(DaemonEye) Psionics Handbook Companion

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Psi SeveredHead (btw, haven't actually heard Severed Heads in years... kinda miss em... tiem to root through the old CD collection) - I offered my assistance as a publisher before the release of the product in question, but I do NOT have the time anymore for this (see my "broken ankle and promises" thread).
 

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After having read the publisher's other thread about how WotC is basically out to screw him over, I don't think people would want to be associated with the project, either. It's not quite as bad as having "Head editor of FATAL" on your resume, but it will keep climbing the charts so long as the publisher continues to suffer from "foot in mouth" syndrome.
 

Psi SeveredHead (btw, haven't actually heard Severed Heads in years... kinda miss em... tiem to root through the old CD collection) - I offered my assistance as a publisher before the release of the product in question, but I do NOT have the time anymore for this (see my "broken ankle and promises" thread).

I should say sorry twice, then ;)

Sorry about the whole broken ankle thing. I hope she gets well soon, and best of luck in the future.

Sorry for mentioning the PsiC too; I was commenting on something I knew little about.

There was a group named after me? Ok, I've got to get me an IP lawyer. What's the going rate on one, anyway? (Just kidding.)
 

FWIW, here's my take on all of this...

I am not a lawyer. I don't hire one to go over my products and make sure they are OGL/d20-STL compliant.

I do make sure they are OGL compliant the simplest way I know how...

Step 1: I grab the appropriate sections of the SRD. (I NEVER crack open a WotC book like the PH, DMG, or MM when I'm writing stuff). I create a new file and copy/paste the relevant sections into the new "working file".

Step 2: I grab stuff from other works that is relevant PROVIDED I CAN CLEARLY IDENTIFY IT AS OGC FROM THEIR DESIGNATION and immediately drop the appropriate info into the Section 15 of my product. As an example, I might pull text from Bastion Press' "Minions" book "since the entire text of [the] book" is designated OGC and I therefore know I'm safe. I then drop the appropriate text into the "working file."

Step 3: If there's something that I would like to include that I can't identify for sure is OGC, I send off an e-mail to the publisher that quotes the material I want to add and ask (a) "is this OGC" and (b) "if it's not, may I have permission to use it in this manner: <explains product idea>." When the publisher gets back to me with an affirmative (I say "when" because I have yet to see a d20 publisher say "no" if you make a reasonable request) - and ONLY then - do I add that material into my "working file" and update my Section 15 immediately.

Step 4: I do outside research as needed and put the appropriate information into the working file (e.g., for the Ench. of Treasures and Objects d'Art, I have researched object densities, Moh's Hardness, and other facts which cannot be copyrighted). Because this research is interested only in facts, which cannot be copyrighted, I do not need to do a Section 15 entry (or otherwise) here. I am always careful to keep my facts very short and simple so that I can't be accused of copyright infringement (nobody can sue me because I copy/paste "The Hardness of Diamond on the Moh's Scale is 10" into my working file because it is a statement of fact - though I'm more likely to have a simple table that has "diamond" in one cell and "10" next to it).

Step 5: I now write the book, using ONLY stuff in my working file for reference. Because everything in there is either OGC, stuff I've gotten permission to use, or simple fact, I am now 100% okay OGL-wise.

Step 6: When I am finished, I do a search on all of the "change is forbidden" terms per the d20STL. Since I am already OGL compliant, that's done. If I have not changed any of the forbidden terms, that's done. All that's left is to make sure the logo shows up on the first page of my document and that I have the correct "This product requires..." and "blah is a trademark of WotC" lines inserted into my document.

You don't need an IP lawyer to do it this way, and since you're using 100% "safe-harbor" material, AFAIK you can't go wrong. But if I have gone wrong somewhere, I'm sure I'll be told so. ;)

Seriously, though, if you're going to write material for public consumption, following this formula is a nearly foolproof way to avoid getting in trouble... though knowing me, I'll be the example of the fool in the classic "make it foolproof and someone will invent a better fool."

--The Sigil
 
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Once I actually recieved the complaint letter from WotC, I re-did my document according to what they found in error.

First I downloaded the relevant sections or the SRD and saved them as RTF files. Doubtlessly I'm going to cath hell over THIS, aren't I?

Second I opened up a new RTF file.

Third I opened up my print-out of the original book.

I then proceeded to go through the book, line-by-line, and copy/paste all material from the SRD that fitted things I had used in my book. I used blue font for this step.

Next I opened up my PsiHB. Calm down folks! There is a perfectly good reason!

I then went through my print-out and the PsiHB, section by section. If material was in my print-out but NOT the PsiHB, I typed it into the RTF file. If the same material WAS in both sources, I didn't touch it. This of course discounts any material already in my RTF file from the SRD.

