On Thu, 10 Aug 2000, Alec A. Burkhardt wrote:

> > I have no interest in their 90 pages but why should the OGL
> > be burdened with a clause that provides them extra protection?
> 
> What extra protection has it provided them?  You haven't pointed to a

extra protection = reduced cost of initiating a lawsuit + reduced
burden of proof to win a case

> single thing.  The fact that they trademarked their hero in closed content
> is irrelevant - under the OGL you can't use their closed content
> anyway.  And quite obviously you must have an interest in their 90 pages,
> since that's where the trademark is.

I'm not interested in the trademarked hero.  I'm wondering why
the OGL should have a clause to expedite trademark protection?

> What new things can people #1 trademark in the swamp setting that isn't in
> open content?  Anything derivative of the of the orginal groups work must
> be in the open content portion, including trademarked characers.  The
> orginal group has no right to have access to the independent creations of
> group #2 that they might choose to place in closed content under the OGL.  

Here people #1 are interested in referencing characters that were 
developed in their contributed setting.  "Monster X eluded being
slain by [trademarked hero]."  The new clause in the OGL does 
them a disservice.  They feel ripped off and go with the GFDL.

Do you really feel the new clause would not do any legitimate
users of the OGL a disservice?  Every case a trademark holder
might bring deserves to be afforded reduced costs and reduced
burden of proof?




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