Of course "Horse" as described in the "D20:Billerica" book will ALWAYS be
open content and reusable by anyone who gets their hands on the book, but
they can't touch the new revised stats from "FAC:Billerica"

-----Original Message-----
From: William Olander [mailto:[EMAIL PROTECTED]] 
Sent: Wednesday, August 21, 2002 2:17 PM
To: '[EMAIL PROTECTED]'
Subject: RE: [Ogf-l] Publishing under the OGL

>> Wrong. The material is now OGC. You can sub-license it to them if you can
get them to agree to such terms but there is nothing that says they *need*
to do so. moreover the material is OGC and cannot be declared "closed".
Finally, and this is the "hooker" if a product uses OGC material they *must*
adhere to the OGL.<<

There is no way that this is correct. Despite it being Wizard's doing the
lisencing, Ravenloft, Kingdoms of Kalamar, and heck pretty much all of the
D&D stuff instantly becomes OGC.

The way I remember it explained in the past was that as he OWNS the original
copyright he can do anything he wants with it. This DOESN'T apply to those
things directly derived from the SRD like Racial Stat blocks, spell stat
blocks and the like. However, the racial names and spell names are not
directly derived and by usage in that context.

To create an extreme counter-example:
I create a world called "Billerica", marking that as PI to me. I then create
the major race of the world "Horse" and give them a statblock in D20 terms.
I then get sick of D20 and make a house system: "Flip a Coin" which is
Copyright to me. I then go out and make the Flip a Coin supplement "FAC:
Billerica". Because Billerica is PI I can do this just fine. 

However, according to what you've just said, if I attempt to put MY race,
the "Horse" into "FAC: Billerica" I need to attach the OGL because the
"Horse" happened to appear in an OGL document when the line of derivation is
a couple of napkins I scribbled on during lunch last year which is the
common parent to both.

Not Kosher.
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