Hello,
kevin kenan wrote:
> Rules include all of the game-mechanical details of anything you create. If
> you describe your new races using phrases like "...their serpent-like
> physique gives them +2 dexterity" then those elements of your IP are
> required to be Open under the OGL.
Now derivative seems to be used in some important parts of the license.
1. Definitions:
"Open Game Content" means any work covered by this License, including
translations and derivative works under copyright
law. "Contributors" means the copyright and/or trademark owners of material
identified as Open Game Content.
This is the definition of Derived i have from the FAQ:
>From the U.S. COPYRIGHT OFFICE:
A �derivative work,� is a work that is based on (or derived
from) one or more already existing works. It is
copyrightable if it includes what the copyright law calls
an �original work of authorship.� Derivative works,
also known as �new versions,� include such works as
translations, musical arrangements, dramatizations,
fictionalizations, art reproductions, and condensations.
Any work in which the editorial revisions, annotations,
elaborations, or other modifications represent, as a whole,
an original work of authorship is a �derivative
work� or �new version.� A typical example of a derivative
work received for registration in the Copyright
Office is one that is primarily a new work but incorporates
some previously published materiel. This
previously published material makes the work a derivative
work under the copyright law. To be copyrightable,
a derivative work must be different enough from the
original to be regarded as a �new work� or must contain a
substantial amount of new material. Making minor changes
or additions of little substance to a preexisting
work will not qualify the work as a new version for
copyright purposes. The new material must be original and
copyrightable in itself. Titles, short phrases, and
format, for example, are not copyrightable.
If material derived from the OGL must be released under the OGL, and a derived
work "Any work in which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship is a
�derivative work� or �new version.� A typical example of a derivative work
received for registration in the Copyright Office is one that is primarily a new
work but incorporates some previously published materiel."
<I knew i should have paid closer attention to the derivative thread. :-) >
Then anything that uses any OGL documents are going to be derivatives of that
OGL document, even if it only uses one line from the original OGL document.
<Please bear with me, i'm trying to work it all out in my head. ;-) >
So according to the definition of Open Content - any work covered by this
License, including translations and derivative works under copyright law.
"Contributors" means the copyright and/or trademark owners of material
identified as Open Game Content.
Anything released under the OGL is Open Content. Also according to section 2.
Clear enough. As a side note, Looks like section 5 covers the whole stealing
material to make it open content subject.
8. Identification:
If you distribute Open Game Content You must clearly indicate which portions of
the work that you are distributing are Open
Game Content.
This part confuses me though. Open Game Content is the document covered by the
OGL, because of the derivative definition and section 2. How are you going to
identify Open portions if the whole thing is supposed to be Open to begin with?
Now i know that i must be missing something as Ryan has had real lawyers looking
over this, and i doubt they would over look something like that.
Is there a way to make this a little more clearer though? If i may suggest an
option:
1. Definitions:
"Open Game Document" means any work covered by this License, including
translations and derivative works under copyright
law.
"Open Game Content" means any work that has been specifically declared as Open
Game Content by the contributors.
"Contributors" means the copyright and/or trademark owners of material
identified as Open Game Content.
4. Consideration:
In consideration for agreeing to use this License, the Contributors grant You a
perpetual, world-wide, royalty-free,
non-exclusive Copyright and Trademark sublicense with the exact terms of this
License to copy, modify and distribute the Open
Game Content.
8. Identification:
If you distribute an Open Game Document You must clearly indicate which portions
of the work that you are distributing are Open Game Content.
That seems to be a little clearer to me. All derived works, and works covered by
the licence, would be Open Game Documents. Only the material directly said to be
"open" by the contributor would then be allowed to be used by others.
By moving the Derivative definition to the "Open Game Document" then you don't
have to worry about setting material being pulled into the "Open" arena without
direct approval from the contributor. Since the rules themselves can't be
copyrighted, there is no worry about rules being eternally closed, as they only
need to be rewritten to be opened.
The reason for the change: It seems to me that any setting is going to rely on
the rules to help define it. As far as I can tell, that would make the setting a
derivative, and therefore subject to becoming "open" material.
With the proposed change, derivative works will be dragged into the Open Game
Document definition, but it will only be opened to Open Game Content if the
contributor specifically indicates it as such.
Problems: I realize that part of the "open" concept is a give and take
relationship. The problem is, if you are going to enforce it with a license,
then you need to go all the way, like the GPL. If you don't then were do you
draw the line? If it isn't clear then it becomes a source of confusion.
This modification clears up that line. It does however require a more
"community" attitude by the community itself. It also makes it very clear as to
what is "open" or not, as it doesn't rely on the viewers opinion of what
"Derivative" means.
Have Fun,
Darren
--
Infinite Possibilities at the Game District
http://www.gamedistrict.com/center.shtml
Unified Universe at the Game District
Expanding the possibilities of the D20 System
http://gamedistrict.com/UUConstruction.html
Home of the OGL Webring - Open Gaming with the OGL
http://gamedistrict.com/OGL.html
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