Legal advice for new d20 system

[ameinild]

Hi all!

I'm tinkering with the idea of making a new d20 system, with new classes, new powers etc., heavily inspired by 4th edition and d20 modern, but simpler, and suitable for modern play also.

Are there any legal complications involved in designing a new system, inspired by these systems? I'll use the terms powers, feats, skills etc, and call the system something with d20.

Any problem with conversion guidelines from 3rd edition, 4th edition and d20 Modern?

Should this be published under any special license, or am I free to publish under normal copyright, or any license I choose?

All input greatly appreciated.

EDIT: I'm currently looking at the True20 system, and I'm thinking about copying their model... However, as I see it, if I made the system available for free, 3rd party publishers could take the entire thing and sell it with their own modifications...

 

[Morrus]

There are currently two licenses which could apply, depending on what you eventually did.

The 4E Game System License (for 4E compatible stuff; quite restrictive)

The Open Gaming License (for OGL compatible stuff, such as True20)

The d20 System Trademark License is no longer in effect, so you can not use the d20 trademark on your product.

 

[ameinild]

This wont be 4E compatible under any circumstances - there are too many different things planned, like future stuff and such. Just to make one thing clear, does it mean I can't use the phrase "d20" in any combination in the name, like "d20 Ultra" or "d20 Special" or whatever I would like to call it?

 

[Brown Jenkin]

Hi all!

I'm tinkering with the idea of making a new d20 system, with new classes, new powers etc., heavily inspired by 4th edition and d20 modern, but simpler, and suitable for modern play also.

Are there any legal complications involved in designing a new system, inspired by these systems? I'll use the terms powers, feats, skills etc, and call the system something with d20.

Any problem with conversion guidelines from 3rd edition, 4th edition and d20 Modern?

Should this be published under any special license, or am I free to publish under normal copyright, or any license I choose?

All input greatly appreciated.

EDIT: I'm currently looking at the True20 system, and I'm thinking about copying their model... However, as I see it, if I made the system available for free, 3rd party publishers could take the entire thing and sell it with their own modifications...

The True20 system was based on the OGL with the True20 License applying to their modifications and use of the True20 logo. This means that like anything based on the OGL will be open to people reusing and moding some of your stuff for free. You will still have the option of making other parts into PI that is safe.

The 4e GSL is very restrictive and not likely good for use if you are trying to make your own system and not just publish for 4e.

Following copyright law is always an option, but one that will need a lawyer.

 

[ameinild]

Ok thanks for the info so far. Do you have any clue if I would run into trouble by porting some of these 4th edition mechanics to an Open Game License?
- Attack powers, including a similar (but not identical) power layout.
- Fortitude, Reflex, and Will defenses
- A simpler skill system like the one in 4th edition

Thanx in advance...

 

[Brown Jenkin]

Ok thanks for the info so far. Do you have any clue if I would run into trouble by porting some of these 4th edition mechanics to an Open Game License?
- Attack powers, including a similar (but not identical) power layout.
- Fortitude, Reflex, and Will defenses
- A simpler skill system like the one in 4th edition

Thanx in advance...

There were some people interested in creating an OSRIC type adaptation of 4e into OGL but that is a major project that would require some copyright lawyer input as well. I don't know what happened to them. Any use of 4e mechanics will be difficult to reproduce safely without legal advice.

Saves as defenses and simpler skill systems predate 4e so doing those as OGL should likely be safe.

 

[FormerlyDickensC]

Ok thanks for the info so far. Do you have any clue if I would run into trouble by porting some of these 4th edition mechanics to an Open Game License?
- Attack powers, including a similar (but not identical) power layout.
- Fortitude, Reflex, and Will defenses
- A simpler skill system like the one in 4th edition

Thanx in advance...

You're free to use the same mechanics all you want in your game. What you cannot do is express those rules in the same manner as WOTC does in its copyrighted material. This includes words and visual graphics.

The reason you would need to talk to a lawyer is determine what expressions of yours might or might not violate the expressions (copyright) of WOTC.

If you're not selling the material you produce, you are far less likely to be found (in court) to have violated the copyright...but this finding ultimately depends on many circumstances.

The real issue you face is that if WOTC gets irked by your project and sends your a C&D letter....will you have the confidence to continue knowing that they are just bullying you and you've violated no law (and if they still brought a claim, you'd hit them up for Rule 11 violation or equiv)...or will they actually have a case against you. This is where legal advice will first become practical (and of course in the prelim stages so as to prevent such an occurrence).

If your project is free (as in beer), then it will be hard for WOTC to claim damages and harder to show that you've failed the four factor fair use test. Fair use - Wikipedia, the free encyclopedia - if there is even found to be any violation in the first place. Fair use is basically a defense to being found to have violated a copyright. If you do it right, you won't ever reach this stage. But even if you do, the law is on your side.

Just express your material such that it is as dissimilar to WOTC as possible. And the actual mechanics are totally fair game. U.S. Copyright Office - Games

These opinions are my own and based on my own research into the matter, do not rely on the opinions. I am not a lawyer. But, honestly, you should be fine. If you're really worried then either don't do it, or talk to a lawyer.

 

[JohnRTroy]

If your project is free (as in beer), then it will be hard for WOTC to claim damages and harder to show that you've failed the four factor fair use test. Fair use - Wikipedia, the free encyclopedia - if there is even found to be any violation in the first place. Fair use is basically a defense to being found to have violated a copyright. If you do it right, you won't ever reach this stage. But even if you do, the law is on your side.

Actually, the part about it being harder to claim damages is false under US Law. The following statute was added to copyright law in 1997 to prevent people from saying that if you're doing it not-for-profit.

NET Act - Wikipedia, the free encyclopedia

This was passed in Congress when somebody successfully argued that point and won.

The only real good leg to stand on is "Game Mechanics are not copyrightable".