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What are the implications of publishing two editions of a work,
one of which would use the d20 license and the other of which would
use only the OGL? Assume that both works share the same title, are released by
the same company, contain similar material, and are in print and on sale
simultaneously.
To provide a specific example, Behemoth3 is considering releasing at least
two versions of the Horde Books in its Masters and Minions series. One version
would incorporate unmodified content from the System Reference
Document and would utilize updated material from the 3.5 revision. This version
could be compliant with the d20 license, and its sales would probably
benefit from the recognition associated with that trademark.
The other version would use a rules-light system under the OGL.
It would contain Open Gaming Content derived from the System Reference
Document, but the changes in defined terms such as "armor class" would make it
ineligible for the d20 license.
The text of the two versions would generally be identical except for
rules-related changes in the OGC. The titles and covers would also be similar
except for their use of logos and trademarks.
What licensing and legal issues would be raised by this situation? What
precautions would Behemoth3 need to take in marketing the title as opposed to
the specific version?
I would also appreciate advice from the standpoint of public opinion.
Would having a partially-licensed product line harm
Behemoth3's relationship with the owner of the d20 trademark, with other
publishers, or with the community? If we are considering a rules-light
version--or if there is even a slight possibility that we might
eventually want to produce minatures associated with the Masters and Minions
series--are we better off avoiding the d20 license altogether?
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Writer, Horde Book
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