gets to the Section 15 put:
"12 Tribes of Israel: Part 2"; author Daniel Perez, and "Ostraca:
Ostraca," author Spike Y Jones, Targum Issue #2; publisher Highmoon
Media, copyright 2006 -- and then include the Testament-derived
Section 15.
then, in big, bold letters:
OR
"
d20, as
> you likely
> know, is that restrictions against software are pretty stiff.
Have you checked to make sure that there are no similar restrictions
regarding the use of Star Frontiers? The game may be defunct, but the
copyright and trademarks are still held by WotC/Hasbro.
Spike Y Jones
to the use of a
d20 in a logo. (But since I wasn't involved at all in the project, I
may be misremembering.)
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eed i re-write it or can i use the text exactly as it appears in
> the source.
Assuming you do everything else correctly (include all sources in
your Section 15, for instance), yes, you can use text verbatim from
either or both SRDs, and you can also modi
set out in the "advice"
section of the book exactly; it happens to be a very clear and
accurate description of how to use the OGC in that book. The "this is
not legal advice" line is a legal disclaimer designed to protect the
publisher in case something goes wrong.
Spike Y J
information? Does
> the answer change if they make layout changes or small edits?
I'd say if you made any changes at all to the words (adding any,
subtracting any, rearranging any for clarity or what have you) then
it's no longer the original work but something ne
because he disputes the
validity of your parsing of that part of the license to come up with
the phrase in the first place.
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opted that interpretation (or if they have, then they're been
deliberately breaching the license), but I haven't taken a survey to
see which interpretation is in the majority.
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yes, WotC made the final decisions regarding the OGL (and
D20STL), but not independent of the concerns of other members of the
game industry.
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hem to recall exactly how many of those separate and
individual reuse licenses there'd been in the two decades before the
OGL.
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material from the PHB, not the
other way around. And that makes all the difference.
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s first released as OGC in its core books
and then in an SRD, so you could take material from both places, but
the key principle behind the two remains the same: By putting all the
OGC in an SRD and pointing people there if they want to do any OGC
borrow
delf and some others have compiled longer lists of
revisions they'd like made. Whether they count as *good* ideas for
revisions is for each of us to decide on our own.
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tors or explanations can be useful in conjuntion with
bald "these words are PI" declarations.
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le to make a valid Product
Identity claim) but at other times they can only provide analogies
and parallels because users of the OGL agree not to play by all the
IP laws that pertain to the outside world.
One of the tricky things is knowing when one stops a
nspired
concept then Mongoose shouldn't have claimed "firbolg" as PI since
they have no ownership grounds.
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On Mon, 15 Aug 2005 12:04:53 -0400
Brett Sanger <[EMAIL PROTECTED]> wrote:
> On Mon, Aug 15, 2005 at 10:09:02AM -0400, Spike Y Jones wrote:
> > I still say the easiest course is likely to be to get in touch
> > with Mongoose and see what can be worked out.
>
> It cer
ether
he can ignore the letter or whether he has to do something).
I still say the easiest course is likely to be to get in touch with
Mongoose and see what can be worked out.
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n, if
there was an OGL Buffy the Vampire-Slayer Game, the publisher
wouldn't be able to PI the word Spike as it applied to one of the
characters in that series?)
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from Mongoose's content
> and thus you can use them freely.
Is this your opinion (which I agree with, by the way) or has this
been officially declared to be the correct interpretation of the
ambiguous license terms by WotC and/or a court of law?
Spike Y Jones
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vent you from using them in OGL books
even if you'd never seen my book.
Only if you accept the most extreme position in both these cases is
the declaring the OED PI tactic a problem for anyone.
But some people have argued for more limited readings that *do* ma
On Fri, 12 Aug 2005 14:07:12 -0500
"Tim Dugger" <[EMAIL PROTECTED]> wrote:
> On 12 Aug 2005 at 13:47, Spike Y Jones wrote:
>
> > > This way you are officially declaring the source of your terms,
> > > which also indicates that you are NOT using anybod
reading of the PI terms of the license you go
with, doing this isn't necessarily going to get you anywhere.
> I would also suggest including a bibliography of the books you
> used, but the OGL does not allow for that.
