Planesdragon said:
Actually, a well-done XML (or other metadata-enabled) format can answer all of those questions, and still remain inside the bounds of the OGL.
I doubt it.
Planesdragon said:
Assuming that one cannot get the publisher's blessing, a "megaSRD" (or whatever you call it) would need to include metadata that lists all of the following:
- A non-trademarked but unique reference to the source. (see below)
Let's jump down then...
Planesdragon said:
The first one is what gives folk the biggest headache, but it can be done. It's was done numerous times by professionals just as scared of a lawsuit from WotC as the MegaSRD guys would be scared of a lawsuit from the professionals.
A sequential or random number might do it, or an abbreviation, or a good number of other references. This is easy if we have permission, and harder if we don't. But, really, how hard is it to say "item #450 in the Open Gaming Directory". (Which is the exact plan that Mike Cortez and the rest of us FGA folk came up with back in the day.)
This is one of those sticking points that dooms such projects to failure before they really ever get off of the ground. This has NOT been done numerous time,
under the OGL, by professionals regardless of their concerns about lawsuits. There's always someone who thinks they can sidestep what is plainly against the license, either for altruistic reasons (like "I think people deserve credit where it is due") or for project bolstering reasons (like "the project will have better credentials if we find a way to point out who contributed what"). The problem is that the license says that without permission you can't...
from the OGL said:
2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.
...and...
from the OGL said:
7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.
...and...
from the OGL said:
11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.
It doesn't just say that you cannot use their name or trademark, it also says that you cannot "indicate" compatibility. That basically blows any of the plans to sidestep right out of the water. Would such a thing dilute a trademark and compel a lawsuit? It doesn't matter how you answer because it isn't up to you. In fact, it isn't up to the person(s) who owns the trademark...
unless they want to keep it. Because, to protect a trademark, they are legally required to defend it, so if you tread on it they have no real choice but to bring a suit against anyone involved in such an enterprise.
Mind you, I am not an attorney, just a publisher who has his actual ass on the line beyond just some hobby projects, so take my advice for what it is, and only for what it is.
Planesdragon said:
In all honesty, this is something that keeps coming up, again and again and again. The reason it hasn't been done isn't that it's impossible, it's that folk keep starting over again and no one helps anyone else out. There's no good reason that those who want to spend ten hours creating a database or marking up the SRD or throwing together content should keep starting over from scratch.
The "starting from scratch" thing might be one more reason than the ones I outlined above. In ALL honesty, there are many, many more. It's been five years (approx.) since the advent of the OGL and people have "discussed" this type of project since then. There is obviously a whole slew of reasons why this hasn't and won't happen. How many you accept as valid is another story.