Hi >> Mike Dymond wrote: >> >In fact looking at the licence, clauses 6 and 7 are contradictory! How >> can >> >I >> >copy the copyright notice which contains the publishers name which is >> more >> >than >> >likely PI and then not use that very same PI to indicate compatibility. >> >Surely >> >including the publishers name in section 15 does just that, it implies >> >endorsement!
>> Actually, it doesn't imply endorsement at all. Quite the opposite. How can it possibly indicate the opposite??? That would mean that all products listed in section 15 are incompatible with this product??? That makes no sense. >> Now, if I included a statement in my product: "This product is compatible >> with all products listed in Section 15!" Then, potentially, someone could >> push through a lawsuit aimed at my unlawful use of the trademarks in >> Section >> 15 to indicate compatibility. Agree >> On a tangent subject: I'm planning to include a bibliography in an >> upcoming >> D20 project. Perforce, the bibliography includes a large number of >> trademarks. I'm planning to include the statement following statement to >> cover myself just in case: "The use of any trademarks in the bibliography >> should not be taken as an indication of compatibility or co-adaptability." >> Anyone see any problems with that? Only if the bibliography is OGC, then you cannot apply any other other terms to OGC content beyond the OGL. >> >I have absolutely no problem with other publishers using the OGC that I >> >have >> >created, in fact I would actively encourage it, but I have some severe >> >reservations about them using my company name without my permission! This >> >> >is so >> >obviously open to abuse! >> Then don't put your company name in your Section 15. If you put it into >> your >> Section 15 you have explicitly licensed its use. Section 6 states that you have to! and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute. Title and Name are requirements! >> >What is stopping someone from getting hold of the section 15s from the >> most >> >popular d20 products and simply including them in their section 15 in >> order >> >to >> >gain a competitive advantage (small advantage I agree but possibly >> >significant). >> What competitive advantage would that be, exactly? brand association! Why is that concept so hard to fathom? Take a hypothetical case: two identical books, one has a blank section 15 the other has a section 15 that includes the words Star Wars. It is conceavable that someone who does not know a lot about RPG or d20 or DnD (think grandma buying present). The book falls open and she just sees the words Star Wars which is a brand she recognises and therefore decides to buy book 2. Section 15 has just lead to a sale. And I know that Star Wars is not OGC and never will be but it was one the only global brand I could think of that a grandma might have heard of :-) >> >This is exactly what I am talking about. There are some huge licences >> that >> >are >> >in the proces of being converted to d20 and I would like to know how they >> >> >(the >> >IPR owners) would feel about their tademarks being used in this way! And >> >don't >> >forget that companies like Sony have big pockets and big lawyers! >> The only people they can go after are their license holders... assuming >> those license holders actually violated their license by sub-licensing >> those >> trademarks. Not necesseraly true. They might not have used the trademark incorrectly, but the publishers of the derived material might be. >> If you aren't happy with the terms of the OGL, then don't use the OGL. But >> >> it's more than a little hypocritical being worried about people using your >> >> name without permission when, by your logic, you are using the names of >> other companies without their permission. This is why I am pushing this point. Firstly I want to protect my trademarks and my partners trademarks whilst partaking in the OGL market. Secondly I want to make sure that I am not in violation of anything and thus risking a law case against us. 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 _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
