----- Original Message -----
From: "Ryan S. Dancey" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, August 19, 2000 6:09 PM
Subject: [Open_Gaming] Consolidated Remarks
<snip>
> WORDING: Section 7 opens up a new path I had not considered previously.
By
> saying that you cannot use Proprietary Content (essentially "the
> setting")
I disagree that the phrase "Proprietary Content" in the current
license refers to the setting. By the wording of the license,
"Proprietary Content" covers "methods, procedures, [and] processes".
That is, Proprietary Content as defined in the current license refers
to instructions. This includes things like how to build characters,
how to resolve actions, how to conduct combats, etc.
The closest the license comes to talking about setting is in the
definition of "Product Identity." Close reading of that section
convinces me that Product Identity refers to game-mechanical
descriptions of things in the setting. To quote the license:
(d) "Product Identity" means [things] relating to and associated
with the game mechanic.
If my interpretation is correct, then the definition of "Use" needs to
be changed so that it refers to "Product Identity" instead of
"Proprietary Content." Like this:
(g) "Use" means to use, copy, edit, format, modify, translate and
otherwise create Derivative Technology of Product Identity.
This change also make the definition of "Use" consistent with Section
7.
Under this interpretation, the license:
1. Allows us to Distribute works that reproduce or modify the
Product Identity portions of other Open Game material (Section 4,
Consideration).
2. Prohibits us from reproducing any Proprietary Content
(instructional) portions of other Open Game material (Section 7,
Proprietary Content and Proprietary Trademarks).
I think that your legal department has mixed elements of the d20STL
with the OGL.
-kenan
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