RE: [Ogf-l] How much is "too much" for derivative works?

2004-09-14 Thread Martin L. Shoemaker
circuits on the copyrightability of game rules. >>   Please cite cases. I’m not saying you’re wrong, merely that every authority I had ever heard on the subject said that the non-copyrightability of game rules was a copyright office position statement which had never been tested in court. Now I’m

RE: [Ogf-l] "Stealing" OGC

2004-05-31 Thread Martin L. Shoemaker
onna happen, or at least is statistically likely: some company that has written some useful, desirable OGC will be out of existence five years from now, and asking for permission or clarification will be extremely difficult. Martin L. Shoemaker Microsoft MVP

RE: [Ogf-l] Creating A World For Release

2004-05-30 Thread Martin L. Shoemaker
e fact that you could grab the attention of a large publisher like White Wolf then doesn't mean somebody can repeat that trick today. It's not impossible, but a lot harder, I expect. It's just harder to distinguish yourself today than it was then. You were there early and did good wo

RE: [Ogf-l] "Stealing" OGC

2004-04-26 Thread Martin L. Shoemaker
ation to give you electronic files, PERIOD. Whether they would be wise to do so is a separate question. But if a publisher says, "I'll give you electronic files six months after release, but not day 1," and someone complains, I have NO sympathy. If you want it that badly, buddy, start

RE: [Ogf-l] what is OGC? - It's PORTIONS of your work according tosection 8

2004-04-14 Thread Martin L. Shoemaker
cated as OGC nor as PI is neither, even if it appears within the same product as OGC and PI. Martin L. Shoemaker Microsoft MVP: Visual C# [EMAIL PROTECTED] Tablet UML: The UML tool you don't have to learn! Now for sale at http://www.TabletUML.com! ___

RE: [Ogf-l] Re: Releasing a new system under the OGL

2004-04-09 Thread Martin L. Shoemaker
t that does not mean that PI is inherently immoral. It's a tool. Morality lies in its use, not in its being. Martin L. Shoemaker Microsoft MVP: Visual C# [EMAIL PROTECTED] Tablet UML: The UML tool you don't have to learn! Now for sale at http://www.TabletUML.com! _

RE: re[5]: [Ogf-l] Re: Releasing a new system under the OGL

2004-04-08 Thread Martin L. Shoemaker
se indications as to which content which > license applies). Yep. Which might render this scheme legal but infeasible. The work would essentially be the root of multiple derivation trees; and derivative-work creators who weren't aware of the license implications would be likely to cross-p

RE: [Ogf-l] How to go about releasing a system under the OGL

2004-04-07 Thread Martin L. Shoemaker
, our lawyer said it's OK, so we did it," is good advice to take to YOUR lawyer and see if it applies in your case. This list is a good place for general advice. There are a lot of experienced people here. But for "specifically", you specifically need to talk to a lawyer who r

RE: [Ogf-l] Potation?

2004-02-27 Thread Martin L. Shoemaker
Oops! Shoulda read, not just searched. Martin L. Shoemaker Microsoft MVP: Visual C# [EMAIL PROTECTED] Tablet UML: The UML tool you don't have to learn! Now for sale at http://www.TabletUML.com! > -Original Message- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED

RE: [Ogf-l] Potation?

2004-02-27 Thread Martin L. Shoemaker
> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On > Behalf Of Martin L. Shoemaker > Sent: Friday, February 27, 2004 3:32 PM > To: [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subject: RE: [Ogf-l] Potation? > > As you said: it's not a typo, but rather an unfortu

RE: [Ogf-l] Potation?

