Darrin Drader
Explorer
Philomath said:Worst case scenario: some of the 0.25 added to 3.5 will be regarded as Paizo attempting to kill 4E and take its (non-OGL) stuff. Paizo could be a big enough target for WotC's lawyers. Paizo will either have to stick close to 3.5 (and all its flaws) or tread carefully.
I'm pretty certain that WotC's lawyers wouldn't have a leg to stand on if they did try to do something about this. All Paizo would have to do is point to the plethora of other alternate Player's Handbooks that were released between 2000 and 2008 and point to the terms in the OGL. Case dismissed. End of story. One of the things WotC is required to do if they ever would have wanted to protect their 3rd edition D20 game was (A) Not release an OGL that granted permission to add and modify rules, and (B) had they done A, go after anyone who had published such content. Since its gone for eight years unchallenged, they would have an uphill battle. The OGL is out there under the terms that you can use any version of it you wish, and there is no embedded end-date, so there's absolutely no legal reason people can't continue to use it.
That said, congrats to Paizo! I think this is a bold move from a bold company, and I like the way this is being handled. I like the fact that the new rules are being released for free in an open beta test, out in the open where people can use them, comment on them, and ultimately, help them make it better. I like the fact that they aren't going to some new proprietary system.
I'm going to be watching this with great interest.