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RPG Legalities: OGF/4eGSL/d20STL Discussions about the Open Gaming Movement, the Open Gaming License, along with WotC's GSL. This is the new home of the OGF-L and d20-L listserver discussions.

 
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Old 14th June 2008, 03:21 AM   #1 (permalink)
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LordKruge Goblin Sharpshooter (Lvl 2)
Specific Clarifications on OGL 1.0a

Ok, I'm not very good at legalese, and my search-fu is either weak or I'm not looking in the right places. Here are my specific questions about the "old" 3.5 OGL 1.0a (not the D20 license and not the GSL).

1. Can I use new attributes or am I stuck with STR, INT, WIS, DEX, CON, CHR?

2. Do I have to use any of the SRD races, classes, spells, skills and feats or can I simply toss all of them out the window and make my own?
2.a. If I do make my own, do they have to be Open Content?
2.b. Can the rules for said class or spell be considered open even if the name of the class or spell is considered closed due to IP purposes. (Like my version of Bigby's Crushing Hand or a Knight of Solamnia.)
2.c. If I do use an SRD race, such as Dwarf, do I have to use it as is, or can I change the race?

3. Can I make my own experience system and/or progression system?

4. Can I make my own HP/damage system?

5. For rules that I am not going to change, do I have to reword the SRD or can I just cut and paste?

6. If I came out with my own setting/worldbooks, could I designate it as IP content and not open?

If these are very old questions asked and answered I do apologize. I always get directed towards the official SRD, but as I said, I don't speak legalese very well.
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Old 14th June 2008, 04:26 AM   #2 (permalink)
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This is an oversimplification, but . . .

1. Yes, you can use new attributes.

2. No, you can simply toss all of them out the window and make your own.
2.a. Basically, you have to make all the mechanics Open Content.
2.b. You can declare the names closed or IP.
2.c. You can change the race.

3. You can make your own experience system and/or progression system.

4. You can make your own HP/damage system.

5. You can just cut and paste the SRD.

6. Basically, rules/mechanics that affect anything from the SRD have to be open, as does anything taken directly from the SRD or other open content; everything else can be closed.
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Old 14th June 2008, 05:08 AM   #3 (permalink)
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LordKruge Goblin Sharpshooter (Lvl 2)
Thanks for such a quick and complete answer.

One more question...

If I develop a new system out of whole cloth that uses nothing from the 3.5 SRD and uses all new mechanics, could I still publish it under the OGL1.0a so others could use the open content to publish their own material?
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Old 14th June 2008, 05:12 AM   #4 (permalink)
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Yes. Anybody can release anything they create under the OGL 1.0a. Mongoose, for example, is releasing (has released?) the totally non-D20 system behind their version of Traveller under the OGL 1.0a.
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Old 14th June 2008, 05:14 AM   #5 (permalink)
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Quote:
Originally Posted by LordKruge
Thanks for such a quick and complete answer.

One more question...

If I develop a new system out of whole cloth that uses nothing from the 3.5 SRD and uses all new mechanics, could I still publish it under the OGL1.0a so others could use the open content to publish their own material?
Yes - and it has been done for games like Action and Spirit of the Century. However, I would recommend using Creative Commons because we don't know yet how the GSL will affect the OGL (IOW, using the GSL might stop people from using OGL in the same product but it won't stop people from using CC in the same product).
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Old 14th June 2008, 06:40 PM   #6 (permalink)
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Quote:
Originally Posted by Khuxan
(IOW, using the GSL might stop people from using OGL in the same product but it won't stop people from using CC in the same product).
They could just as easily target CC as they could OGL.
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Old 14th June 2008, 09:36 PM   #7 (permalink)
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Quote:
Originally Posted by jmucchiello
They could just as easily target CC as they could OGL.
Highly unlikely. OGL is supported by SRD. Also, targeting any other specific license means that it is possible to copy the content of targetted license and republish under new name.

Unfortunately, SRD is tied to OGL, so OGL's a sitting duck...

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Old 14th June 2008, 10:41 PM   #8 (permalink)
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The post above doesn't make any sense. I agree with jmucchiello.
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Old 14th June 2008, 11:06 PM   #9 (permalink)
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Quote:
Originally Posted by ruemere
Unfortunately, SRD is tied to OGL, so OGL's a sitting duck...
What stops the new license from saying "not compatible with any other licensed material"? It's a new license. It can say anything.
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Old 14th June 2008, 11:26 PM   #10 (permalink)
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Quote:
Originally Posted by LordKruge
Ok, I'm not very good at legalese, and my search-fu is either weak or I'm not looking in the right places. Here are my specific questions about the "old" 3.5 OGL 1.0a (not the D20 license and not the GSL).

1. Can I use new attributes or am I stuck with STR, INT, WIS, DEX, CON, CHR?
Make your own.

Quote:
2. Do I have to use any of the SRD races, classes, spells, skills and feats or can I simply toss all of them out the window and make my own?
Do what you want.

Quote:
2.a. If I do make my own, do they have to be Open Content?
To the extent they make use of any other open content.

Quote:
2.b. Can the rules for said class or spell be considered open even if the name of the class or spell is considered closed due to IP purposes. (Like my version of Bigby's Crushing Hand or a Knight of Solamnia.)
Yes.

Quote:
2.c. If I do use an SRD race, such as Dwarf, do I have to use it as is, or can I change the race?
Do what you want.

Quote:
3. Can I make my own experience system and/or progression system?
Yes.

Quote:
4. Can I make my own HP/damage system?
Yes.

Quote:
5. For rules that I am not going to change, do I have to reword the SRD or can I just cut and paste?
Cut and paste. That's what it's there for.

Quote:
6. If I came out with my own setting/worldbooks, could I designate it as IP content and not open?
Anything which does not derive from open content can be declared Product Identity.

The OGL isn't a "D&D license". It's a license to a piece of text. Games such as ACTION!, FUDGE, Spirit of the Century, and Tristat-DX are all published under the OGL. All of them can be freely cut, pasted, mixed, and matched. You can produce *anything* under the OGL (provided you don't violate copyright). It does not need to have the tinest resemblance to D&D.

Most of the things you ask are more relevant to the D20 STL, and the answers become very, very, different.
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Old 15th June 2008, 12:54 AM   #11 (permalink)
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Khuxan Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by jmucchiello
What stops the new license from saying "not compatible with any other licensed material"? It's a new license. It can say anything.
Legally, yes, Wizards of the Coast could make the GSL incompatible with CC. But there's no reason for them to do so. There's a huge incentive to make it incompatible with the OGL, on the other hand.
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