On Tue, 27 Jun 2000, Brad Thompson wrote:
> This is easier to fix than you seem to indicate. For you example, one could
> remedy the situation in the following manner:
Great example and I think the OGF website could really use
a few pages with sample usage like this.
>
> In your closed IP you describe 'Snakemen', a race of reptilian humanoids
> with a serpent-like physique and amazing dexterity.
>
> Then, in a sidebar specially marked as being Open, you describe their stats
> in the game: +2 Dexterity, Bonus Dodge Feat. Note that the sidebar need not
> include the word 'Snakemen', because the reader can reasonable infer that
You will probably have to do more than not include 'Snakemen'
in the sidebar to keep that protected. I believe it will go
under trademark claims.
>From http://www.loc.gov/copyright/faq.html#q44
44.How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or
short phrases. In some cases, these things may be
protected as trademarks. Contact the U.S. Patent &
Trademark Office at (800) 786-9199 for further
information. However, copyright protection may be
available for logo art work that contains sufficient
authorship. In some circumstances, an artistic logo may
also be protected as a trademark.
> The OGL gives you GREAT freedom in indicating what is open and what is not.
And great freedom to "infect" everything with the OGL.
> An example would be a totally Open race of Snakemen, written by a third
A different thought came to mind when you mentioned that
only the original creator has legal standing for their
open content. What if someone wants to publish an open
module anonymously?
Also, for anyone planning on publishing open content they
should carefully date and changelog everything. One day if
some 9th level lawyers from independent gaming company X
comes along and claims you derived from them, you can show
your work existed prior and independent to theirs.
> I must point out however, that this is no different than the current
> situation, the OGL itself is not a factor here, but rather traditional
> copyright law. All the OGL does is authorize the creation of derivative
> works if you agree to place those derivative works under the OGL. Since, by
> making closed material, you have chosen not to place the work under the OGL,
> you must now pass the legal test to determine whether or not you have
> created an unauthorized derivative work as such works are defined under
> copyright law.
Completely agree. This is what people don't want to hear
but couldn't have been said better.
Regards,
--Kal
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