>1. Definitions : ... (g) ^�Use^� means to use, copy, edit, format,
> modify, translate and otherwise create Derivative Technology of
> Proprietary Content.
WORDING: The term "Use" appears throughout the license (search for
use and Use). It is sometimes not clear whether the special definition
is intended. For example, section 11 is titled "Use of Contributor
Credits" (capital U).
Alternative: define the phrases "Use of Proprietary..." and "Use of
Open Content" to simplify the presentation. Avoid the word "use"
in the non-special sense if possible.
>7. Proprietary Content and Proprietary Trademarks: You agree not to use any
OPINION: I am of the opinion that the trademark laws and precedents
are sufficient in protecting against misrepresentation, unfair
competition or immoral business practices. My laymen's reading of
some court opinions indicate to me that anyone trying "to confuse
the public by making that compatibility notice one of the most
prominent features on the cover of the product" would find a very
unsympathetic court.
As I understand, the clause is meant to prevent statements such as:
This product is compatible with Dungeons & Dragons(R).
This trademark is not used with permission.
"every word to be in letters of the same size, color, type
and general distinctiveness" (Prestonettes, Inc v Coty).
On the one hand, you are inviting people to make compatible
products by releasing the D20SRD. On the other hand, you are
preventing people from stating so "because for the first time,
the product will legitimately be reasonably compatible."
The clause allows trademark holders to practice anti-competitive
behavior by preventing truthful comparative statements such as:
"...contains 200 new monsters not found in the Monster Manual(TM)."
"...easy to play for those familiar with the rules of D&D(R)."
Anti-competitive behavior goes against the spirit of Open Gaming.
While some small producers may embrace the clause, avid gamers
who are not interested in building a brand are ill served. We
want to participate in a community building freely available
open content without trademark holders stepping in and exerting
claims not available under current laws.
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For more information, please link to www.opengamingfoundation.org