I don't recall bibliographies being specifically banned by the O
otentially
sour relations with Mongoose in the future, and to entangle anyone
who borrows OGC from you in any future haggling that might occur.
(Obviously, this last is something one would only do because of some
type of moral conviction or philosophical position or intellectual
po
f the form of the Section 15 notices that Atlas
Games uses for some books: "Open Game Content from [title], copyright
[date], Trident, dba Atlas"?
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on't register things as copyright, you just declare them to be
> copyright.
I think you're wrong here.
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duplicative feat, especially if you can mount any sort of
credible "independent development" defence.
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posted their OGC and PI
declarations on the list before going to press in order to get
last-minute advice.
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it will make a
cautious reuser pause before assuming a proper name that wasn't on
your specific list, and a conscientious reuser e-mail you to check on
the name's status before using it himself.
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e a novel identical to a copyrighted work. City
> of Heroes
> can't be held liable because players are able to build a hulking
> brute
> superhero, color his skin green, and name him The Hulk.
And they aren't able to name him The Hulk; apparently the moderators
cul
e) that may be related to the covered product. Therefore your
advertising, your website, your spoken line of patter during a
convention demo wouldn't be a covered product, and therefore wouldn't
have to abide by the OGL rules.
Spike Y Jones
_
ced within the d20 collections of an
average-sized gaming group, and if he wants AEG to do something about
the problem, my guess is that this is the *only* way (short of the
first-ever Section 15-based lawsuit) of seeing that accomplished.
You balance the benefit
e from your e-mail onto their
Web page. You could also cc: a copy of that corrected list here, so
that people using the book who might not visit the company's Web site
will have a chance of running across the correct version.
Spike Y Jones
_
ecall there is at least one product out there that
> has used OGC from something else *before* that other thing was
> published!
If we're talking about the one I'm thinking of, the situation should
be rectified shortly with the publication of the delayed first (or
second,
e list of changes to D&D between 3.0 and 3.5.
What he's looking for is the list of changes to the SRD between 3.5's
initial release and today.
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m Publisher A?
If the About The Author sidebar is in, say, an introduction that
Publisher B decides neither to release as Open Content nor to declare
PI, and it that means that it's then outside the Covered Work and so
normal copyright law would hold sway, sure
;material not a part of the
covered work and therefore not dealt with in the license except in a
few tangential places." Lee's definition and designation is the most
accurate, but "closed content" is the most commonly-used term for
this third category of material.
Spike Y Jones
the OGL into a true safe-harbour is dropping the PI
> and the trademark regulations, and then it would become enforceable
> not only in the US but elsewhere as well.
But if the PI and trademark regulations weren't there, many U.S.
companies would never have publi
lawyer, before tossing it.
Not just a lawyer: some of the reasons for using the OGL are related
to existing conditions in the game industry (e.g., customer and
professional familiarity with the license) that might make up for any
perceived legal deficiencies in the license.
Spi
o don't would have to have the owner of the artwork put a PI
declaration within the publisher of the work's own OGC/PI
declarations; they couldn't merely declare it outside of the scope of
the OGL, since they don't believe there is such a thing.
Spike Y Jones
_
GL)
and still end up PIing things like "Gold" (because of blanket
statements, for instance).
Personally, I think 2, 3, 4, and 5 cover probably 95% of all cases.
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still closed nonetheless) that many users of the license argue
exists.
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7;m saying
is that it's silly to say that PI licenses go against the spirit of
the OGL when they're actually specifically mentioned within the OGL
itself. Obviously, the drafters of the OGL wanted PI licenses to be a
part of the universe of options avai
k that doesn't use the OGL at
all, then declaring any part of it Product Identity is silly; the
OGL-derived concept of Product Identity doesn't have any meaning
outside of the OGL.
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h
terposing Hand," and there are spells in the SRD called
"Magnificent Mansion" and "Interposing Hand", and the former are
off-limits, while the latter are Open Content. (The parallelism is
inexact, because WotC didn't use PI to accomplish this, but it's
instructive nonetheless.)
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On Fri, 20 Feb 2004 18:31:59 +
Rob Myers <[EMAIL PROTECTED]> wrote:
>
> If I try to copy/derive from/distribute something that isn't mine
> to do so, it's not legal anyway.
>
> Does section 5 simply make this explicit to people (which is still
> a good thing, as many people don't seem to get
't need any special section of the OGL to cover a plain
copyright infringement.
