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Community
General Tabletop Discussion
*TTRPGs General
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: 960158" data-attributes="member: 2013"><p>Um, in section 1d, I think... </p><p></p><p>I read that as multiple things, separated by "ands" - Open Game Content is defined by the OGL as:</p><p></p><p>1.) the game mechanic(s), specifically including methods, procedures, processes and routines</p><p></p><p>2.) an enhancement over the prior art</p><p></p><p>3.) any additional content clearly identified as Open Game Content by the Contributor (that one seems glaringly obvious in interpretation)</p><p></p><p>4.) any work covered by this License... under copyright law (with examples given of translations and derivative works - IOW, any work that copyright law would define as a derivative of pre-existing OGC - this one also seems clear to me).</p><p></p><p>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.</p><p></p><p></p><p>I happen to interpret that it does, as it does not say, "Derivative game mechanics," but rather "game mechanics" with no mention of whether or not such mechanics are derivative. But you are right - the final ruling would have to come in the courtroom.</p><p></p><p>Actually, I'm not sure I agree that you can't make any assumptions about trademark and copyright laws' applicability. It seems to me that copyright and trademark laws apply as normal with certain exceptions spelled out in the OGL itself - i.e., that you can use certain copyrighted material (OGC) when you ordinarily couldn't, and that you cannot use trademarks and certain other material (PI) even when you normally could.</p><p></p><p>I can't argue about that point! <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /></p><p></p><p>Nicely done. I may not completely agree with the particular interpretation of the OGL you hold, but I think you've boiled it down to the major points of interpretive difference as respects this issue... and anyone interested in a definitive answer to questions such as the one above is much better served hiring and consulting with qualified and licensed legal counsel instead of asking armchair lawyers like us. This is all IMO and is not to be construed as legal advice, of course. LOL.</p><p></p><p>--The Sigil</p></blockquote><p></p>
[QUOTE="The Sigil, post: 960158, member: 2013"] Um, in section 1d, I think... I read that as multiple things, separated by "ands" - Open Game Content is defined by the OGL as: 1.) the game mechanic(s), specifically including methods, procedures, processes and routines 2.) an enhancement over the prior art 3.) any additional content clearly identified as Open Game Content by the Contributor (that one seems glaringly obvious in interpretation) 4.) any work covered by this License... under copyright law (with examples given of translations and derivative works - IOW, any work that copyright law would define as a derivative of pre-existing OGC - this one also seems clear to me). 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. I happen to interpret that it does, as it does not say, "Derivative game mechanics," but rather "game mechanics" with no mention of whether or not such mechanics are derivative. But you are right - the final ruling would have to come in the courtroom. Actually, I'm not sure I agree that you can't make any assumptions about trademark and copyright laws' applicability. It seems to me that copyright and trademark laws apply as normal with certain exceptions spelled out in the OGL itself - i.e., that you can use certain copyrighted material (OGC) when you ordinarily couldn't, and that you cannot use trademarks and certain other material (PI) even when you normally could. I can't argue about that point! :) Nicely done. I may not completely agree with the particular interpretation of the OGL you hold, but I think you've boiled it down to the major points of interpretive difference as respects this issue... and anyone interested in a definitive answer to questions such as the one above is much better served hiring and consulting with qualified and licensed legal counsel instead of asking armchair lawyers like us. This is all IMO and is not to be construed as legal advice, of course. LOL. --The Sigil [/QUOTE]
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No ECL in the SRD. Why are d20 publishers able to use it?
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