Can you use copyright and the OGL to make a hybrid 3E/4E product?

[Treebore]

I agree that going completely the copyright route would probably be the best (safest) way to go, but I suspect using OGL in combination with copyright can be done, just be confident in your work.


Why do people keep claiming that game mechanics cannot be copyrighted is a misconception? They can't. US Copyright law very clearly states this as fact. IF it was copyrightable you would see WOTC saying so in their Trademark and Copyright declarations. They don't declare it because they cannot do so.

If you want to insist that they can then show me the copyright. You can't.

I can copy and paste the section of Article 17 of US copyright law that very clearly says why they cannot copyright them.

 

[Treebore]

Since someone is inevitably claim I am wrong, here is the relevant part fo US Copyright Law:

"(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

I have also read WOTC's declarations of copyrights and trademarks in the front of their books. I did not see anything indicating any of their rules mechanics, etc... are copyrighted or even Trademarked.

I know I miss things, even after reading them 3 to 5 times, so feel free to point out anything I missed.

Do not confuse "D20 System" with the actual rules mechanics themselves, that refers to the D20 System license, not the rules and mechanics themselves. Which is proven by their use of the copyright license when they us the phrase "D20 System License".

So the "In no case..." is pretty darn conclusive. Their game mechanics/rules are not, and cannot, be copyrighted "In no case..." what so ever.

Disclaimer: I am not a lawyer, I just read the laws and believe I am capable of reasonable comprehension of them. So if you go to court using my statements as your evidence your making a big mistake. I am in no way offering up my interpretations of my readings as legal advice. In any of my posts, in any thread.

 

[Paradigm]

Not a lawyer, but if your don't want to use other declared open content, then why would you bother with the OGL in any product?

 

[Angellis_ater]

Not a lawyer, but if your don't want to use other declared open content, then why would you bother with the OGL in any product?

To open up what you write for OTHERS to use? To share as much as we've been given over time? To expand on the potential support? To gain some wind in the sails from the OGL movement? All viable, and good, reasons.

 

[Ranger REG]

There's been a lot said lately about how several companies (such as Adamant Entertainment, Kenzer Co., and possibly Goodman Games, among others) seem to be using existing copyright law to print 4E-compatible products without actually using the GSL. Likewise, there's a lot of companies staying (in whole or in part) with the OGL.

My question is, if you use the copyright angle to make 4E products, is there any particular reason you couldn't print a book with both 3E stats (under the OGL) and 4E stats (via copyright fair use) in it?

"Fair Use"? Under what part of the Policy?

Personally, don't count on there being dual-stat product to include OGL and GSL content.

 

[Fifth Element]

Why do people keep claiming that game mechanics cannot be copyrighted is a misconception?

Who claimed that? Game mechanics do not fall under copyright, but specific descriptions of game mechanics (such as those found in the 4E PHB, for example), are protected by copyright. So if you're going to use the same mechanics, you'll have to write your own descriptions. You can't use WotC's descriptions.

 

[Fifth Element]

"Fair Use"? Under what part of the Policy?

Yeah, that wouldn't be fair use. Fair use, I believe, involves legally using copyrighted text without the copyright holder's permission. "Going copyright" to produce a 4E-compatible book would not use any copyrighted text, or else trouble would ensue.