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General Tabletop Discussion
*TTRPGs General
Licensing, OGL and Getting D&D Compatible Publishers Involved
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<blockquote data-quote="pemerton" data-source="post: 6190799" data-attributes="member: 42582"><p>True, although my understanding (admittedly based more on Anglo-Australian than US trademark law) is that goodwill cannot be assigned without assigning other business assets.</p><p></p><p>My comment was about trademark licences - I referred to "a royalty-free trademark licence of unlimited duration" - so I'm not sure why you think I'm talking about the OGL. The OGL is a copyright licence, not a trademark licence.</p><p></p><p>I think you mean "rules cannot be copyrighted". Rules absolutely can be trademarked, in the sense that WotC absolutely can sell rulebooks under the trademark "Dungeons & Dragons" and if you attempt to sell RPG rules under the same trademark you will be legally liable to WotC.</p><p></p><p>From WotC's point of view, here are two options: (i) release text in which WotC owns the copyright so that other can use it for free; (ii) publish my rules, maintain control over my copyright text, and let others do the work of reproducing my rules without violating my copyrights.</p><p></p><p>I would think that option (ii) looks more attractive, especially given that I probably don't <em>want</em> other publishers publishing my rules, as opposed to publishing material to be used by those who have bought my rules from me.</p><p></p><p>A publisher who attempts to "close" material which is OGC - whether OGC in virtue of a declaration of such, or OGC in virtue of being derivative of other OGC - is in violation of the license, and perhaps also in violation of other people's IP rights.</p><p></p><p>Sure. But if you are suggesting that Paizo could publish PF in its current form without a licence from WotC then I think you're badly mitaken.</p></blockquote><p></p>
[QUOTE="pemerton, post: 6190799, member: 42582"] True, although my understanding (admittedly based more on Anglo-Australian than US trademark law) is that goodwill cannot be assigned without assigning other business assets. My comment was about trademark licences - I referred to "a royalty-free trademark licence of unlimited duration" - so I'm not sure why you think I'm talking about the OGL. The OGL is a copyright licence, not a trademark licence. I think you mean "rules cannot be copyrighted". Rules absolutely can be trademarked, in the sense that WotC absolutely can sell rulebooks under the trademark "Dungeons & Dragons" and if you attempt to sell RPG rules under the same trademark you will be legally liable to WotC. From WotC's point of view, here are two options: (i) release text in which WotC owns the copyright so that other can use it for free; (ii) publish my rules, maintain control over my copyright text, and let others do the work of reproducing my rules without violating my copyrights. I would think that option (ii) looks more attractive, especially given that I probably don't [I]want[/I] other publishers publishing my rules, as opposed to publishing material to be used by those who have bought my rules from me. A publisher who attempts to "close" material which is OGC - whether OGC in virtue of a declaration of such, or OGC in virtue of being derivative of other OGC - is in violation of the license, and perhaps also in violation of other people's IP rights. Sure. But if you are suggesting that Paizo could publish PF in its current form without a licence from WotC then I think you're badly mitaken. [/QUOTE]
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