> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED]] On Behalf Of 
> Matthew Sprange
> Sent: Monday, January 27, 2003 10:29 PM
> To: [EMAIL PROTECTED]
> Subject: Re: [Ogf-l] Re: The Punch Bag has joined!
> 
> > somewhat unclear -- it seems to me that the only way anyone would
know what
> > you consider to be OGC or not would be to contact you directly.
> 
> Which you are more than welcome to do.

Forgive my bluntness, but then why don't you revise your OGC declaration
to what it REALLY is:

"DECLARATION OF OGC: Write us and ask, and we'll tell you whether it's
OGC."

What I like about the OGL is three-fold:

1. It strives very much to resolve ambiguity on rights to create
derivative works, without having to resolve thorny issues in copyright
law.

2. It strives very much to allow authors of derivative works to know
what they may reuse without requiring complex negotiations and even
legal proceedings.

3. It strives very much to compel authors to share the wealth: to allow
reuse of any work based on work they reused.

Your new form of declaration undermines these goals. Not 3, because you
acknowledge the right of people to reuse your content that is derived
from OGC. But it undermines 2, because your OGC is not clearly
identified. If two different authors have two different views of what is
"derivative", they will come away with two different ideas of what they
may reuse from your work. And so it undermines 1, because we're back to
the problem with copyright law: the definition of a derived work is not
precise. A statement "This spell is OGC" is precise. And while you say
"Just ask", and while such a request is good practice and good courtesy,
it's by no means required. (Quick show of hands: how many of you
publishers have contacted Wizards to ask approval to reuse the SRDs?
Let's see, I count... Zero, I think.)

So now people may just take an expansive view of what's derivative,
reuse material when you do not approve, and get into license violation.
If they believe they're justified, a court battle ensues, and everybody
loses. Goodbye, safe harbor.

Or people may take a very conservative view, and not reuse anything from
Mongoose products for fear that you'll take a narrower view of
"derivative" than they do. Again, goodbye, safe harbor. While you may be
serving your customers -- gamers, not game designers -- and there's
nothing wring with that, your products will become OGC dead ends. No
knowledgeable designer will want to reuse your work. The effects will
be: you'll lose some cross-promotional benefits (possibly small); and
designers will see you in a less than flattering light. Again, neither
affects your appeal to gamers, I realize that.

Now coming onto this list and saying "Just ask us" is a nice way of
correcting this misstep now; but it's less effective than correcting it
in the books themselves. I hope that you'll reconsider your method of
OGC declaration in future books.

Martin L. Shoemaker

Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com

_______________________________________________
Ogf-l mailing list
[EMAIL PROTECTED]
http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

Reply via email to