2004-02-27 Thread Martin L. Shoemaker
OGL licenses. The exceptions are two pages that look to have been translated from other languages, and I can't really get the sense from them. Martin L. Shoemaker Microsoft MVP: Visual C# [EMAIL PROTECTED] Tablet UML: The UML tool you don't have to learn! Now for sale at h

RE: [Ogf-l] Re: Product Identity does not mean "Everything that's notOGC"

2004-02-23 Thread Martin L. Shoemaker
pen content PREDATED Product Identity. And no matter how it may be stretched today, the fundamental motivation for PI was simply to allow a non-open name to appear within open text. One more time: Product Identity does not mean "Everything that's not OGC". Thst has been established

RE: [Ogf-l] PI Spell Names

2004-02-22 Thread Martin L. Shoemaker
> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On > Behalf Of Martin L. Shoemaker > Sent: Sunday, February 22, 2004 10:58 AM > To: [EMAIL PROTECTED] > Subject: Re: [Ogf-l] PI Spell Names I know: bad form to reply to myself. But I forgot to mention the one exception.

Re: [Ogf-l] PI Spell Names

2004-02-22 Thread Martin L. Shoemaker
GC. But I don't see anything close to proof that anyone is deliberately trying to hamper reuse. Mostly, I see different business judgments on the best balance between adding to the community and protecting investments (so you can KEEP adding to the community). If someone is foolish enough to inten

Re: [Ogf-l] Section 5

2004-02-22 Thread Martin L. Shoemaker
t it in my book, > but since I declared it Open Content, it's okay, right?" I think there's at least one other legal effect: if you violate that clause, you have violated not just law, but the license; and thus, you lose the whole license (and arguably for every product you have). Th

[Ogf-l] Product Identity does not mean "Everything that's not OGC"

2004-02-22 Thread Martin L. Shoemaker
I hate to be pedantic on this; but we all know that "PI == NOT OGC" is a really common misconception out there. If we get sloppy on our usage here, where some of us (not me!) have a large influence on open gaming in general, then we'll only add to the misconception e

RE: [Ogf-l] PI Spell Names

2004-02-18 Thread Martin L. Shoemaker
oint, he has no choice AND no problem: he has to reproduce your section 15 verbatim. Then, if he happens to reuse anything that you reused from R&R, he's covered. If he DOESN'T reuse anything, he's just reproducing your section 15. Martin L. Shoemaker [EMAIL PROTECTED] Tablet U

[Ogf-l] [OT] Rolling Thunder (was Ryan Dancey: Origins Bummer)

2004-01-27 Thread Martin L. Shoemaker
ed LIMITATION on free speech -- is his protection for that. Inconsistent: The very page where he adamantly asserts his copyrights -- as is his right -- is topped by a copyrighted image of Dilbert, without any evidence of a license. Martin L. Shoemaker [EMAIL PROTECTED] Tablet UML: The UML t

RE: [Ogf-l] New Material Added to SRDs

2004-01-24 Thread Martin L. Shoemaker
> Classes II on > > the Modern SRD page. :-) > > Thanks a lot ! I hadn't seen that the basic MSRD had been updated too. > > Guilhem, feeling s stupid for his fist post on this list If that's the least stupid thing you post, you'll never fit in around here. W

RE: [Ogf-l] Ryan Dancey: Origins Bummer

2004-01-22 Thread Martin L. Shoemaker
't think this list is the right venue. The majority of interested game producers are NOT going to be found here. Just the opinion of a guy who's not (yet) a game producer... Martin L. Shoemaker [EMAIL PROTECTED] Tablet UML: The UML tool you don't have to le

RE: [Ogf-l] Why OGL? [bcc][faked-from]

2003-11-17 Thread Martin L. Shoemaker
... I suspect it's not the size of the fish that counts, it's the size of the fish's wallet. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] Why OGL? [bcc][faked-from]

2003-11-15 Thread Martin L. Shoemaker
Well, if that's your plan, I might suggest not announcing it on a public list where Wizards' personnel are known to participate. You might fly under their radar, or you might not. That's your risk to take on. But as for why should you bother? Because the SRD rules represent a MASSIV

RE: [Ogf-l] difference between OGL 1.0 and 1.0a

2003-09-12 Thread Martin L. Shoemaker
t to remove that line. And you're right, they forgot to update Section 15 appropriately. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: 37 questions (was re: [Ogf-l] Re: Possible Formation of Project)

