Mark said:
Will it include as many disclaimers of not being actual legal advice as used in this thread?![]()
Heh - take a look at the top of the first page (the contents page):
Mark said:
Will it include as many disclaimers of not being actual legal advice as used in this thread?![]()
Morrus said:Heh - take a look at the top of the first page (the contents page):
The Sigil said:
1 - The game mechanics themselves are always Open Game Content in a work utilizing the Open Game License.
4 - Any Product Identity that is "mixed in" with Open Game Content is not Open Game Content. This allows you to make "exceptions" in your designation. It essentially allows for more compact designations of OGC and PI.
Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity.
"Product Identity" means ... thematic elements, ... language, ... formats, ... concepts,... and ...specifically excludes the Open Game Content
Blacksad said:I think his point is that you can't PI things which are already in the open domain, and that the mechanic of ECL is already in the open domain (the OGL allow you to PI monster, artefact, etc...and restrict the use of trademark, it doesn't superced copyright laws which put the ECL mechanic in the open domain).
rpgHQ said:Now if I came along and published a game book with the same format above but used my own words to describe the fireball, even if they end up saying the same thing, though not word for word, I would be ok
Like how in a cookbook its the descriptive part that is copyrightable not the list of ingredients. Also the way its listed is a pretty common format of use just like in a cookbook, baseball cards, real estate listing and so on.
The Sigil said:Granted, there is an exception to #1 - "{if such content embodies} the Product Identity... though I think it would be rather hard to show that your game mechanics "embody" your Product Identity.
--The Sigil [/B]
product and product line names,
logos and identifying marks including trade dress;
artifacts;
creatures
characters;
stories,
storylines,
plots,
thematic elements,
dialogue,
incidents,
language,
artwork,
symbols,
designs,
depictions,
likenesses,
formats,
poses,
concepts,
themes and
graphic, photographic and other visual or audio representations;
names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities;
places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs;
and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity
The Sigil said:*shrugs*
I'll simply ask, "show me a case where rules EMBODY Product Identity." Perhaps because I don't speak lawyerese, I can't think of an example where RULES "embody"
The Sigil said:*shrugs*
I'll simply ask, "show me a case where rules EMBODY Product Identity." Perhaps because I don't speak lawyerese, I can't think of an example where RULES "embody"