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<blockquote data-quote="AbdulAlhazred" data-source="post: 6255641" data-attributes="member: 82106"><p>I have to agree that TERMINOLOGY cannot be copyrighted, you can only copyright creative works, not words. This does get to a pretty fine degree of hair-splitting though, as WotC claims Beholder for instance. They can do this in the sense of the beholder as a creative work, the name, characterization, images of the creature, etc as a whole. A term such as "healing surge" however is very unlikely to be held subject to copyright by itself. Since RULES are facts and thus also not subject to copyright, the mechanics of a healing surge couldn't be covered either, though the exact words describing that mechanic MIGHT be. </p><p></p><p>Obviously the common ploy, and the one used by 13a I would assume, is to simply license under the OGL and in a legalistic sense claim your game is a d20 derivative of 3e effectively. </p><p></p><p>The big problems with 4e would be flavor text and perhaps the more colorful power names. There are also potentially design patents, which might cover unique design elements like stat blocks, power blocks, and maybe a few other things. </p><p></p><p>Honestly though, none of this matters. Hasborg has limitless lawyer money. All they need is a credible threat, which they certainly can put on the table, and any project, commercial or not, by anyone else is over. AFAIK they have never objected to any other P&P game, even when it was fairly similar to one of their own, so it is far from a sure thing they'd bother you. It is possible though, and it would suck.</p></blockquote><p></p>
[QUOTE="AbdulAlhazred, post: 6255641, member: 82106"] I have to agree that TERMINOLOGY cannot be copyrighted, you can only copyright creative works, not words. This does get to a pretty fine degree of hair-splitting though, as WotC claims Beholder for instance. They can do this in the sense of the beholder as a creative work, the name, characterization, images of the creature, etc as a whole. A term such as "healing surge" however is very unlikely to be held subject to copyright by itself. Since RULES are facts and thus also not subject to copyright, the mechanics of a healing surge couldn't be covered either, though the exact words describing that mechanic MIGHT be. Obviously the common ploy, and the one used by 13a I would assume, is to simply license under the OGL and in a legalistic sense claim your game is a d20 derivative of 3e effectively. The big problems with 4e would be flavor text and perhaps the more colorful power names. There are also potentially design patents, which might cover unique design elements like stat blocks, power blocks, and maybe a few other things. Honestly though, none of this matters. Hasborg has limitless lawyer money. All they need is a credible threat, which they certainly can put on the table, and any project, commercial or not, by anyone else is over. AFAIK they have never objected to any other P&P game, even when it was fairly similar to one of their own, so it is far from a sure thing they'd bother you. It is possible though, and it would suck. [/QUOTE]
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