Re: licenses for RPGs

2001-03-21 Thread Ryan S. Dancey

Do you have the right to make a game which is mechanically compatible with
another game?  Yes, it appears that you probably do, unless there is a
patent or trademark right involved.

Do you have the right to make a product which contains the unique
copyrighted content of DD, or derivative works therefrom?  No, in my
opinion, you do not.

And in-between lies a big grey area where only a court can decide, on a case
by case basis, if a particular work is an infringing derivative work.

The OGL (like the GPL) is just a framework for getting rid of the threat of
lawsuits and the grey area.  Sure, you could black-box and clean-room Linux,
but you're far more likely to use Linux with the GPL, because you can do so
at essentially no cost, and in a framework which provides for little risk of
litigation.

The OGL framework, when applied to the System Reference Document, provides a
way to make DD compatible content that is far, far more extensive than the
basic rights you might have as they relate to the public domain status of
the game rules of DD.  And there's no grey area.  Both conditions which
make it possible to bring to market a commercial product without having to
provide for a substantial threat of litigation.

And it's furthermore quite silly to point at the former TSR (now Wizards of
the Coast) business and say that the climate of litigation is fostered by
one company.  Every commerical hobby game publisher has taken the exact same
position for 25 years - that the mere game rule content in an RPG is the
least part of the copyrighted work of an RPG, and that derivative works
based on such a product are infringing.  The OGL and the d20 concept are a
step away from the parochial view of RPGs as isolated creative endeavors and
towards a view of clearly deliniated rights - and to my mind, that's a
positive step forward.

Ryan




Re: licenses for RPGs

2001-03-21 Thread Ken Arromdee

On Wed, 21 Mar 2001, Ryan S. Dancey wrote:
 The OGL framework, when applied to the System Reference Document, provides a
 way to make DD compatible content that is far, far more extensive than the
 basic rights you might have as they relate to the public domain status of
 the game rules of DD.  And there's no grey area.  Both conditions which
 make it possible to bring to market a commercial product without having to
 provide for a substantial threat of litigation.

That's where the extortion comes in.  "If you submit to our conditions,
you can do something which is legal anyway, but which we'll otherwise
sue you into bankruptcy for".

 And it's furthermore quite silly to point at the former TSR (now Wizards of
 the Coast) business and say that the climate of litigation is fostered by
 one company.  Every commerical hobby game publisher has taken the exact same
 position for 25 years - that the mere game rule content in an RPG is the
 least part of the copyrighted work of an RPG, and that derivative works
 based on such a product are infringing.

Ryan, the problem is that TSR has bizarre ideas of what constitutes a
derivative work, as well as bizarre ideas that the company owns all
derivative works, which together amounts to a threat, not only to sue, but to
take other people's works without compensation.




Re: licenses for RPGs

2001-03-20 Thread phil hunt

On Mon, 19 Mar 2001, David Johnson wrote:
 
 The only licenses halfway-acceptable for me are the OOGl and OGL. 

What do you like about these licenses?

 I have two 
 issues with them. First, they are lengthy and potentially confusing (to the 
 user) licenses. 
 
 Second, they are copyleft, and I am not desiring a copyleft license for this 
 project. Unfortunately, the Open Gaming License will only approve copylefted 
 licenses and games. In other words, I can release a public domain game and 
 they would refuse to call it free and open.

That seems bizarre to me. 

-- 
* Phil Hunt * 
"An unforseen issue has arisen with your computer. Don't worry your silly 
little head about what has gone wrong; here's a pretty animation of a 
paperclip to look at instead."
 -- Windows2007 error message





Re: licenses for RPGs

2001-03-20 Thread David Johnson

On Tuesday March 20 2001 01:39 pm, phil hunt wrote:

  Second, they are copyleft, and I am not desiring a copyleft license for
  this project. Unfortunately, the Open Gaming License will only approve
  copylefted licenses and games. In other words, I can release a public
  domain game and they would refuse to call it free and open.

 That seems bizarre to me.

To me as well. It would be like the FSF saying that the MIT and BSD licenses 
are not Free. The Open Gaming Foundation can do whatever they want with their 
own stuff, but defining an upper limit on openness is ludicrous. It might be 
too open for their tastes, but it's still open.

-- 
David Johnson
___
http://www.usermode.org



Re: licenses for RPGs

2001-03-20 Thread Ken Arromdee

The Open Gaming License isn't quite what it seems.

The difference between that license and the GPL is that without the GPL, you
can't distribute copies at all, and the GPL gives you the right to distribute
copies under some conditions--that is, it adds rights.

The Open Gaming license is closer to extortion.  The key is that game rules
are not copyrightable, and normally you'd have complete rights to create
D20-compatible material.  However, TSR threatens to sue people who do that.
Since nobody can afford the cost of a lawsuit from TSR, TSR can prevent
perfectly legal activity this way.

What the Open Gaming License says "if you adhere to these conditions, we
promise not to sue you for something that you really have the right to do
anyway".  Without the license you have *more* rights--just less freedom from
being bankrupted by frivolous lawsuits.




Re: licenses for RPGs

2001-03-20 Thread David Johnson

On Wednesday March 21 2001 05:46 am, Ken Arromdee wrote:

 The Open Gaming license is closer to extortion.  The key is that game rules
 are not copyrightable, and normally you'd have complete rights to create
 D20-compatible material.  However, TSR threatens to sue people who do that.
 Since nobody can afford the cost of a lawsuit from TSR, TSR can prevent
 perfectly legal activity this way.

Don't I know it! I was once threatened with a lawsuit for creating a 
character generator for [unnamed company] ("We're planning to write our 
own"). 

I think the Open Gaming Foundation (aka TSR, aka WoTC) is quite hypocritical 
in demanding that all free games be copyleft. Yeah right! Maybe I'd pay more 
attention if it wasn't so gosh darned illegal to photocopy DD and give out 
copies to my players.

Oh, and since the possibility exists that some former [unnamed company] 
employees may be contributing to my project, the tables may yet turn.

-- 
David Johnson
___
http://www.usermode.org



licenses for RPGs

2001-03-19 Thread David Croft

 --- David Johnson [EMAIL PROTECTED] wrote:
 
 A while ago you may recall that I inquired as to
 free and open licenses for 
 documentation. I chose the FDL at that time since
 the document in question 
 was for software covered by the GPL.
 
 I am now creating a roleplaying game with some other
 people that needs a free 
 and open license. It may be some months before it is
 released.


If you have not done so already, check out:
http://opengamingfoundation.org/
http://www.opengamingfoundation.org/licenses.html
http://gamespawn.com/library/links/



-- 
David Wallace Croft
http://www.alumni.caltech.edu/~croft




Re: licenses for RPGs

2001-03-19 Thread David Johnson

On Monday March 19 2001 06:55 pm, David Croft wrote:

  I am now creating a roleplaying game with some other
  people that needs a free
  and open license. It may be some months before it is
  released.

 If you have not done so already, check out:
 http://opengamingfoundation.org/
 http://www.opengamingfoundation.org/licenses.html
 http://gamespawn.com/library/links/

The only licenses halfway-acceptable for me are the OOGl and OGL. I have two 
issues with them. First, they are lengthy and potentially confusing (to the 
user) licenses. 

Second, they are copyleft, and I am not desiring a copyleft license for this 
project. Unfortunately, the Open Gaming License will only approve copylefted 
licenses and games. In other words, I can release a public domain game and 
they would refuse to call it free and open.  If I wanted a copyleft license I 
would use the FDL, since it is the most sensible.

-- 
David Johnson
___
http://www.usermode.org