As I've said before, if you accept WotC as a faceless Monolith then sure, there is a big difference.

Now what if I was lisenced to use SOME of Pepsi's products? In my contract is says in somewhat confusing language "You may use Lays, KFC, Slice, and Pizza hut in any way you like. you may NOT use Pepsi or Mountain Dew however". I'm really good, the Shambling Lays bag is the hit of the gaming community. I do slip up with the Pepsi Golem and even though it was supposed to get renamed the Slice Golem.. it slipped through my editing.

To someone on the ouside, given my contract I could very well be a representative to the big monolithic corporation of Pepsi. From my point of view, I'm just a guy who slipped and made a mistake. Those who claim that I am an agent of Pepsi will say that I've released the Pepsi Golem and can't take it back. Having been a lisencee I never really had the authority to contribute it in the first place in which case it is invalid. Of course because I slipped up and was a representative of Pepsi then I've just destroyed the entire safe harbor of the OGL if Pepsi is allowed to take back something that was made OGC... on the other hand, if Pepsi isn't allowed to take it back, why should they ever want to release something as OGC ever again.. why should any company for that matter?

woodelf wrote:

At 16:55 -0400 6/13/03, Bill Olander wrote:

Which is the case for all other publishers as well. Going back to an old
example: I could release a PDF file on my website declared as 100% OGC. In
it I have a monster "The Pepsi Golem" made from Pepsi cans.


Use of 'Pepsi' is in violation of the OGL therefor just because its on my
website as OGC doesn't mean it actually is OGC.


There's a *big* difference between that example and what occurred: you can not have the authorization to contribute the Pepsi trademark to OGC. WotC *is* the legal owner of Dungeon Master, and is thus authorized to contribute it, if they so choose. The former is in violation--the latter is either ok or a screw-up, but perfectly legal either way.



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

Reply via email to