion on this 
>> list, actually. So thanks to everyone for all the 
>> scholarly discussion on the topic. Here it is:

First, let me say that I think this was a very cool way of crediting the individual 
authors of your critters.

The interesting part:
>> [Insert the name of monster used — incorporated 
>> here by this reference — in place of this bracketed 
>> text, with each monster used requiring a separate 
>> entry in Section 15] from the Tome of Horrors, 
>> Copyright 2002, Necromancer Games, Inc.; [see 
>> the individual monster entry or entries for 
>> additional Section 15 information and insert that 
>> information here — incorporated here by this 
>> reference — in place of this bracketed text
>> when reusing].

So my non-scholarly/lawyerly{??} opinion on this is that it is "ok" to specify 
information for the Section 15 "by reference" -- ie, place the "title, date, & 
copyright holder's name" (as required by Section 6 of the OGL) in a place other then 
in the aactual Section 15, and then specify that it is "included by reference."  I 
assume this is a common, and accepted legal practice -- to place items in another 
location, and include them 'By Reference'

Furthermore, I assume that the general legal definition of 'By Reference' is what 
prevents me, or any 3rd party publisher, from copying your Section "EXACTLY" (as the 
OGL states) w/o following your directions and enumerating the individual credit 
sections.




OK, now for my questions...

Q. 1:
Is there anything preventing me from contrusting your Section 15 as you have 
specified, and then breaking it apart and placing the Section 15 information for each 
monster on the page with the monster description in my product and then using a 
"included by reference" clause & directions similar to yours to keep the actuall 
Section 15 small & compact?  

 

Q.2:
>> Using Multiple Monsters
>> You would need to make four entries 

The four example entries are:

“Dark Creeper from the Tome of Horrors, Copyright
2002, Necromancer Games, Inc.; Author Scott Greene,
based on original material by Rik Shepard.

Pech from the Tome of Horrors, Copyright 2002,
Necromancer Games, Inc.; Author Scott Greene, based on
original material by Gary Gygax.

Mobat from the Tome of Horrors, Copyright 2002,
Necromancer Games, Inc.; Author Scott Greene and Clark
Peterson, based on original material by Gary Gygax.

Shadow Demon from the Tome of Horrors, Copyright 2002,
Necromancer Games, Inc.; Author Scott Greene, based on
original material by Neville White.”

Since it is has essentially become common practice, when enumerating Section 15s to 
not "duplicate" exact Section 15 entries -- for example, when using material from two 
different d20 products you would not list the SRD twice, but only once.  And if bboth 
those works referenced yet a third product (with identical copyright statements) in 
their section 15s, you would only include one copy in your new Section 15.

Given that precedence, would it be following the Legal requirements of the OGL to do 
the following to your 4 monster example:

“Dark Creeper, Pech, Mobat, Shadow Demon 
from the Tome of Horrors, Copyright 2002, 
Necromancer Games, Inc.; Authors Scott Greene 
and Clark Peterson based on original material by 
Rik Shepard, Gary Gygax, and Neville White."

--
Michael Cortez

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