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y.
Yes, Lee, you're correct again.
I'm sorry everyone; I'm having a no-caffeine morning.
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to the two
> > of them is ridiculous.)
>
> Just, as a point of clarification, I didn't make such a
> suggestion. In fact, I commented when Clark said that "spell
> names from R & R are PI of Clark and used by permission" is, for
> me, an insufficient
ou to replace the word
"eclipse" anywhere else it appears in the text of your book, using
"occultation of the sun by the moon" when referring to the celestial
occurence, and "overshadowing of celebrity" when used in a career
sense, etc.
Spike Y Jones
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PI happened to be.
(And the suggestion that he buy a copy of both Book Y and "Lee's Book
of Superheroes" and then spend some hours line-by-line cross-checking
the two to see what material is common to the two of them is
ridiculous.)
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owings unemcumbered by a separate license (which would be
"idiotic" to use tertiarily), and which are the spells used under the
R&R license (which would be even more idiotic to use third-hand,
because of the existence of the separate license)?
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I think calling PI licenses like those used by Clark and others as
> "crippling" the OGC is a little far fetched.
Okay, then call it "crippling the OGC but providing an optional
wheelchair to help with the PI".
Spike Y Jones
_
ple the OGC in
order to discourage borrowing of any kind (something that has been
suggested on this list has happened in the past)(although not
necessarily related to this specific case), then 3 would make the
original publisher happy as well.
Spike Y Jones
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but "the spirit of the OGL" is something even more difficult to
pin down than the meaning of some of "the words of the OGL".
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"words" -- but are not
> identical:
>
> * Weapon of Shadow
> * Shadow, Weapon of
These would be fair, but could be seen as tweaking the nose of the
original creator (especially the second, which is arranged
specifically to look like the original).
Try Shade Sword o
On Tue, 27 Jan 2004 14:00:08 -0500
[EMAIL PROTECTED] (Spike Y Jones) wrote:
>
> Google search for Rolling Thunder CCG should get you some good
> hits.
Google-searching for Rolling Thunder Post-Mortem gets you an
especially informative hit.
Spik
On Tue, 27 Jan 2004 10:27:55 -0600
woodelf <[EMAIL PROTECTED]> wrote:
> >Rolling Thunder.
>
> Huh? Quick websearch doesn't seem to turn up anything relevant.
Google search for Rolling Thunder CCG should get you some good hits.
Spike Y Jones
__
lists, and to the difficulty of following the debate when it
was spread out over a half-dozen different places.
By putting up this website, Ryan's at least attempting to deal with
those two problems.
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ownloaded 2,241 times.
I think there's one important thing to note: your product is a free
download.
There's a lot of difference between someone telling you "There's no
market for your product," and someone telling you "Nobody would be
inte
mplates, I would
> not necessarily have to use the website S.15 since I would be
> creating my own mechanic out of a sentence I read on it. At least
> that's how I understand it at this point.
That's how I'd approach it. Your mileage may vary.
Spike Y Jones
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modifying
> anything he did?
Did the website material have a copy of the license? If so, then you
have to reference that in Section 15; you may not have seen the book,
but you saw the web material.
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On 11 Aug 2003 09:15:02 -0700
"Ryan S. Dancey" <[EMAIL PROTECTED]> wrote:
> On Sun, 2003-08-10 at 15:16, [EMAIL PROTECTED] wrote:
>
> > Personally, I don't think those restrictions are worth WotC's
> > time anymore
>
> Me neither, but I suspect our opinions are diametrically opposed to
> the cur
her to
> come up with any concept i want, and then source him. And he's not
> a gamer, and has essentially no truck with online stuff.
You'll note that in my longer version of what Ryan said, I used the
words "pre-existing body of" etc. If the concept didn't exist in
OGL framework that
can be shown to have existed prior to the PI claim." A mouthful,
which is probably why he shortened it to "from the public domain."
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blishers writing material based on the old version
will be shooting themselves in the foot.
Assume that 90% of all d20 products announced for the remainder of
2003 will be 3.5-compliant, and that the percentage will go up in
2004.
Spike Y Jones
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m that original Open source, and refrain from using
material that's derived (directly or indirectly) from the PI source.
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