On Wed, 26 Feb 2003 09:25:59 -0000, Martin Cutbill wrote:
>>So, what do others think: would the description of the mid20 roll
>>be
>>required to be OGC, as derivative content?  Or could it be kept
>>closed?
>
>The die roll itself you can keep closed. It's not derivative.

Are you sure about that? From my layman's perspective, the OGL seems 
to make it impossible to release a work under the license in which a 
rule as simple as "roll 3D20 and use the middle result" is 
protectable content.

>From the OGL:

---

(d)"Open Game Content" means the game mechanic and includes the 
methods, procedures, processes and routines to the extent such 
content does not embody the Product Identity and is an enhancement 
over the prior art and any additional content clearly identified as 
Open Game Content by the Contributor, and means any work covered by 
this License, including translations and derivative works under 
copyright law, but specifically excludes Product Identity.

(e) "Product Identity" means product and product line names, logos 
and identifying marks including trade dress; artifacts; creatures 
characters; stories, storylines, plots, thematic elements, dialogue, 
incidents, language, artwork, symbols, designs, depictions, 
likenesses, formats, poses, concepts, themes and graphic, 
photographic and other visual or audio representations; names and 
descriptions of characters, spells, enchantments, personalities, 
teams, personas, likenesses and special abilities; places, locations, 
environments, creatures, equipment, magical or supernatural abilities 
or effects, logos, symbols, or graphic designs; and any other 
trademark or registered trademark clearly identified as Product 
identity by the owner of the Product Identity, and which specifically 
excludes the Open Game Content;

---

As I read that, it means that anything in an OGL work that 
constitutes a game mechanic can be reused under the license, 
regardless of whether the publisher has declared that the mechanic is 
open or closed.

If I recall correctly, we had a discussion here about what would 
happen if an RPG publisher included an original card game as part of 
an OGL work but did not declare it as open. The rules of the game 
would be open content, though the particular expression of those 
rules and the card images and name could be product identity.
-- 
Rogers Cadenhead, [EMAIL PROTECTED] on 02/26/2003
Weblog: http://www.cadenhead.org/workbench

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