On Mon, 31 Jul 2000, Kal Lin wrote:
> I do not see anyting in the OGL as WotC-only right now either.
> But I do see the new clause as only serving someone with a
> valuable trademark that others want to latch onto. When I first
> read the message, I thought "doesn't bother me since I have no
> interest in anyone elses trademarks and I don't have any trademarks
> that others want to use." But now I think, the new clause would
> put extra onus on me to research trademarks and make life more
> difficult for people who want nothing to do with trademarks.
But if someone isn't interested in using others' trademarks or creating
their own trademark, the new clause has no impact on them. The new clause
puts absolutely no burden on anyone who wants nothing to do with
trademarks. If you are not using trademarks, the clause simply doesn't
pertain to you. It only burdens those who wish to use trademarks - and
not unreasonably IMO.
> Instead of just criticizing, I'd like to suggest that the new
> clause added to the D20STL would accomplish much the same goal
> if official use of the D20 logo had real market clout. Anyone
> motivated to promote their products with dubious attachment
> to D20, D&D, etc. would choose official D20 instead. Anyone
> who would still choose to go the dubious route would probably
> avoid the OGL anyways.
Actually, anyone motivated to promote their products with dubious
attachment to D20, D&D, WoD, or anything else is more likely to stay under
OGL - it has far less restrictions & requirements than the D20STL. Which
is why this clause belongs in the OGL. Currently someone wishing to
bend the D20STL could publish their material under the OGL and use the D20
trademark "for comparison advertising" purposes. The D20STL already
restricts how people use both the D20 & the D&D trademarks.
I really don't see what the big fuss is. If your product needs to borrow
someone else's trademark without permission in order to sell, it probably
doesn't deserve to be in the marketplace. The requirement that people not
attempt to trade off others trademarks is a very small concession for the
ability to publish material that otherwise would not be publishable due to
copyright laws. No one is prevented from making clear exactly what type
of product they are making available; they just have to do so without
using other people's trademarks.
alec
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