>>You see no indication?  Ryan has said, repeatedly that at least 70% of 
the monster manual will be released under the OGL, and >> the rest under 
the D20STL.

Good point...what I was trying to illustrate is that I don't believe that 
WOTC is going to make the 'color' materials available to the public.  I 
mean an animated skeleton isn't really something you can claim but Ryan has 
also made it clear (to me anyhow) that the purely D&D unique things (ie: 
"Named" spells and such) will either not be released or will be 
genercised.  Again...the retention of creative property over statistcs.  As 
for d20 license releases that is another ball game because you are 
conforming to an agreement that makes your product, essentially, a "D&D 
Product."

 >>I don't think the game stats for, say "Magic Missile" is a rule, in the 
full context of the copyright law, it being a mixture of >>"rules" and 
"creative property".

I understand what you are saying but as long as the rules can't be 'owned' 
the stats are just measurements, nothing more. Plus, anyone can invent a 6' 
tall, 250 pound flying alien that beats up criminals.  It is the Red,Yellow 
and Blue suit with a big S on the front and the title of SUPERMAN that 
makes the stats something of value.  No matter what system of measurement 
you use they might have the same speed, strength and power levels BUT that 
isn't what makes Superman an icon (and a valuable one at that).

 >>"a foo dragon's armor class is 31" may or may not be a rule in that 
context.

But it is the NAME Foo Dragon that is the item of Value.  Anyone can make 
an AC 31 monster.  What makes it marketable is "Foo Dragon".

Both of the examples above are why I say it is NICE if someone opens more 
than stats and rules but to expect anyone to or act like they are being 
'against the cause' because they don't is ridiculous.

 >>It's an aspect of copyright law that has not been tested in the courts,
 >>and I have _no_ idea how that is going to play out, nor does any one 
else....

...and personally I think a game system is such a complex and (usually) 
carefully and cretively designed entity that it is ridiculous that someone 
can't claim a patent BUT that currently isn't the case and that is what I 
am basing my opinions on.


At 10:42 AM 10/18/2000, you wrote:
>On Wed, 18 Oct 2000, Marc Tassin, Ilium Software wrote:
>
> > If it were the Monster Manual would be part of the Open Content
> > and so far I see no indication that this will be the case.  Yes, monster
> > stats may certainly be open but again, you are discussing rules, something
> > no one has EVER been able to lay a claim to, even prior to the OGL.
>
>You see no indication?  Ryan has said, repeatedly that at least 70% of the
>monster manual will be released under the OGL, and the rest under the
>D20STL.  Also, to be a heretic, I'm not sure that monster stats are
>"rules" in the context of copyright law.
>
>"Monster have an armor class that tells how hard they are to hit" is an
>uncopyrightable rule.
>
>"a foo dragon's armor class is 31" may or may not be a rule in that
>context.  The whole "game rules can't be copy righted concept" dates back
>to when "games" were things like Baseball, not Fantasy Role Playing Games.
>It's an aspect of copyright law that has not been tested in the courts,
>and I have _no_ idea how that is going to play out, nor does any one
>else....
>
>
>
> > In addition, rules are a totally different thing than creative
> > property.  Frankly rules are ALREADY open game to anyone who wants to take
> > the time to rewrite them.  You can't patent them.  You can't trademark
> > them.  You can't copyright them.  The same is NOT true of creative
> > property.  If making anything and everything open was an effective
> > marketing strategy why not just make the PHB and DMG Open Content?  Why
> > mess around writing a carefully crafted SRD?  Because it is the creative
> > property that makes a product unique and marketable and if you give 
> that up
> > you are giving up the one thing that has financial value.
>
>And that _is_ the crux of my argument.  "Mages may cast spells" is a rule.
>I don't think the game stats for, say "Magic Missile" is a rule, in the
>full context of the copyright law, it being a mixture of "rules" and
>"creative property".  IANAL, etc...
>
>
>
>
>
>--
>http://www.spellbooksoftware.com
>If guns are outlawed can we use swords?
>
>
>-------------
>For more information, please link to www.opengamingfoundation.org

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