Kal-
I see this dialogue going nowhere.
Here is the bottom line:
If something is open content either from the d20 SRD
or because some other publisher designated it as open,
then use it. No once can close content that is in the
SRD and if they tried to you can still use it as long
as it is a part of the SRD. But, if something is
derived from the SRD and is designated closed by a
subsequent author and you then disregard that--EVEN IF
YOU DISAGREE WITH HIS OR HER DESIGNATION--and use it
anyway you are an a$$.
Your comment...
"If someone publishes some super hero rules that are
clearly modifcations then I will feel free to use them
in my super hero product and not wait around for WotC
to do something about it. To reiterate some of my
previous points, I may have intented to make those
natural modifications too but wasn't first to market
and I don't want people fencing off open content that
I want to use."
...shows a total misunderstanding of the OGL/d20 and
copyright law. Guess what, I intended to invent the
microchip. Too bad. That isnt how things onbtain
protection. If you are thinking of doing something
then you better damn well get on the stick and do it
because if someone else beats you to it then they get
the protection--not you. And you wont have any right
to steal their work just because you think it is a
"natural" extension or should have been open content.
I really hope I am misconstruing what you are saying,
but the above quote seems clear that you believe you
can just appropriate another person's work because you
feel it should have been made open. If that isnt the
case, I appologize for my strong comments. But if my
interpretation is correct, then I dont want you in the
OGL/d20 community.
I am an attorney. And if you are thinking of ever
actually doing this I would advise you to go and get
yourself a good one because that type of willful and
malicious appropriation is not looked on favorably by
the courts.
I really hope I am wrong about interpreting your
comments. I would much rather appologize to you than
think there really is someone out there who thinks
they have the right to be the arbiter of what "should
be open" and to appropriate someone else's copyrighted
work based on some delusional moral crusade.
I appologize to the rest of the list for the harshness
of my comments.
Clark Peterson
=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"
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