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GSL vs. no GSL Forked From: Where are all of the campaign settings?
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<blockquote data-quote="JohnRTroy" data-source="post: 4622855" data-attributes="member: 2732"><p>Maybe I'm not using the right term. I'm seeing litigation based on arguing that if somebody decides to "reverse engineer" an existing game, then releasing that reverse engineered game under the OGL, that would be seen as trying to subvert the legal protection of copyright by creating a clone and releasing it under an OGL license.</p><p></p><p></p><p></p><p>But an RPG is more than mathematical processes. The names and descriptions of monsters, spells, etc. There's a lot more than just mathematical formulas in the rules. That's why I think it's not cut and dried.</p><p></p><p>And a court can stop you. Courts interpret the law. There is little prior legal precedent for this. The only case I can think of is Mayfair Games vs. TSR. That didn't deal with this OGL situation though and I wonder what would happen if it got to court. We are surprised every day by legal decisions that are made--precedents get set all the time. </p><p></p><p>And I do think WoTC or Hasbro will make an example of somebody if there is a blatant violation, based on the fact that their GSL forbid the use of OGL content. Which is why I was predicting you won't see anybody use the OGL for 4e products but go by copyright precedents. I think attempting to use the OGL for a 4e compatible product will put a big target on their back. I think they haven't gone after OSRIC and others because it's not worth it, since 4e is their bread and butter.</p><p></p><p></p><p></p><p>One reason I am concerned is that I've seen some of the player base actively say they want to create an 4e "clone" and release it under the OGL. That could be construed as a deliberate attempt to harm WoTC. </p><p></p><p>I just don't see the OGL as adding any additional protection--in fact, it could harm rather than hurt. Any lawyer for WoTC will explain that 4e is very different from 3e and they did not license 4e under the OGL. If you're a major publisher, do you want to take that risk?</p></blockquote><p></p>
[QUOTE="JohnRTroy, post: 4622855, member: 2732"] Maybe I'm not using the right term. I'm seeing litigation based on arguing that if somebody decides to "reverse engineer" an existing game, then releasing that reverse engineered game under the OGL, that would be seen as trying to subvert the legal protection of copyright by creating a clone and releasing it under an OGL license. But an RPG is more than mathematical processes. The names and descriptions of monsters, spells, etc. There's a lot more than just mathematical formulas in the rules. That's why I think it's not cut and dried. And a court can stop you. Courts interpret the law. There is little prior legal precedent for this. The only case I can think of is Mayfair Games vs. TSR. That didn't deal with this OGL situation though and I wonder what would happen if it got to court. We are surprised every day by legal decisions that are made--precedents get set all the time. And I do think WoTC or Hasbro will make an example of somebody if there is a blatant violation, based on the fact that their GSL forbid the use of OGL content. Which is why I was predicting you won't see anybody use the OGL for 4e products but go by copyright precedents. I think attempting to use the OGL for a 4e compatible product will put a big target on their back. I think they haven't gone after OSRIC and others because it's not worth it, since 4e is their bread and butter. One reason I am concerned is that I've seen some of the player base actively say they want to create an 4e "clone" and release it under the OGL. That could be construed as a deliberate attempt to harm WoTC. I just don't see the OGL as adding any additional protection--in fact, it could harm rather than hurt. Any lawyer for WoTC will explain that 4e is very different from 3e and they did not license 4e under the OGL. If you're a major publisher, do you want to take that risk? [/QUOTE]
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GSL vs. no GSL Forked From: Where are all of the campaign settings?
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