(Need legal advice) Translating the OGL to other languages

[The_Magician]

I was reading the "Is it legal?" thread and realised I could find the answer to a question WoTC failed ot answer. I am from Brazil and there is only one company hre distributing WoTC's products nationwide. Don't know how many of you know this, but outside of US, it is practically a monopoly. It's one distributor to each country. I wouldnt mind, if the diistributor was doing a good job....

Anyways, I wont go on about how the rpg market in Brazil would be better with a different distributor. The market here has to wait for translations, which are slow and horrible, not to mention the poor choice of products to translate and the elitism of the target-audience.

So, I called WoTC and asked if I could create a brazilian website, with a brazilian domain (.com.br) that would have the SRD translated ot portuguese. They didn't answer me. Instead, they sent an e-mail to our distributor here, who called me and told me I CANT DO IT! Knowing them I bet that is not true. They said they would make one themselvs, but I dont believe it.

So, to those who are TRULY familiar with the OGL, can I do it, or not?

I'm gonna risk saying somthing dumb here, but if I am not mistaken, you could even SELL the SRD if you felt like it. So why not provide it for free?

 

[babomb]

IANAL, nor do I know anything about Brazilian law, however, the Open Gaming License explicitly allows translation.

1. Definitions: ... (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), ... (d)"Open Game Content" means the game mechanic and ... means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. ... (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content.

(emphasis mine)

Therefore, a translation of the SRD would be just as legal as any other derivative (barring any strange Brazilian laws in this regard) provided you translated it yourself (i.e., you cannot use the distributor's translation in any way).

 

[Ranger REG]

IANAL...

1. Make the translation yourself. Don't be lazy and try to find shortcuts.
2. Attach the OGL (original English format) to your translation. You can offer the OGL in another language but the English text version is the accepted legal document. In fact, you should note this for your non-English readers.

 

[Bront]

I think the OGL means you can translate it if you do it yourself and you include the origional licence agreement.

 

[Yair]

I would add that you be very careful not to use the D&D name, and that character generation rules are not in the SRD and cannot be used if you add the d20 System license. This means that your site will probably get a lot less traffic than the distributer's site (who can use the trademarks to advertise his goods), should one ever pop up.
Of course, you can't offer translations of WotC products other than the SRD (and some other tidbits).

I would also consider carefully before flying in the face of this distributer, he seems like a not very nice person. Consider whether he will sue or take other actions, and if you're willing to take such flak even if you're right.

And yes, you can sell the SRD.

IANAL

 

[The_Magician]

IANAL...

1. Make the translation yourself. Don't be lazy and try to find shortcuts.
2. Attach the OGL (original English format) to your translation. You can offer the OGL in another language but the English text version is the accepted legal document. In fact, you should note this for your non-English readers.

I said the distributor told me they were going to do it, but I didnt believe it. I AM doing the translation myself.

 

[The_Magician]

I would add that you be very careful not to use the D&D name, and that character generation rules are not in the SRD and cannot be used if you add the d20 System license. This means that your site will probably get a lot less traffic than the distributer's site (who can use the trademarks to advertise his goods), should one ever pop up.
Of course, you can't offer translations of WotC products other than the SRD (and some other tidbits).

I would also consider carefully before flying in the face of this distributer, he seems like a not very nice person. Consider whether he will sue or take other actions, and if you're willing to take such flak even if you're right.

And yes, you can sell the SRD.

IANAL

I know what you mean. Thanks for the help and the concern. And thanks for all those who actually helped. I will continue with the translation. I had stopped translating many months ago, when I got the call from the distributor saying I couldnt do it. Well, looks like I can. =)

 

[Dingleberry]

Well, looks like I can. =)

I am a lawyer, and I strongly suggest talking to someone licensed to practice Brazilian law about this before publishing anything, especially since you appear to be on the radar of the local distributor.

 

[RangerWickett]

I know for a fact, though, that there is at least one D20 publisher in Brazil. I met a representative of them at Gen Con, and have a copy of one of their books. Are they just breaking the law?

Of course, international copyright law is a complete mystery to me. All I know is that if you buy it from China, it's legal, even if the Chinese pirated it in the first place. Which apparently is good, because the Chinese don't blur out the naughty bi- . . . oh wait, wrong forum.