Help understanding the OGL

I have some questions about the OGL. As I understand it I can use any thing form the SRD as long as I reference it and include a copy of this licenses is that correct. I remember hearing that a certain percentage of any product has to be open material. Is that true?

Now if I create feats, items, and the like and I don’t want them to be open how do I protect them?
If I want them to be open what must I do?

What is “product Identity” exactly?
 

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In my opinion, you CANNOT protect a feat, spell or other item that interfaces with the current mechanics of the d20 system, as Product Identity.

By the wording of the Open Game License, anything that is in any way derivative of the material in the SRD or of any other Open Game Content must be released in turn as open content.

In my opinion, attempting to protect game mechanics items as Product Identity is working directly against the concept and function of the Open Game License which purposefully makes all new game rules content open content so other publishers and writers can use it. After all, if you make a feat that works PERFECTLY for mating wombats, wouldn't it be a kick in the pants to other people who want to make a d20 wombat mating RPG if they were forced to purposefully avoid using your feat?

Here is a thread I started up on this very subject:

Game Mechanics and Product Identity
 
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Disclaimer: IANAL.

Dareoon Dalandrove said:
I have some questions about the OGL. As I understand it I can use any thing form the SRD as long as I reference it and include a copy of this licenses is that correct. I remember hearing that a certain percentage of any product has to be open material. Is that true?
You are confusing the OGL and the d20 Logo license. The OGL has no requirement for the amount of OGC. The d20 logo license requires that 5% of your content (in words) is OGC.
Now if I create feats, items, and the like and I don’t want them to be open how do I protect them?
You can't. The feat must be defined in game term. The game terms are in or based on the SRD. The SRD is OGC. So if you tried really hard, and you created a feat that didn't derive from the SRD, it would have no effect on gameplay and no one would use that feat. So why create it in the first place.
If I want them to be open what must I do?
Place them in a work where the spot where they are included is designated (clearly) as OGC. Include a properly updated copy of the OGL with the work.
What is “product Identity” exactly?
Product Identity is defined in the OGL. It is essentially the non-game mechanics part of a campaign world. PI could be the history of the mind flayers and the drow. The SRD only contains the stats for these creatures. It tells you nothing about their mutual animosity because that is plot, story, theme. Now, don't be confused by my above statement: mind flayer/drow history is NOT PI. No WotC material is declared PI. This is because PI is defined in the OGL and no WotC content is found in their books. It is only found in their SRD. If the book has a copy of the OGL it can designate PI.

Read Morrus' stuck message at the top of the page for info about publishing. It contains some link to many excellent resources for learning this stuff.
 

Re: Re: Help understanding the OGL

jmucchiello said:
You can't. The feat must be defined in game term. The game terms are in or based on the SRD. The SRD is OGC. So if you tried really hard, and you created a feat that didn't derive from the SRD, it would have no effect on gameplay and no one would use that feat.

I disagree. As a FEAT, it would be automatically derivative of the SRD since the SRD defines what a feat is, and the game defines how they are gained. Therefore, even a feat with NO game effects would be a feat and therefore derivative of the SRD and by necessity OGC.
 


No problem. Honestly a few GOOD readings of the Open Game License and the d20 license makes the whole thing pretty easy to read. Neither license is rocket science, and it only takes one to three thourough readings of each to both understand what the goal of the license is as well as what EXACTLY your restrictions and rights are under them.
 

Re: Re: Re: Help understanding the OGL

HellHound said:
I disagree. As a FEAT, it would be automatically derivative of the SRD since the SRD defines what a feat is, and the game defines how they are gained. Therefore, even a feat with NO game effects would be a feat and therefore derivative of the SRD and by necessity OGC.
Is this derived from the SRD?

Giantism
You are taller than a normal member of your species. Add 30 cm to your height.

I don't think so. Yet, because of the way the Jump skill is written, it has a game effect.

It's also not very exciting as a feat.

Now, your argument that a feat is an "SRD thing". How about a spell? Spell has a non-SRD definition that you could use in the same way.

Spell: giantism (You become 30 cm taller for an hour).

Is that spell derived from the SRD? I don't think so either. I also don't see it as a useful spell. So it's not really worth creating non-SRD derived spells.

And you could get around the feat problem by creating "Stunts". You then create one feat that says to choose a stunt and that you can now use that stunt by taking the feat.

Of course you still have to write your stunts without the SRD. Not impossible but if you do it enough why are you bothering with the OGL.

That's enough mud for the waters.
 

Perhaps a better question than whether or not you can claim a feat as product identity/closed content is:

Why on Earth would you want to?

All you'd accomplish is piss off people who like the feat and would like to use it elsewhere, reduce the usefulness of your book to the D20 community, and gain a reputation as a curmudgeon who doesn't want anyone else playing with his toys--even though those toys are based on someone else's work.

Trust me, even if you could make a feat closed content--and, as per the previous discussion, I'm not sure if you can--it wouldn't make any sense to do so. Any world-specific info--history, countries, famous characters--all that can (and sometimes should) be product identity. All the mechanical stuff, there's just no point in trying, and lots of reasons to declare as much of it open as possible.
 

Dareoon Dalandrove said:

I have some questions about the OGL. As I understand it I can use any thing form the SRD as long as I reference it and include a copy of this licenses is that correct.
You can reprint, modify (it becomes a derivative), edit to suit your game's flavor, into your product, as long you attach a copy of the OGL.


I remember hearing that a certain percentage of any product has to be open material. Is that true?
Only if you are also applying the d20 System Trademark License, which states that you must have a minimum 5% of the product's content as OGC.

You need at least one OGC to apply the OGL.


Now if I create feats, items, and the like and I don’t want them to be open how do I protect them?
The only thing you can protect is the name of the feat, items, etc., provided the name is your own original. I don't know if you can protect a skill name, unless it is unique.

But the rules mechanics portion must remain OGC.

To protect the name, you must declare it as Product Identity (or PI).


If I want them to be open what must I do?
You must clearly designate it. How you do it is up to you but you should apply the "reasonable person" standard: can a reasonable person able to determine which is OGC and which is not?

Some examples of declaring OGC is by putting them in boxes (shaded or unshaded), use italics or bold, or designate a rules appendix or chapter with only OGC.


What is “product Identity” exactly?
Basically, they're closed content in which you cannot use. They're normally trademark or copyright that the author of the product want to keep them off-limit.

You can find an expanded legal definition of Product Identity in the OGL.

If you're going to use OGL, d20STL, or any kind of royalty-free license, I strongly recommend you talk to a lawyer who knows these kinds of things, including copyright and trademark laws. A little investment now can save a very expensive headache in the future.
 

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