Greg Benage
Legend
I think Ryan and Peter and the other decision-makers definitely contemplated the OGL being used for complete games, and that was part of its intent. I don't think their intent was for competitors to use the OGL and the Open Game Content they released under it to clone any version of D&D. If that was their intent, why weren't character creation rules designated as Open Game Content? In my view, their intent was always, "Make whatever you want, as long as we're selling Players Handbooks!"It wasn't intended for someone to use 3.5e to make 3.75e, 3.8e, or 3.9999e and compete with 3.5e or the eventual 4e. Especially not for free.
If I were Paizo or a retroclone publisher with significant business, the thing that would keep me up at night is character creation. It's core, it's fundamental to this genre of games, and it was never in any OGC released by Wizards. Would a court find that I crossed the line from function to expression in my character creation rules, and therefore, find that I infringed on Wizards' copyright? Is there anything in there I reproduced a little too closely?