Re: [Ogf-l] OGC contamination?

2006-09-07 Thread Ryan Dancey
On 9/5/06 8:04 PM, "Vicki Potter" <[EMAIL PROTECTED]> wrote:

> I maintain that, since the fluff text will be published again by the original
> publisher, that company can publish it without having to do so under the Open
> Game License.

You are correct.  All the non-derivative work they created can be
re-licensed as many times as they wish, under as many licensing regimes as
they choose to use.

Ryan


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RE: [Ogf-l] OGC contamination?

2006-09-06 Thread Matt Thomason \(DancingDryad.com\)
Beginning with the obligiatory IANAL.

I can't see any reasons why this can't be published as a 100% closed
product.  The OGL only applies to reuse of the original published
product.  I would say you are correct, and the original publisher has
the right to "rerelease" their original fluff text (which presumably
they own the copyright to) as 100% closed content without the OGL
attached.  They can't withdraw the OGL on the original publication, but
they can republish without it as long as they are not using any OGC from
anyone else in the republication.

The OGL applies only to their original release of their text - if they
want to go and reuse the same text and not release it under the OGL,
they are entitled to do that - in the same way that Wizards of the Coast
can publish the D&D rules in OGL form and then (because they own 100% of
the original copyright to it) publish them again in a 100% closed
rulebook.

The only factor that would prevent this product being 100% closed is if
the original company were using OGL sources to write their fluff text -
this is the bit to be careful about - do they (for example) reference
any monsters from OGL material which could not have been sourced from
anywhere else (in other words, monsters invented by another company and
then "borrowed" through use of the OGL).

If their fluff is absolultely, truly 100% their own and could have been
legally published in a standalone format without an attached OGL, then
as long as they retained the original copyright I would say they have
the legal rights to republish it.  The OGL is a licence for a specific
release of work, and not equivalent to releasing something into the
public domain (something you cannot take back for subsequent releases).

Or to put it in a far simpler sentence - I concur with what you have
stated below :)

- Matt

Matt Thomason
DancingDryad.com

> -Original Message-
> From: [EMAIL PROTECTED] [mailto:ogf-l-
> [EMAIL PROTECTED] On Behalf Of Vicki Potter
> Sent: Wednesday, September 06, 2006 4:04 AM
> To: ogf-l@mail.opengamingfoundation.org
> Subject: [Ogf-l] OGC contamination?
> 
> I maintain that, since the fluff text will be published again by the
> original publisher, that company can publish it without having to do
so
> under the Open Game License. In other words, the text published with
our
> licensed system would be 'closed', even though identical text
published
> elsewhere would be 'open.' That being the case, the OGL would appear
> nowhere in the product and thus none of the material, including the
> licensed mechanics, would be Open.
> 

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Re: [Ogf-l] OGC contamination?

2006-09-05 Thread Mark Wilkinson
You have a right to specify what, specifically, is open game content and what is not open game content.  An easy way to handle this, for example, would be to put game stats (closed content) in grey boxes and narrative (open content) without boxes.  Then you simply state that "all material in this product is contributed to open content except for material enclosed in grey boxes."  Viola.  Done.Mark --Mark WilkinsonTower Ravens[EMAIL PROTECTED] On Sep 5, 2006, at 9:04 PM, Vicki Potter wrote: Hi. I have an issue I hope folks can help with. We have a new modern horror game out with its own system. A company that has done a few horror supplements for d20 Modern is interested in reworking some for our proprietary system. However, those supplements were originally published as Open Game Content, as in "Everything in this product is Open Game Content." Some people in our company are concerned that re-publishing the fluff text with our mechanics will result in our mechanic becoming 'contaminated' and becoming Open Game Content.   I maintain that, since the fluff text will be published again by the original publisher, that company can publish it without having to do so under the Open Game License. In other words, the text published with our licensed system would be 'closed', even though identical text published elsewhere would be 'open.' That being the case, the OGL would appear nowhere in the product and thus none of the material, including the licensed mechanics, would be Open.   One alternative that's been suggested would be for the publisher to make some small changes to the text and then publish it with the licensed mechanics. That exact text would never have been Open in the first place, so it should not be an issue. However, if OGC can contaminate other material, then even one sentence that was not changed could still be considered OGC and possibly result in problems. I would rather not take this approach if it can be avoided.   Some of our people are having a hard time with this, and I would appreciate any corroboration or correction. Thanks.     Vicki Potter Editorial Minion Tabletop Adventures   www.tabletopadventures.com___Ogf-l mailing listOgf-l@mail.opengamingfoundation.orghttp://mail.opengamingfoundation.org/mailman/listinfo/ogf-l ___
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Re: [Ogf-l] OGC contamination?

2006-09-05 Thread David Bolack
On Tue, 2006-09-05 at 22:04 -0500, Vicki Potter wrote:
> Open Game Content." Some people in our company are concerned that
> re-publishing the fluff text with our mechanics will result in our
> mechanic becoming 'contaminated' and becoming Open Game Content.

It is solely dependant upon what *each* of these products defined as
OGC.

-- 
David Bolack <[EMAIL PROTECTED]>

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[Ogf-l] OGC contamination?

2006-09-05 Thread Vicki Potter



Hi. I have an issue I hope folks can help with. We have a new modern horror 
game out with its own system. A company that has done a few horror 
supplements for d20 Modern is interested in reworking some for our proprietary 
system. However, those supplements were originally published as Open Game 
Content, as in "Everything in this product is Open Game Content." Some people in 
our company are concerned that re-publishing the fluff text with our mechanics 
will result in our mechanic becoming 'contaminated' and becoming Open Game 
Content.
 
I maintain that, since the fluff text will be published again by the 
original publisher, that company can publish it without having to do so 
under the Open Game License. In other words, the text published with our 
licensed system would be 'closed', even though identical text published 
elsewhere would be 'open.' That being the case, the OGL would appear nowhere in 
the product and thus none of the material, including the licensed mechanics, 
would be Open.
 
One alternative that's been suggested would be for the publisher to 
make some small changes to the text and then publish it with the licensed 
mechanics. That exact text would never have been Open in the first place, so it 
should not be an issue. However, if OGC can contaminate other material, 
then even one sentence that was not changed could still be considered OGC and 
possibly result in problems. I would rather not take this approach if it can be 
avoided.
 
Some of our people are having a hard time with this, and I would 
appreciate any corroboration or correction. Thanks.
 
 
Vicki Potter
Editorial Minion
Tabletop Adventures
 
www.tabletopadventures.com
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