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How Is There Still PCGen?
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<blockquote data-quote="Fractalwave" data-source="post: 287584" data-attributes="member: 6399"><p><strong>Re: PCGen's Philosophy</strong></p><p></p><p>I've read threads in these forums for some time now and this one is the one that actually got me to register and post...go figure. This post is not a flame, it's an explanation of sorts and hopefully points to some useful websites for those who want to look up a few things. And...IANAL. I just do business. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=";)" title="Wink ;)" data-smilie="2"data-shortname=";)" /></p><p></p><p>Herein lies the problem that is easiest to see...</p><p></p><p></p><p>I think you should probably reread the OGL. There's only been one version of the OGL to my knowledge and this is the link. <a href="http://www.wizards.com/d20/files/OGLv1.0a.rtf" target="_blank">http://www.wizards.com/d20/files/OGLv1.0a.rtf</a> </p><p></p><p>The OGL is distributed with all OGC and OGC is licensed under the OGL, therefore if OGC is used the OGL applies. PCGen contains OGC, does it not? Section 3 of the OGL says This is the short explanation. Unless PCGen entered into a separate license with each and every copyright owner of the OGC they include, be it in an alpha, beta or 'stable' production version, they are subject to the OGL.</p><p></p><p>I also think that several people are confusing PI and IP. PI, product identity, is defined by the OGL in section 1 (e): </p><p>IP is intellectual property and is covered by copyright, patent and trademark laws to name a few. Intellectual property is everything that is the product of human innovation and creativity. If you create something new, then you own the intellectual property. For example, you write a story then you copyright it because you as the creator of the intellectual property own those rights.</p><p></p><p>Everything, open or not is IP. Not everything is PI. Clear as mud yet?</p><p></p><p></p><p>Consult a lawyer on this one too. From <a href="http://whatiscopyright.org/" target="_blank">http://whatiscopyright.org/</a> </p><p>To my knowledge, PCGen isn't using the information or data for the acceptable fair use purposes listed above. Find someone to look up cases for you in case that site is out of date but it was last updated on May 4, 2002.</p><p></p><p>From section 1 (c) of the OGL:</p><p>PCGen definitely distributes OGC. Distribution of a product has absolutely nothing to do with whether there's a price attached to it.</p><p></p><p>Also, a good lawyer could easily argue violation of the d20stl simply from PCGen's repeated use of the term "d20" in marketing materials. Note that marketing includes websites.</p><p></p><p>I suggest that anyone who wants to learn more should subscribe to the mailing lists at the open gaming foundation website. <a href="http://www.opengamingfoundation.org" target="_blank">http://www.opengamingfoundation.org</a> There are threads in there that discuss whether things are considered derivative as well as whether it's possible for the OGL to be compatible with any other open source license without violating the OGL. I would think these would be very informative.</p><p></p><p>I've not even touched on copyrights and trademarks. Just do a google search on copyright and trademark. You'll find lots of information.</p><p></p><p>Fractalwave</p><p>aka Dee Peterson</p></blockquote><p></p>
[QUOTE="Fractalwave, post: 287584, member: 6399"] [b]Re: PCGen's Philosophy[/b] I've read threads in these forums for some time now and this one is the one that actually got me to register and post...go figure. This post is not a flame, it's an explanation of sorts and hopefully points to some useful websites for those who want to look up a few things. And...IANAL. I just do business. ;) Herein lies the problem that is easiest to see... I think you should probably reread the OGL. There's only been one version of the OGL to my knowledge and this is the link. [URL=http://www.wizards.com/d20/files/OGLv1.0a.rtf]http://www.wizards.com/d20/files/OGLv1.0a.rtf[/URL] The OGL is distributed with all OGC and OGC is licensed under the OGL, therefore if OGC is used the OGL applies. PCGen contains OGC, does it not? Section 3 of the OGL says This is the short explanation. Unless PCGen entered into a separate license with each and every copyright owner of the OGC they include, be it in an alpha, beta or 'stable' production version, they are subject to the OGL. I also think that several people are confusing PI and IP. PI, product identity, is defined by the OGL in section 1 (e): IP is intellectual property and is covered by copyright, patent and trademark laws to name a few. Intellectual property is everything that is the product of human innovation and creativity. If you create something new, then you own the intellectual property. For example, you write a story then you copyright it because you as the creator of the intellectual property own those rights. Everything, open or not is IP. Not everything is PI. Clear as mud yet? Consult a lawyer on this one too. From [URL=http://whatiscopyright.org/]http://whatiscopyright.org/[/URL] To my knowledge, PCGen isn't using the information or data for the acceptable fair use purposes listed above. Find someone to look up cases for you in case that site is out of date but it was last updated on May 4, 2002. From section 1 (c) of the OGL: PCGen definitely distributes OGC. Distribution of a product has absolutely nothing to do with whether there's a price attached to it. Also, a good lawyer could easily argue violation of the d20stl simply from PCGen's repeated use of the term "d20" in marketing materials. Note that marketing includes websites. I suggest that anyone who wants to learn more should subscribe to the mailing lists at the open gaming foundation website. [URL=http://www.opengamingfoundation.org]http://www.opengamingfoundation.org[/URL] There are threads in there that discuss whether things are considered derivative as well as whether it's possible for the OGL to be compatible with any other open source license without violating the OGL. I would think these would be very informative. I've not even touched on copyrights and trademarks. Just do a google search on copyright and trademark. You'll find lots of information. Fractalwave aka Dee Peterson [/QUOTE]
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