Hypothetical: I ignore OGL 1.x

It seems to me from reading this that Wizards could bring complaints that may well require discovery. They would certainly claim the SRD was copied, Paizo's lawyer would hold up OGL 1.0a, and I can see how the court would not require discovery to resolve that complaint.

But Wizards could also charge infringement of copyrighted material that was not in the SRD, for example, character creation and advancement. I could imagine there are some emails and other records out there that may have bearing on how that Pathfinder material was produced.
 

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mamba

Legend
I don’t think this is quite correct. So far WotC have been very careful to state that OGL 1.0a is “no longer an authorized version” and can not be used to distribute, etc. open game content under the OGL. They have not explicitly revoked it
that is semantics, there is no appreciable difference
 

S'mon

Legend
It seems to me from reading this that Wizards could bring complaints that may well require discovery. They would certainly claim the SRD was copied, Paizo's lawyer would hold up OGL 1.0a, and I can see how the court would not require discovery to resolve that complaint.

But Wizards could also charge infringement of copyrighted material that was not in the SRD, for example, character creation and advancement. I could imagine there are some emails and other records out there that may have bearing on how that Pathfinder material was produced.

Yes indeed - however looking at the 3e SRD on a couple sites, I see full character creation rules for levels 1-20. Just no XP table; and PF uses a different XP table of course. And WoTC can always charge infringement of copyrighted material that is not in the SRD, any time they want.
 






pemerton

Legend
For arguments sake, lets assume this is also for a game that does not utilize WotC's SRD, so their only involvement is owning copyright of the license itself. My initial feelings are that the terms of license in question would solely be between GR and KP. My further thoughts are that a lawyer might bring the fact the license has been de-authorized by WotC into play in that case
I don't agree.

If you and I have entered into a contract, whose terms so happen to be expressed by the text of the OGL, nothing that WotC does affects our contract except for promulgating new authorised licences under section 9, which we have agreed between one another are variant terms on which our OGC can be licensed.

So far WotC have been very careful to state that OGL 1.0a is “no longer an authorized version” and can not be used to distribute, etc. open game content under the OGL.
This is one of the terms of the OGL v 1.1 as leaked, yes. So it would be binding on any part to the OGL v 1.1 - they would be voluntarily giving up the rights they currently enjoy, as against WotC, under their existing licence. (And promising not to take up such rights in the future.)

They have not explicitly revoked it or released the other parties from their responsibilities under the license. The other clauses of the license are under effect. Does WotC saying it is no longer authorized, remove the ability of Green Ronin to go after Kobold Press for violating the license somehow (not to suggest they have)?
I haven't read the OGL v 1.1 closely enough to try to work out if a party (say, G) contractually promise WotC not to proceed against another party (say, K) for K's violations of G's rights under a contract that exists between G and K having the terms of the OGL v 1.0/1.0a.

But raising the question makes sense. Because the whole point of the OGL/OGC regime is to create this intricate network of interlocking contracts. It's a private ordering, not a statutory one.
 

Staffan

Legend
Yes indeed - however looking at the 3e SRD on a couple sites, I see full character creation rules for levels 1-20. Just no XP table; and PF uses a different XP table of course. And WoTC can always charge infringement of copyrighted material that is not in the SRD, any time they want.
The old d20 System Trademark Guide (which was referenced by the d20 System Trademark License) had these definitions of "Character Creation" and "Applying the effects of Experience to a Character". The OGL did not forbid you from doing this, but the STL (via the Trademark Guide) did if you wanted to use the d20 logo, and these rules were specifically kept out of the SRD.

In my non-lawyer opinion, I think you'd have a hard time claiming copyright on the rules for character creation/advancement even if someone copied them from the PHB (though you'd probably have to rephrase them). That seems like the kind of process that copyright can't cover.

d20 System Trademark Guide said:
Definition of Character Creation:

Character creation means the process of generating and assigning initial scores to abilities, selecting a race, selecting a starting class, assigning initial skill points, selecting initial feats, selecting initial talents, selecting an occupation, and picking an initial alignment. You may, at your option, refer readers to the section on Character Creation in the Dungeons & Dragons Player's Handbook or d20 Modern Roleplaying Game, including references to any of the named steps in the process for character creation. Character creation does not include creating or modifying the description of a race, a class, a skill, a talent or a feat.

You may indicate that a player should use a race, class, ability, etc., presented in a Covered Product in addition to, or exclusive of, those presented in the Dungeons & Dragons Player's Handbook or d20 Modern Roleplaying Game. In no way should this paragraph be construed to allow you to present the process for creating a character as defined in the previous paragraph.

Definition of Applying the effects of Experience to a Character:

Applying the effects of Experience to a Character means the process for comparing the accumulated experience point total of a character to a chart to determine if the character's level should be incremented. If the experience level of a character exceeds threshold values as defined by the chart, the character is modified in a specified fashion.

Specifically, Applying the effects of Experience to a Character means incrementing the character level of a character by incrementing a class level by one rank, or by adding a new class at first level, and describing how to allocate new skill points, select new feats, select new talents, or gain new class-level linked abilities.

Applying the effects of Experience to a Character does not include creating or modifying an experience point chart or defining a new class (including describing what benefits that class provides at each level).
 

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