Then I formatted the RTF file, blue=fonting anything I thought MIGHT be questionable.

Lastly I added the graphics.

I have heard back from one of myreviewers, he brought up a few points I had forgotten to do, mostly license wording. It has since been fixed.

This re-done and fixed version is the one from which I extracteed text for review by WotC. If I can't get this beast up before x-mas, I might as well drop the whole matter. I will NOT have the time to devote to it then that I do now, and the capital from the holiday sales was going towards little things like HIRING THAT DMAN LAWYER! I'm a poor counter-jockey, I can't AFFORD to hire a lawyer yet! As I told Jason in his thread, fifty bucks is all my working capital right now!
 

It sounds like you have finally taken steps in the right direction, which I, for one, am glad to see. Had you not been in a hurry to put a product on the market to capitalize on "potential" Christmas sales, you would have been saving yourself all of this grief. Furthermore, if you had done a little more research into matters regarding pdf sales (see http://enworld.cyberstreet.com/showthread.php?s=&threadid=30179) you would have realized that it was highly unlikely that you could have afforded an IP lawyer on the revenues from sales of the book. Part of being involved in this industry from a professional standpoint is doing your research and forming a business plan (see John Nephew's article in the new d20 Weekly). Making a single product, putting up a website filled with typos and errors, and saying you are now a publisher does not mean you really are. Do your homework and put out a good product that follows the OGL and you will do much better in sales than merely hoping the Christmas rush can garner you extra funds to play with. If you want to be a publisher, fine. Take the right steps, do your homework, make the necessary financial investments, and most all, take responsibility for your mistakes rather than complaining about the lateness or lack of everyone's replies to your own little problems.
 

rpghost said:
What I have told this Publisher is that I need either WOTC to tell us that the product is now complient. This is because we have recieved an official letter form WOTC asking for it to be taken down. I also told him if they don't respond by the new year, I'd take the word of 2 other publishers who tell me it is now in compliance.

What publisher in their right mind would take it upon themselves to okay something that is apparently in the cure period? Only WOTC can say for absolute certain that the product meets all the changes they specifically require.
 

Steve Conan Trustrum said:
After having read the publisher's other thread about how WotC is basically out to screw him over, I don't think people would want to be associated with the project, either. It's not quite as bad as having "Head editor of FATAL" on your resume, but it will keep climbing the charts so long as the publisher continues to suffer from "foot in mouth" syndrome.

I admit it, I am tired, only got 2 hours of sleep last night. Anyway, this made me laugh my ass off, and I have only read quotes from FATAL sent to me by flabbergasted friends or posted on the board.

Strutinan,
You have already demonstrated a lack of understanding of the basic d20/SRD/OGL system and how it works. If you demonstrated it in something approaching an open, friendly manner people would be much more willing to help you.

The truth is, nobody is out to get you, or to "ruin" your project. Such paranoia is unfounded and has lead to you insulting a number of people that many of us think are some of the nicest in the business.

There have been numerous threads on the SRD, OGL and all of the intricacies of setting up a business, let alone publishing material. If you did not take advantage of this material only one person can be blamed. If you want their identity, please look in the mirror.

The lack of knowledge, general paranoia, and vituperative nature of your posts is almost certain to prevent anyone from helping you solve these problems before the holidays.

Christmas sales for .pdfs are probably not all that huge. It is rather difficult to purchase a .pdf as a present for someone. Admittedly, some might be spending Christmas money or something. Put out a good project that follows the license and people will buy it whatever the time of year. Put out a good project that follows the license and alienate the people that could spread knowledge of it via word of mouth, and it certainly won't sell anywhere near as well.
 

tensen said:


What publisher in their right mind would take it upon themselves to okay something that is apparently in the cure period? Only WOTC can say for absolute certain that the product meets all the changes they specifically require.

i gotta agree with tensen on this one. You are seriously hurting yourself if you allow anything from him without a writen approval from WOTC on this. I would wait for them for offical word and THEN proceed. Protect your own intrests and that of your existing customers first and then the new publishers and people...

good business practice
 

tensen said:
What publisher in their right mind would take it upon themselves to okay something that is apparently in the cure period? Only WOTC can say for absolute certain that the product meets all the changes they specifically require.

Anthony at WOTC has clearly stated that WOTC and he have no intention of ever doing that. It's not their duty to do so. When you publish something in the d20 system, you have signed a contract to do so. It is YOUR duty to make sure you follow the contract, not theirs. So they will not be helping him.

His "foot-in-mouth" goes much farther then you all may know and I'm getting to the point of simply banning this guy from RPGNow for all future.

People like him hurt everyone. Other publishers, WOTC, the d20 Licenses, and RPGNow.com ... do we really need this book that badly?

James
http://www.RPGNow.com
 

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