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No ECL in the SRD. Why are d20 publishers able to use it?
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<blockquote data-quote="The Sigil" data-source="post: 947603" data-attributes="member: 2013"><p>Let me point you to the relevant portion of what you linked to, as respects the OGL: <strong>Some material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game, or the pictorial matter appearing on the gameboard or container, may be registrable. </strong></p><p></p><p>This is the crux of the matter. You have to figure out what the definition of "sufficient amount of literary or pictorial expression" means. For instance, while the concept of "spread" is fairly easily to define "mechanically," I would wager that the pictures illustrating the fireball "turning a corner" in the PHB are sufficient "pictorial expression" to warrant their copyright, wouldn't you? There's plenty of expression in there beyond the "any point that can trace a continuous line of less than 20 scale feet to the center is considered to be in the area of effect."</p><p></p><p>Now let me point you to a specific portion of the System Reference Document with a description of a "spread" spell... say, the description of the Fireball spell. I will highlight the portions that I feel do not contain sufficient literary or pictorial expression to a blatantly obvious degree to be considered copyrighted material.</p><p></p><p></p><p>And I think I've been pretty generous about what I feel is NOT covered - IMO, pretty much the entire text of the paragraphs except the damage dice notation themselves could well be covered. It could further be argued that the "Evocation [Fire]" is covered under copyright because most of the description of the Evocation school and Fire descriptors are copyrighted material. Same with the "Wiz/Sor" reference (though not the numerical level 3).</p><p></p><p>Basically, you examine the "fireball" description, place it in context with the text of the entire game itself, and then tell me what is and is not copyrighted material.</p><p></p><p>Then further tell me why you WOULDN'T want to easily re-use all the text I highlighted above (which is clearly copyrightable material) under the terms of the OGL, especially when you multiply that by all the OGC/copyrighted text that is out there.</p><p></p><p>Furthermore, whose definition of "sufficient" can you trust? The OGL creates a "safe harbor" - where you know for sure you can't be sued. Are you willing to risk your petard by trying to publish stuff without the benefit of the protection provided by OGL? Do you think you'll be able to convince a judge and/or jury that your interpretation of what is and isn't copyrightable in a set of game rules is the "right" one and WotC's interpretation is the "wrong" one? I'm not. If I were a poor college student, maybe - but having a wife and two kids definitely changes your priorities a bit and makes you try to err on the side of caution.</p><p></p><p>--The Sigil</p></blockquote><p></p>
[QUOTE="The Sigil, post: 947603, member: 2013"] Let me point you to the relevant portion of what you linked to, as respects the OGL: [b]Some material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game, or the pictorial matter appearing on the gameboard or container, may be registrable. [/b] This is the crux of the matter. You have to figure out what the definition of "sufficient amount of literary or pictorial expression" means. For instance, while the concept of "spread" is fairly easily to define "mechanically," I would wager that the pictures illustrating the fireball "turning a corner" in the PHB are sufficient "pictorial expression" to warrant their copyright, wouldn't you? There's plenty of expression in there beyond the "any point that can trace a continuous line of less than 20 scale feet to the center is considered to be in the area of effect." Now let me point you to a specific portion of the System Reference Document with a description of a "spread" spell... say, the description of the Fireball spell. I will highlight the portions that I feel do not contain sufficient literary or pictorial expression to a blatantly obvious degree to be considered copyrighted material. And I think I've been pretty generous about what I feel is NOT covered - IMO, pretty much the entire text of the paragraphs except the damage dice notation themselves could well be covered. It could further be argued that the "Evocation [Fire]" is covered under copyright because most of the description of the Evocation school and Fire descriptors are copyrighted material. Same with the "Wiz/Sor" reference (though not the numerical level 3). Basically, you examine the "fireball" description, place it in context with the text of the entire game itself, and then tell me what is and is not copyrighted material. Then further tell me why you WOULDN'T want to easily re-use all the text I highlighted above (which is clearly copyrightable material) under the terms of the OGL, especially when you multiply that by all the OGC/copyrighted text that is out there. Furthermore, whose definition of "sufficient" can you trust? The OGL creates a "safe harbor" - where you know for sure you can't be sued. Are you willing to risk your petard by trying to publish stuff without the benefit of the protection provided by OGL? Do you think you'll be able to convince a judge and/or jury that your interpretation of what is and isn't copyrightable in a set of game rules is the "right" one and WotC's interpretation is the "wrong" one? I'm not. If I were a poor college student, maybe - but having a wife and two kids definitely changes your priorities a bit and makes you try to err on the side of caution. --The Sigil [/QUOTE]
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No ECL in the SRD. Why are d20 publishers able to use it?
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