--- Tir Gwaith <[EMAIL PROTECTED]> wrote:
> For example, if I created a new Telepathic ability tree, and defined
> all sorts of new stuff for it (no recycling), and what it could do
> etc, and then used XP cost for the balancing, I would at least have
> to open up the XP cost, since XP is OGC.  I could close off the rest,
> so long as I didn't refer to any other OGC in it.  Oathbound's
> Prestige Races are a good example.  As I understand it, he didn't
> have to open up any of it but references to different
> spells/abilities and the XP cost associated with each.  The fact that
> he opened it up is a boon to the OGL community, however, and will get
> his product listed in many more products than if he hadn't.
> 
> Now, if I'm wrong there, someone clue me in.

I think you are technically correct but in practice you will have to
open up your work. Using your example, the Telepathy abilities that you
write cannot affect any character or monster: not his ability scores,
condition state, hit points, etc. You cannot use Will saves to avoid
the effects of these abilities. Once you do affect one of these things,
you become derivative of the existing OGC. So what good is your
Telepathy tree if it doesn't do anything to my opponents (or allies)?

> That's about as clear as my lawyer described it.  He didn't have any
> examples to use, though, since he's not a RPG fan.  I'd rather find
> out in a friendly manner than go to court over a misinterpretation
> from counsel.

Note that I don't disagree with your lawyer, I only believe that his
lack of RPG experience prevents him from dropping the other shoe. Yes,
you can create mechanics outside the existing body of OGC, include them
in your work and not make them OGC. But if they interact with existing
OGC, they become derivative of it. Once you give it a level, a skill
check, a saving throw, a hp cost, an XP cost, etc, you are derivative
and have to open it up again.

IANAL. TINLA.

Joe Mucchiello
Throwing Dice Games
http://www.throwingdice.com

P.S. All of my stuff has been 100% OGC so far. I don't really see that
changing anytime soon.

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