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OGL Questions About "Grey Area"
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<blockquote data-quote="pemerton" data-source="post: 6815928" data-attributes="member: 42582"><p>Here are some of the relevant provisions from the OGL:</p><p></p><p style="margin-left: 20px">Clause 2: 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.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Definitions, clause 1(d): "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.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Clause 7: 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 . . .</p><p></p><p>To me, an agreement not to indicate compatibility in conjunction with a work containing OGC looks like just that: an agreement not to indicate compatibility. I guess there's a question of the meaning of <em>in conjunction with a work</em>. My own feeling is that a link to your product on your blog saying "Here is my product that is compatible with D&D" would be an instance of indicating compatibility in conjunction with your work containing OGC, but that's just an intuition. I'm not familiar with an law on the interpretation of the contractual phrase <em>in conjunction with a work</em>.</p></blockquote><p></p>
[QUOTE="pemerton, post: 6815928, member: 42582"] Here are some of the relevant provisions from the OGL: [indent]Clause 2: 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. Definitions, clause 1(d): "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. Clause 7: 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 . . .[/indent] To me, an agreement not to indicate compatibility in conjunction with a work containing OGC looks like just that: an agreement not to indicate compatibility. I guess there's a question of the meaning of [I]in conjunction with a work[/I]. My own feeling is that a link to your product on your blog saying "Here is my product that is compatible with D&D" would be an instance of indicating compatibility in conjunction with your work containing OGC, but that's just an intuition. I'm not familiar with an law on the interpretation of the contractual phrase [I]in conjunction with a work[/I]. [/QUOTE]
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