"well, you cannot (re)use it. i'm waiting proof that you cannot reference, within the same constraints that copyright have always imposed."
Woodelf- I have a rather technical legal reason why you cant just refer to it. I agree that the primary restriction in the licenses is trademark and PI. So on the surface it seems reference to non-PI'd and non-trademarked material should simply fall within standard copyright law. I presume this is your position. The problem is in the OGL. Premise 1: If WotC creates a feat it is not OGC. They can create 3E material WITHOUT the use of the OGL. Premise 2: If you create a feat it is defacto Derivative and thus must fall under the OGL. I've read your prior posts so I know you understand the law enough to see the distinction I am drawing. OK, those premises out of the way... Here is the problem. The OGL defines: "Derivative Material" means copyrighted material including derivative works..." Meaning if you create a feat derived from the mechanics contained in the SRD it is Open Content and the OGL applies to it] And it defines: "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content Section 2 requires you affix the OGL to any OGC (including derivative content) you "use", meaning any such product is covered by the OGL. The problem now comes as a result of section 5: 5. Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License. OK, here we go... If you refer to a feat from, say, Tome and Blood, you will agree with me that: 1. Such material is not currently OGC. 2. If YOU refer to it (rather than WotC), because it is derivative of the SRD it is covered by the OGL 3. You do not have the right to contribute that material as OGC, since it is copyright WotC, not you. This is a very technical issue. Reasonable minds might differ on the interpretation of this. That is why I believe reference to copyrighted material is problematic. Clark ===== http://www.necromancergames.com "3rd Edition Rules, 1st Edition Feel" __________________________________________________ Do You Yahoo!? Great stuff seeking new owners in Yahoo! Auctions! http://auctions.yahoo.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
