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Can you use copyright and the OGL to make a hybrid 3E/4E product?
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<blockquote data-quote="JohnRTroy" data-source="post: 4373794" data-attributes="member: 2732"><p>The big problem is that if you are using the copyright does not apply to games, using the OGL weakens your case.</p><p></p><p>The OGL is a license. By use of the license (assuming you are referencing the SRD), you are tactically admitting through use of the license that WoTC has the copyrights to the game. So it weakens your case to have a dual-stated supplement with 3.5 rules and the OGL and a 4.x ruleset with the claim of "game stats can't be copyrighted". </p><p></p><p>I could see a judge or lawyer arguing "If that's the case, why did you agree to use the OGL in the first place?". </p><p></p><p>Same with "reverse engineering" the game. If game stats can't be copyrighted, then trying to create an OGL alternative to 4e doesn't make much sense either. Just argue from the copyright standpoint. (If you're trying to reverse engineer the "fluff", that's a more complex battle and you'll either be violated copyright or have to make your stuff so different it won't serve the purpose).</p><p></p><p>Plus, I predict WoTC won't care if you go the copyright angle and take care not to cause product confusion, and don't damage the brand. I do think based on the GSL that anybody who actually tries to create an OGL version of D&D 4e ("aka D&D with the serial numbers filed off") will be sued because they probably don't want their product turned into a "generic version" under nobody's control.</p><p></p><p>The safest bet to me is, if you want dual stats, don't have any license at all. Because that will be safer. If you just want 3.5 stats, use the OGL as it stands and avoid all future editions of D&D compatibility. If you want 4.0, decide if it's worth it to use the GSL--if not, use the copyright argument and take steps to protect yourself.</p></blockquote><p></p>
[QUOTE="JohnRTroy, post: 4373794, member: 2732"] The big problem is that if you are using the copyright does not apply to games, using the OGL weakens your case. The OGL is a license. By use of the license (assuming you are referencing the SRD), you are tactically admitting through use of the license that WoTC has the copyrights to the game. So it weakens your case to have a dual-stated supplement with 3.5 rules and the OGL and a 4.x ruleset with the claim of "game stats can't be copyrighted". I could see a judge or lawyer arguing "If that's the case, why did you agree to use the OGL in the first place?". Same with "reverse engineering" the game. If game stats can't be copyrighted, then trying to create an OGL alternative to 4e doesn't make much sense either. Just argue from the copyright standpoint. (If you're trying to reverse engineer the "fluff", that's a more complex battle and you'll either be violated copyright or have to make your stuff so different it won't serve the purpose). Plus, I predict WoTC won't care if you go the copyright angle and take care not to cause product confusion, and don't damage the brand. I do think based on the GSL that anybody who actually tries to create an OGL version of D&D 4e ("aka D&D with the serial numbers filed off") will be sued because they probably don't want their product turned into a "generic version" under nobody's control. The safest bet to me is, if you want dual stats, don't have any license at all. Because that will be safer. If you just want 3.5 stats, use the OGL as it stands and avoid all future editions of D&D compatibility. If you want 4.0, decide if it's worth it to use the GSL--if not, use the copyright argument and take steps to protect yourself. [/QUOTE]
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Can you use copyright and the OGL to make a hybrid 3E/4E product?
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