On Mon, 28 Feb 2005 21:47:24 EST, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:
> If one puts aside (intent and industry practice -- I know, that's a big > stretch for me), and presume that anyone and everyone who wants to say the > phrase "This is Product Identity" is a third party beneficiary, then the > person doesn't have to be listed in your Section 15 and indeed doesn't to > even be a direct party to the OGL to declare something as PI and bind you to > not using it. Only if they have legal ownership over it. Which means that if, say, Abby Andrews creates "Arrows and Anvils" not using the OGL, and "Chris Copyier" releases an all but exact copy called "Carrows and Canvils" under the OGL, and then "Bruce Borrower" makes "Bad Targets", an adventure for "Carrows and Canvils", Abby Andrews can inform Bruce directly, without going to Chris first, that "Bad Targets" is infringing on "Arrows and Anvils". OTOH, if there's nothing unique about Abby's game to merit legal protection if the OGL isn't invovled at all, then Abby can't do anything unless you use her trademarks. Which we're all explicity enjoined from using. So if Doug creates "Drunken Dwarfs" and happens to use Arrows & Anvils as an inspiration but commits no copyright infringement, he can polietly tell Abby that he committed no infringement against her, but that he would love to remove the reference to her trademark in his work's non-OGC section if he wanted to. DM _______________________________________________ Ogf-l mailing list Ogf-l@mail.opengamingfoundation.org http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
