> Essentially what you are saying goes entirely against the concept of
> copyleft or "open content" -- the whole point of copyleft is to remove the
> need to constantly contact the original copyright holder to get
> permission.  And in order for this to work, it requires that everything be
> clear and no "read between the lines" nonsense is involved.  There's
> actually no need for the OGL or copyleft with your hypothesized behavior.

Agreed.  However this was a hypothethical.  If the ogc was plainly and clearly
stated as it should have been then there would have been no need for this
discussion.  As I mentioned, ethically, it would be proper to send the publisher in
question a note asking for clarification.  While it is never required by the OGL to
seek permission to use ogc, it is courteous to at least drop a line saying that you
intend to use it.  That way if there is a problem, it can be corrected before it is
too late.  As both a writer and a publisher, I would rather avoid any possible
point of contention that results from shades of gray.  If in doubt, ask for
permission and avoid any potential legal hassles that could prove costly.  Why
spend precious time and money defending yourself in court over a matter of "bad
wording" when the whole thing could have been nipped in the butt beforehand?

> Sure, perhaps AEG screwed up, but from every legal statement in the
> original Spycraft book, VP/WP has been released as OGC.  If WotC
> hasn't/isn't making AEG correct this mistake, then I see no reason
> everyone else has to behave as if AEG didn't release the material as OGC.
> This is the responsibility of everyone who gives someone else permission
> to use their material -- to make sure they do so in the appropriate way.
> It is not the responsibility of the outside third party to attempt to
> mindread an agreement they were not party to.

I would disagree with that, but that is strictly my professional and personal
opinion and not a legal based opinion.  Again, why not do what's right rather than
take advantage of a loophole in order to run roughshod over something that was
previously unattainable?  It all boils down to professional courtesy and not
necessarily whether it's legal or not.  Again, just my personal feelings and stance
and not a indicator of who's right or wrong in this discussion. :-)

--
Steve Creech
d20 Magazine Rack -
The Critic's Corner / The Gamer's Corner
www.d20zines.com

Coward: One who in a perilous emergency thinks with his legs.


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