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OGL Questions About "Grey Area"
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<blockquote data-quote="Mark CMG" data-source="post: 6818194" data-attributes="member: 10479"><p>Still bad advice. No one knows what David Kenzer knows: his reasons, his situation, or his agreements and understandings with WotC. In all likelihood, something he does might go unchallenged but bring WotC down on another, given Kenzer's history with WotC. Furthermore, the OGL provides safe harbor for using OGC that isn't covered while not using it. While one, perhaps, gives up the right to claim compatibility (there's no telling how any given such claim would be received), one gives up so much more not using the OGL.</p><p></p><p>There are dozens and dozens of ways to go astray of copyright and trademark law when putting out something meant to be compatible with D&D sans OGL, only some of which have to do with running afoul of WotC. There are now scores of companies who have OGC out there that might inadvertently find its way into a non-OGL work and without the OGL there are no provisions and remedies available aside from traditional legal means.</p><p></p><p>Imagine someone utilizing a term from an Adventure Path and treading unknowingly on Paizo's rights? What if a freelancer who is hired onto the team decides to re-develop something he wrote for someone else that has now become copyright of, say, Green Ronin? While some of those things might be handled by the breach and cure section of the OGL, without that to rely on one could find oneself in a horrible mess.</p><p></p><p>Simply looking over at Kenzer's method without any of Kenzer's personal knowledge and thinking that is something so easily emulated is not wise.</p></blockquote><p></p>
[QUOTE="Mark CMG, post: 6818194, member: 10479"] Still bad advice. No one knows what David Kenzer knows: his reasons, his situation, or his agreements and understandings with WotC. In all likelihood, something he does might go unchallenged but bring WotC down on another, given Kenzer's history with WotC. Furthermore, the OGL provides safe harbor for using OGC that isn't covered while not using it. While one, perhaps, gives up the right to claim compatibility (there's no telling how any given such claim would be received), one gives up so much more not using the OGL. There are dozens and dozens of ways to go astray of copyright and trademark law when putting out something meant to be compatible with D&D sans OGL, only some of which have to do with running afoul of WotC. There are now scores of companies who have OGC out there that might inadvertently find its way into a non-OGL work and without the OGL there are no provisions and remedies available aside from traditional legal means. Imagine someone utilizing a term from an Adventure Path and treading unknowingly on Paizo's rights? What if a freelancer who is hired onto the team decides to re-develop something he wrote for someone else that has now become copyright of, say, Green Ronin? While some of those things might be handled by the breach and cure section of the OGL, without that to rely on one could find oneself in a horrible mess. Simply looking over at Kenzer's method without any of Kenzer's personal knowledge and thinking that is something so easily emulated is not wise. [/QUOTE]
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