2003-08-14 Thread Martin L. Shoemaker
> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf > Of woodelf > Sent: Tuesday, August 05, 2003 2:59 PM > To: [EMAIL PROTECTED] > Subject: RE: 37 questions (was re: [Ogf-l] Re: Possible > Formation of Project) > > > At 13:31 -0400 8/4/03, Martin L

RE: 37 questions (was re: [Ogf-l] Re: Possible Formation of Project)

2003-08-10 Thread Martin L. Shoemaker
o one if you answer 'no' to the other. If > you want it to be a 'yes' answer for safe compliance, it needs to be > "Does all of your PI appear within material marked as OGC?" I like that wording. Clearer. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! <>

RE: [Ogf-l] huh?

2003-08-06 Thread Martin L. Shoemaker
NOT OGC. That would make copying the whole file a violation of the license. The material would still be reuasble by retyping and by going back to the original source; but anyone who wanted the indexing and such legally would have to buy a copy. Has anyone seen this product? I'd like to kn

RE: 37 questions (was re: [Ogf-l] Re: Possible Formation of Project)

2003-08-04 Thread Martin L. Shoemaker
> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf > Of woodelf > Sent: Monday, August 04, 2003 11:57 AM > To: [EMAIL PROTECTED] > Subject: RE: 37 questions (was re: [Ogf-l] Re: Possible > Formation of Project) > > > At 6:00 -0400 8/4/03, Martin L.

RE: 37 questions (was re: [Ogf-l] Re: Possible Formation of Project)

2003-08-04 Thread Martin L. Shoemaker
* Is it something that falls in the list of possible PI types? * Can you demonstrate/defend ownership of the PI? * Does the PI ever appear inside material marked as OGC? A masterful effort, Doug! Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] Possible Formation of Project

2003-08-02 Thread Martin L. Shoemaker
ywhere it appears, not in some separate compilation"... Then your conclusion seems like the logical outcome. The binary contains OGC and is unreadable; and the source is readable but separate. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to

RE: [Ogf-l] Possible Formation of Project

2003-08-02 Thread Martin L. Shoemaker
violation. If you then post that character on a Web site, you're in violation, but I'm not. Once you have distributed in compliance with the license, you're not responsible for what your users do with it. (Warning: no lawyer here. But I think th

RE: [Ogf-l] Possible Formation of Project

2003-08-02 Thread Martin L. Shoemaker
your source there appears anyone else's OGC, or anything derived from anyone else's OGC, then your source has to be human readable and licensed under the OGL. Don't blame me. I wish it wasn't like that. But that appears to be how Wizards views it. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] Possible Formation of Project

2003-08-02 Thread Martin L. Shoemaker
ould be clear indication. And I think that if you put these together, they would allow for some nifty OGC components that would allow many software developers to build cool tools and cool adventures on top of a common base of components. But what I think doesn't mean a thing in this. It

RE: [Ogf-l] "D20" as Product Identity

2003-07-24 Thread Martin L. Shoemaker
tion clause of the OGL WOULD kick in, but ONLY for my immediate license to any sublicensors: that one PI claim would be invalid, but the rest of the license would stand. So for instance, my PI claim on "The Feet-apart-arms-joined-straight-out-in-front-pistol-pointed-forward-eye-line d-up-for-t

RE: [Ogf-l] "D20" as Product Identity

2003-07-22 Thread Martin L. Shoemaker
s on this list that would never have occurred if the license were as plain in this regard as what you just wrote. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] understanding the D20 licensing

2003-07-20 Thread Martin L. Shoemaker
I suspect they make 13,200 look pretty small. The whole Open Gaming movement is such an "Inside Baseball" sort of thing: even where it benefits the mass market a lot, the market only sees the results, not the inside details. And many will ignore the details, and some will just make up

RE: [Ogf-l] RE(2): Independently Designed OGC/PI Clashes

2003-07-02 Thread Martin L. Shoemaker
ead simply *isn't* > "Product Identity" as far as *your* contract is concerned. > > Leastways, that's my interpretation. I like that interpretation. I have no idea what a court will say, but it makes sense to me. Thanks! Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] OGC/PI (again)

