When you get down to it the problem isn't as large as
it may seem. The whole issue about what constitutes
infringement is moot...regardless of what transires
with OGL true infringement will be delt with
regardless of if its open, closed, sans OGL, with OGL,
and all other variables. Just because we we
acknowledge or do not acknowledge trademarks in the
liscensce won't change the law. (Thats not to say
that it might give a little amunition to the holders
but it'll be up to the courts to decide what effet
that all ends up at)
As I see it, its very simple. Ryan's been very up
front about his concearn that someone might uses
"works with D20, not used by permission" as a way to
not have to abide by D20 and even OGL liscense. If
this wasn't a grey area, he wouldn't be pushing for
the extra condition, WOTC would just sue them and
force them to stop. However, putting it in the OGL
only forces them not to use OGL, it doesn't stop them
from publishing. I suppose that in and of itself
might be OK but the issue becomes does it stop anyone
else from using OGL. If its limited to marketing and
such, I doubt it, but if all content fell under this
clause I think some people would just walk away and
publish under fair usage or under another liscensce
all together. They lose the right to D20, and thats
bad cause it forces them to use XYZ system, which
fragments the very thing WOTC is trying to
accomplish--a universal rule set. As proof that it
will drive some away from OGL I offer us as proof. We
are the ones most intimately familiar with OGL and we
can't agree and often are confused as to the
ramification of the clause. Imagine someone who just
want to put there custom adventure on the web to show
it off...they may decide instead of all the hassle
just to forgo the OGL issue. (Oh and there's a fun
one we all talked about before---what constitutes
advertisement on a webpage?)
When Ryans legal team finishes the terminology we can
better assess the exact ramifications of the clause,
but all in all since its voluntary, I see many people
who would see a benifit in NOT using OGL.
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