Clark Peterson wrote:

> We are all the licensees in this case. WotC is the
> licensor. That means WotC is not a "you," if that
> makes any sense.

Are you sure? The licensor of the OGL could be everybody else... 
personified in the "Open Gaming Foundation."

Or, it could be "whoever's OGL you're using."

> Then, right up above, the license defines "use" as:
> 
> ""Use", "Used" or "Using" means to use, Distribute,
> copy, edit, format, modify, translate and otherwise
> create Derivative Material of Open Game Content."
> 
> Here, the use definition indicates use is doing stuff
> with Derivative Material of Open Game Content.

Thus, only *Derivative* OGC is covered? Or in other words, an original 
creator of OGC isn't *using* his original creation?

> I think a reading of this means that WotC could simply
> indicate that some new material, such as a new
> monster, was not Open Game Content and designate by a
> notice that it must be used in accordance with the
> license. That does not trigger a requirement by them
> to then affix the license to that newly designated
> open content--they are not "you" "using" OGC.

You mean "now" OGC, right?

> They are in a unique position. They dont need to use
> the OGL to create new OGC. We (generally) do.

That is, *based on their OGC.*

They're in their positon because of the sheer volume of OGC they've 
"released." Not because they wrote the license.

If another company (like, White Wolf) were to do the same thing with 
*their* game system, they would get *exactly* the same benefits that 
WotC gets... including a bunch of people who would (presumably) incresae 
the value of their network. (I'd say WW, if they decided a year from now 
to do this, would do it on a per-line basis... with various licenses for 
Vampire, Mage, etc.)


Thanks for the thought-process, btw.... and I hope I'm not too far off 
the mark, both in my "oh, yeah that" stuff in the latter half of this 
message, and the "are you sure" stuff in the first place.


DM

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