2003-06-30 Thread Martin L. Shoemaker
> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf > Of Doug Meerschaert > Sent: Monday, June 30, 2003 10:44 PM > To: [EMAIL PROTECTED] > Subject: Re: [Ogf-l] OGC/PI (again) > > > Martin L. Shoemaker wrote: > > >Go! Wives are more important t

RE: [Ogf-l] OGC/PI (again)

2003-06-30 Thread Martin L. Shoemaker
ch more messy when they have to decide the intent behind those words. > I hope I'm explaining my point all right, but my wife is here so I have to > leave work (where I'm posting from). Go! Wives are more important than gaming! (Diving for cover after that remark...) Martin L. Shoem

RE: [Ogf-l] RE(2): Independently Designed OGC/PI Clashes

2003-06-30 Thread Martin L. Shoemaker
" game with IP if > someone is going to try to jerk with the license on a dubious reading. Ummm... There's no reason to get violent. I want you to be right, remember. But I don't see consistency in "PI is only protected through derivation" vs. "Trademark is protect

RE: [Ogf-l] RE: Independently Designed OGC/PI Clashes

2003-06-30 Thread Martin L. Shoemaker
s total junk -- it'll do nothing but foment legal battles over who has a PI declaration in a short write-up they gave to their gamer buddies.    I so much want Mike to be wrong; but I have no legal training to support me on this.   Martin L. Shoemaker[EMAIL PROTECTED]http://www.TabletUML.com -- The UML tool you don't have to learn! 

RE: [Ogf-l] RE: Independently Designed OGC/PI Clashes

2003-06-30 Thread Martin L. Shoemaker
ectly derived from X). But just because that makes sense to me doesn't mean it makes sense from a contract perspective. It may be valid contract law to say that W cannot reproduce Q1 because of the PI restrictions of X. What an alphabet soup! Martin L. Shoemaker [EMAIL PROTECTED] http://www.Tabl

RE: [Ogf-l] [PRESS] Guardians Of Order Releases BESM d20 SRD Under OGL

2003-06-26 Thread Martin L. Shoemaker
es, but the press release specifically refers to an SRD for a d20 System game. The Action! SRD is an Action! System game. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! __

RE: [Ogf-l] Mongoose's d20 Cyberpunk

2003-06-13 Thread Martin L. Shoemaker
y gives them a mechanism to correct the OGC under the license and thus remove the term that was erroneously listed in OGC. Martin L. Shoemaker [EMAIL PROTECTED] http://www.TabletUML.com -- The UML tool you don't have to learn! ___ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

RE: [Ogf-l] Mongoose's d20 Cyberpunk

2003-06-12 Thread Martin L. Shoemaker
t;scrubbing" and eschewed the PI route, then when something slips past the scrubbers like this, there's no PI protection. (In hindsight, I guess that it would have been a lot better to scrub AND claim PI, just as a precaution.) Martin L. Shoemaker [EMAIL

RE: [Ogf-l] RE: Press Releases and indicating compatibility

2003-05-27 Thread Martin L. Shoemaker
t makes it hard for Wizards to sue. Of course, it also makes it hard to do certain kinds of products. But if I were making such a product, I would trust market awareness to make the association between my product and d20. I'd avoid giving ammo to the litigious creeps. Martin L. Shoemaker Martin

RE: [Ogf-l] SRD question

2003-04-06 Thread Martin L. Shoemaker
longer available on the WOTC website. They > were there yesterday, but now they are missing. I can reach any > portion of the SRD except for any page containing monsters (including > psionic monsters) They're up now, at http://www.wizards.com/D20/article.asp?x=srd. Martin L. Sho

RE: [Ogf-l] Greetings and a question

2003-04-06 Thread Martin L. Shoemaker
like the OGL and software, the Gentleperson's Agreement is a topic that will keep coming up for a long time to come...) Martin L. Shoemaker Martin L. Shoemaker Consulting, Software Design and UML Training [EMAIL PROTECTED] http://www.MartinLShoema