Theory :At what point does a person have to cross to no longer be bound by the OGL?

[Evenglare]

So question, say (hypothetically of course) a person was creating their own game but they start using the rules of 5e or 3.5 (I'm assuming material from 5e would be justified using OGL which may not be the case). What changes would one have to make to the system to define it as their own game? I'm no lawyer and I speak no legalese. The only things I can seem to conclude is that rule mechanics can't be copyrighted but the presentation of the rules can.

So what's the point of no return? Do you completely change up the names for everything like stats, items, races etc? Can you still keep the mechanics of the system like AC or the Saves or whatever? Must you invent new rules? If so, then what would stop wizards from making their own "variant rule" that is similar to the one you made? Thus the variant rule would instantly be under the OGL instantly invalidating what was essentially your own created rule (this assumes that rules must be changed to sneak past the OGL).

Anyway, are there any ideas on what makes a game OGL or not?

 

[delericho]

Nobody knows. The only way to find out for sure would be to publish, let WotC issue a C&D, and then fight them through the courts to judgement.

Are you volunteering?

 

[steenan]

In general, you are never bound by the OGL unless you want to (and put the text of the license in your game). But what the OGL does is removing some restrictions that come from the copyright. And the copyright is what you need to be careful with when publishing your game.

In general, game mechanics can't be copyrighted; the text used to express them can. If you rewrite the system using your words and your terminology, you're fine.

Single mechanical terms can't be copyrighted as they are common words and have been used in other games, too. But reusing too much of the WotC terminology puts you in danger.

To get more details you probably need to consult a lawyer.

 

[Wicht]

Anyway, are there any ideas on what makes a game OGL or not?

A game is OGL if you intentionally release it under the OGL. Otherwise its not.

As has been stated, rules are rather flexible in how you can use them, adopt them, etc., but if you start blatantly plagiarizing, you are going to be in trouble. The OGL allows you to reuse OGL rules without have to worry about this.

Personally, if you create your own game but use the framework of an OGL game to do so, I think you should just go ahead and make your game OGL.

 

[Umbran]

A game is OGL if you intentionally release it under the OGL. Otherwise its not.

This is the point. Being OGL is a matter of choice.

Of course, if you choose not to be OGL yourself, you lose the right to use OGL content.

"How close can I be to an OGL game, and not have to use the OGL?" Is a different question.

But, why ask it? Why not use the OGL? Is your stuff really so good and will be so valuable that you want to make others pay to use it? If not, just use the OGL.

 

[Morrus]

Yeah, like everyone else said, the OGL only applies to you if you decide to use it. You aren't automatically party to a contract you've never seen.

 

[Tonguez]

So I could release a game using D20+skill vs Difficulty Test (DT), with Class Talents, Skills and Feats, six stats (Physique, Agility, Edurance, Intelligence, Wisdom and Presence) and a combat system using Battle Skill (BS) vs Defence and it would be fine even without an OGL?

hmmm thats - something

could I marketing it as an "Original d20 system"

 

[Morrus]

So I could release a game using D20+skill vs Difficulty Test (DT), with Class Talents, Skills and Feats, six stats (Physique, Agility, Edurance, Intelligence, Wisdom and Presence) and a combat system using Battle Skill (BS) vs Defence and it would be fine even without an OGL?

Easily.

could I marketing it as an "Original d20 system"

No, "d20 System" is a trademark. You'll need to come up with your own name.

 

[Wicht]

So I could release a game using D20+skill vs Difficulty Test (DT), with Class Talents, Skills and Feats, six stats (Physique, Agility, Edurance, Intelligence, Wisdom and Presence) and a combat system using Battle Skill (BS) vs Defence and it would be fine even without an OGL?

hmmm thats - something

could I marketing it as an "Original d20 system"

The real question is why you would want to do such a thing? If you are in fact building a system that is built with the core OGL d20 mechanics, why not just claim OGL. Refusing the OGL does not actually add value to your product (in fact, systems that are OGL have a greater inherent value because they can be used for the game itself and also in other products thereby creating a greater web of utility and interconnectedness). Moreover, consumers aren't stupid and if you are using d20 mechanics, it will be obvious where your ideas come from. Failure to acknowledge source, and then going further and trying to falsely claim originality, tends to rub the wrong way.

I am truly curious as to what the perceived value of the path you are suggesting would be? Or is it merely an intellectual exercise?

 

[Tonguez]

The real question is why you would want to do such a thing? If you are in fact building a system that is built with the core OGL d20 mechanics, why not just claim OGL. Refusing the OGL does not actually add value to your product (in fact, systems that are OGL have a greater inherent value because they can be used for the game itself and also in other products thereby creating a greater web of utility and interconnectedness). Moreover, consumers aren't stupid and if you are using d20 mechanics, it will be obvious where your ideas come from. Failure to acknowledge source, and then going further and trying to falsely claim originality, tends to rub the wrong way.

I am truly curious as to what the perceived value of the path you are suggesting would be? Or is it merely an intellectual exercise?

merely intellectual at this point. Before 3e I was actually toying with a 2D10 percentage based system (with skills and talents (ie feats)), which otherwise worked very much like the d20 system did, as such when d20 came out I abandoned my dabbling