Orcus said:
Tree, would you quite it please.
OSRIC is, in my view, 100% illegal and infringing. I wouldnt touch it with a 10 foot pole. And doing what you call for is, in my view, similarly illegal.
Please quite holding up the fact that Wizards find OSRIC too irrelevant to take action against as some evdence of its legality.
That isn't the only evidence. The people behind OSRIC have had communications with WOTC, and they went forward with it. If WOTC wants to have a legal problem with OSRIC they better hurry up.
Even if OSRIC is illegal, which there is no legal proof that it is (meaning that no legal challenge has been made, not even a cease and desist letter), that doesn't mean a legal 4E OSRIC can't be created.
Besides, OSRIC is done in England, and only has to comply with English and international laws. Laws the US are obligated to accept and operate under due to various agreements. So maybe under US law it would be illegal if created and published in the US. Have you looked into it from that perspective?
I know that the US has had points of contention with international copyright in the past. Due to it being a bit "loose" in comparison to US law. So there are key differences that wouldn't hold up under US laws that would be just fine under English and international law.
So you are probably right about it not being legal under US law, but OSRIC falls under International laws. Which probably makes it legal in the US due to those trade and various other agreements I have mentioned.
So don't let fear control you! Look into it and do it if you think you can!
Like I have said elsewhere, copyright law is pretty easy to research now a days. Plus I have found numerous law professors open to answering e-mails. It isn't a mysterious issue that you need to go to the Oracles to find answers too.