Hi 

 >>  Mike Dymond wrote:
 >>  "If you agree that it is a possibility then it needs to be addressed. Some
 >>  d20 companies have already established significant brand value in their
 >>  name
 >>  and any new entrant into the market would benefit greatly from association
 >>  with those companies."

 >>  I have chime in here.  No you wouldn't really benefit from listing company
 >>  X, Y, and Z in the back of your book in Section 15 (the ONLY place they
 >>  can
 >>  be mentioned (remember, no association).  I doubt very many consumers run
 >>  out and check Section 15.  Besides, you are all ready dropping the name of
 >>  the LARGEST and MOST POPULAR company out there:  Wizards of the Coast.  A
 >>  distributor will not pick up your product of you list Goodman Games and
 >>  Green Ronin as a source for OGL.  If you are releasing it as a PDF or POD
 >>  you would have to make the OGL available for the public before purchasing.
 >>  Assuming that anyone read it before purchasing, would anyone other than
 >>  publisher's, WotC, and freelance developers care?  No not really.  You
 >>  have
 >>  nothing to worry about.

You are still assuming that everyone will simply continue to print the OGL in the back 
of the book (and most will). But there is nothing stopping from printing it on the 
front page or on the first page of the book.

I fully realise that I am talking about completely hypothetical, very unlikely events 
but I want to find out what people think the extremes are.

I should correct my earlier comment, I think clauses 6 and 11 are not compatible. The 
inclusion of my copyright notice is clear use of my name to market a product. The 
scale of this promotion is not an issue (it won't be to a court) simply wether there 
is any possibility of a consumer being confused.

 >>  "Sure at the moment the d20 market is a friendly place where you are more
 >>  likely to encounter cooperation rather than competition, but, as much as I
 >>  endorse this attitude, it will only take one unscrupulous publishers to
 >>  upset the apple cart!"

 >>  I think we are looking at two different markets.

In what way? You might consider it to be two different markets, i.e. the good 
publishers and the bad publishers (if I read you correctly). But to the buying public 
we will all be lumped in together. The retailers will not care, they will stock 
whatever sells.

Cheers
Mike Dymond
Managing Director
Myriador Ltd.

a: Flat 1 The Old School House, 25 River Street, Pewsey, Wiltshire, SN9 5DH, UK
m: 07900 042 293
t: 01672 564 254
f: 01672 564 254 - please phone first
e: [EMAIL PROTECTED]
w: www.myriador.com
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