Help me clear up OGL FUD

[Ranger REG]

There are two things to consider, then:

1) The OGL implies ownership over some things things that nobody can claim ownership of. It is legally unenforceable to claim copyright over all possible descriptions of a set of game rules.

As you say, an expression of a game rule, can be copyrighted.

But I think you went into the deep end when you allege that the OGL sanctions WotC's ownership of all OGC, including those Contributed by others.

If you create a content but you declare it OGC under the OGL, it does not mean you relinquish your copyright. It just means you're letting others play with as long as they follow the OGL "ground rules."

You're right, no one has challenged the OGL. Personally, I would love for someone to try. So there can be some legal precedents. And who knows? Legislators may want to take a look at the age-old IP law and update it.

 

[jdrakeh]

That is rather my point -- or rather, a short aside to a more general observation.

Well, there are restirctions on that useage that you seem to either be unaware of or ignoring in your previous example. The most notable is that a claim of compatability must be made in good faith and that any claim of compatiability (or TM usage therein) which could be misconstrued as a claim of ownership violates this good faith clause. Again, incorporating a pre-existing registered trademark into your own company's trademark or slogan constitutes such a violation, not a valid a claim of compatability.

 

[eyebeams]

Well, there are restirctions on that useage that you seem to either be unaware of or ignoring in your previous example. The most notable is that a claim of compatability must be made in good faith and that any claim of compatiability (or TM usage therein) which could be misconstrued as a claim of ownership violates this good faith clause. Again, incorporating a pre-existing registered trademark into your own company's trademark or slogan constitutes such a violation, not a valid a claim of compatability.

Actually, I just grabbed the first unauthorized commercial Risk expansion I could find. Whether or not it's an invalid claim of fair use is hardly certain, given that the description clearly tells you exactly what it is. That indicates good faith (though whether it does so definitively is something that would be determined in court). Whether or not the title speaks to the claim of compatibility is an interesting question, but pretty much irrelevant to my point, which is confirmed by multiple products that do not have "Risk" in the title.

 

[eyebeams]

As you say, an expression of a game rule, can be copyrighted.

That's right.

But I think you went into the deep end when you allege that the OGL sanctions WotC's ownership of all OGC, including those Contributed by others.

I said no such thing.

If you create a content but you declare it OGC under the OGL, it does not mean you relinquish your copyright. It just means you're letting others play with as long as they follow the OGL "ground rules."

That's certainly the intent as far as anyone can tell. I'd be very cagey about making any definitive statements about the status of OGC that's derivative of other OGC, given the problems with derivative work in general. There's also a question of whether using the OGL along with game rules that are substantially similar to existing OGC implies that your original material is derivative, even when it's based on your own unique expression of the rules. I'm not sure of the answe for this, but then again, neither is anyone else. I can think of a few extraordinarily wacky ways of circumventing this, but I wouldn't trust them. That's another reason why I wouldn't "game the system."

You're right, no one has challenged the OGL. Personally, I would love for someone to try. So there can be some legal precedents. And who knows? Legislators may want to take a look at the age-old IP law and update it.

That could be really good or really awful, but nobody could afford it anyway.

 

[ExileInParadise]

I think its stated pretty plainly here:
http://wizards.com/default.asp?x=d20/oglfaq/20040123i

The requirements are listed, as well as a possible programming approach.

The FAQ states plainly that software is allowed, and suggests that one way to write your program and stay compliant is to code the OGL rules and data in plaintext script and data files that your program loads and interprets.

That sounds like an end to the FUD to me.