My $0.02:
If the point of the OGL and the d20 (and you should
view them as linked since there is little use for the
OGL without d20) is to create a lawsuit-free
environment where small businesses can create product
with little worry, then this trademark concession is
no big deal and in fact advances that goal. I
personally have no problem with it.
Besides, it protects our trademarks as well. That way
no one can use Mystical Alchemy Games or Fiend Games
(or Necromancer Games for that matter) trademarks
without permission. If the concession is not referring
to D&D and WotC trademarks (or other trademarks
without permission), then fine.
People are acting as if restricting the OGL beyond
"what the law allows" is some horrible crime. I dont
see it that way. I think the goal is to create sort of
a legally "safe" (or at least "safer") zone to produce
our material.
And let me give you all a little lawyer advice--just
because you might be right doesnt mean you wont get
sued. Talking about absolutes of IP law is nice if all
you care about it the result of the case. As a
business I dont give a $h*t about the final result so
much as I do about avoiding the suit in the first
place. So dont get all lawyer-y and waive legal
decisions and statutes and act like you can infringe
on trademarks without impunity. Maybe you will win in
the end. Maybe you guys have a legion of attorneys to
handle repelling those lawsuits. I dont--and I am an
attorney. This tradeoff is fair and actually promotes
ease of use of the OGL.
Besides, why would you expect the OGL to simply match
the paramaters of copyright law--what would be the
point of that? You can already do that. When the
market leader decides to allow third party product in
an open format there are going to be restrictions.
This restriction is not a deal breaker for me by any
means. In fact, I like its inclusion for the
additional protection it gives our work. I'm glad it
got put in.
Clark
=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"
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