From: "Tim Dugger"
On 12 Aug 2005 at 10:09, Spike Y Jones wrote:
> Slaine, Warp Spasm, Tir Nan Og, Fomorian, Red Branch, Fir Bolg,
> Enech*, Cromlech.
Here is an idea - for these terms, since they are public domain,
include a statement of such.
Example:
Public Domain terms: From Celtic Mythology, the following terms
were derived, <list terms here>
This way you are officially declaring the source of your terms, which
also indicates that you are NOT using anybody else's PI.
I would also suggest including a bibliography of the books you used,
but the OGL does not allow for that.
As a mythology dictionary doesn't contain OGC or a copy of the OGL and the
author isn't a "contributor" I don't think the OGL prevents you from
mentioning it in a bibliography. You would only be prevented from listing
OGC sources (unless you had permission).
The original "Slaine" is public domain and not elegable as Product Identity
because it doesn't comply with section 5 (i.e. it was developed over
hundreds of years by the Celtic community* and is not "original material").
However, I would think that the 2000 AD version of "Slaine" is in some way
different to the one from mythology. If 2000 AD give Slaine distinctive
clothing and equipment and Mongoose have used all of that equipment in their
version, I suppose that they could argue that those "enhancements" to public
domain material are "original material" and what they are claiming as
Product Identity. (i.e. You can use Slaine, but if you depict him as wearing
a torc and your mytholgical sources do not back this up, 2000 AD's lawyers
can try to use pictures from the comic to get you to reprint your product
without mention of the torc.) Personally, if I was on a jury I'd laugh
Mongoose and 2000 AD out of court if they tried to say they "owned"
enhancements to "Slaine", but what a *real* court would do is anybodies
guess. (Given that Stelios from easyJet is using the British courts to
assert ownership of the word "easy" I suspect that a case about ownership of
"Slaine" *might* go either way. Why risk it if there are ways to work around
it?)
* = While I'm on, I'd like to thank the Celtic community for anticipating
the advent of Open Game Content and developing such a good mythology. Not
bad work for a bunch of dead wode-wearing guys. ;)
David "Big Mac" Shepheard
Webmaster
Virtual Eclipse Science Fiction Role Playing Club
http://virtualeclipse.aboho.com/
http://uk.groups.yahoo.com/group/virtualeclipselrp/
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