[OGL Questions] Is Dungeons and Dragons a game?

[TerraDave]

The OGL contains very little copyrigthed material. Most of it is explinations on how to play which are usable by others anyway.

If you mean the SRD, I think it is 100 percent copyrighted, and actually contains almost no explanation of "how to play".

 

[Chaos Disciple]

The OGL is a way out of this mess. The OGL gets rid of all the gray area, and replaces it with a set of affirmative rights. If you follow the OGL, and use it as designed, you will be operating with clarity rather than murk. Some material (Open Game Content) will be yours to use as you wish. Other content (everything else) will not. The OGL's effect in clarifying the rights of everyone involved lead directly to a significant amount of new material being created and used by publishers who may not otherwise have made the attempt for fear of being sued over copyright infringement.

Ryan

I can understand the compilation of information for the benifit of the game industry but why inculde the use of trademarks and the requirment of advertising for WotC and the OGL when this information is for the most part not covered by a copyright?

Also if the OGL is to assist the community in producing legaly compatible game material why would its creators ever pursue a court battle over somthing thats already free to use? I dont see why there would be any danger of legal trouble as long as I only use the game mechanics.

 

[Morrus]

From the United States Copyright Office website: http://www.copyright.gov/fls/fl108.html

"The idea for a game is not protected by copyright. The same is true of the name or title given to the game and of the method or methods for playing it.
Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form. Copyright protection does not extend to any idea, system, method, device, or trademark material involved in the development, merchandising, or playing of a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles."



If Dungeons and Dragons is a game and has no copyright protection then what is the purpose of an Open Gaming License?

Does the OGL promote or prevent the production and distrabution of similar game material by others?

Also, I have designed a game system that uses most of the rules found in D&D but does not use any legally copyrighted material and if "nothing in the copyright law prevents others from developing another game based on similar principles." is it safe to believe there will be no legal action aginst me for publishing a game like this with out mentioning the OGL?


Any input from people involved in the RPG industry and who have experiance with the OGL is encouraged

The name "Dungeons & Dragons" is trademarked, not copyrighted.

The copyright as applyng to the bulk of the game itself is not clear-cut, and is challengable. By using the OGL, WotC is saying "if you do it this way, there is no risk to you: we will not challenge you, because we are giving you explicit permission by way of a license".

So it's a safe, easy way of making sure everyone is happy. So why not use it?

 

[Glyfair]

I can understand the compilation of information for the benifit of the game industry but why inculde the use of trademarks and the requirment of advertising for WotC and the OGL when this information is for the most part not covered by a copyright?

This the gray area Ryan was talking about. For example, it can be argued that having the classic 6 D&D stats is infringing, while having a very different set of 3-18 stats isn't. I could argue that Str, Int, Wis, Dex, Con & Cha is an expression and not a game mechanic.

I don't think that particular level is. However, as Ryan has stated, we won't know until it's litigated in court. With the fragile nature of the gaming industry, I don't see that ever happening. Most companies can't afford the litigation, and those that can usually can get around it more cheaply by creating some sort of working relationship.

 

[Chaos Disciple]

This the gray area Ryan was talking about. For example, it can be argued that having the classic 6 D&D stats is infringing, while having a very different set of 3-18 stats isn't. I could argue that Str, Int, Wis, Dex, Con & Cha is an expression and not a game mechanic.

I don't think that particular level is. However, as Ryan has stated, we won't know until it's litigated in court. With the fragile nature of the gaming industry, I don't see that ever happening. Most companies can't afford the litigation, and those that can usually can get around it more cheaply by creating some sort of working relationship.

Now Im wondering if I wrote the game using information in the OGL which is intended to be for use by everyone while avoiding any copyrighted or trademarked material why would WotC bother with legal action? This seems contray to the intention of the OGL.

I would like to point out that my game can not gain a copyright etheir so its not a battle over who owns the game simply because no one can.

 

[kenmarable]

I might release the game Ive designed in a free pdf. with no author listed just to get it out to the community while avoiding legal trouble.

Well, for starters, free and without an author listed don't mean squat legally. Period, exclamation point, etc.

A lot of people seem to operate under the myth that "if it's free, it's not copyright infringement". Maybe WotC won't care as much (and it's entirely up to their mood), but it is absolutely not a reliable way to avoid legal trouble.

Trying to make it anonymous is most likely very counter-productive to getting WotC to look the other way, in fact.

If I were you, considering you missed those very basic issues, I'd be skeptical of any legal interpretations you may make. Just go with the OGL like dozens (hundreds?) of other publishers have for the past several years whether it's free or for profit. Don't strike off into questionable legal territory unless you REALLY know what you're doing.

 

[Chaos Disciple]

Well, for starters, free and without an author listed don't mean squat legally. Period, exclamation point, etc.

A lot of people seem to operate under the myth that "if it's free, it's not copyright infringement". Maybe WotC won't care as much (and it's entirely up to their mood), but it is absolutely not a reliable way to avoid legal trouble.

Trying to make it anonymous is most likely very counter-productive to getting WotC to look the other way, in fact.

If I were you, considering you missed those very basic issues, I'd be skeptical of any legal interpretations you may make. Just go with the OGL like dozens (hundreds?) of other publishers have for the past several years whether it's free or for profit. Don't strike off into questionable legal territory unless you REALLY know what you're doing.

If the Game does not have an author how does WotC know who wrote it and therefore who to go after?

 

[Glyfair]

Now Im wondering if I wrote the game using information in the OGL which is intended to be for use by everyone while avoiding any copyrighted or trademarked material why would WotC bother with legal action? This seems contray to the intention of the OGL.

Part of the intention is for WotC to allow others to produce material for D&D and distribute it without the long licensing procedures, and while protecting their interests. They came up with the OGL to do so.

By choosing not to use that license*, you put WotC in a position where they would be concerned that you aren't protecting their interests.

*Ignorance is another thing, but clearly you know about the OGL, so not using it is a choice. Even then, if WotC choose to take action the first action would be a notice to correct it, almost certainly.

 

[Scott_Rouse]

If the Game does not have an author how does WotC know who wrote it and therefore who to go after?

Um, because you are here talking about it.

Use the OGL that's why it is there.

 

[Chaos Disciple]

Part of the intention is for WotC to allow others to produce material for D&D and distribute it without the long licensing procedures, and while protecting their interests. They came up with the OGL to do so.

By choosing not to use that license*, you put WotC in a position where they would be concerned that you aren't protecting their interests.

*Ignorance is another thing, but clearly you know about the OGL, so not using it is a choice. Even then, if WotC choose to take action the first action would be a notice to correct it, almost certainly.

I am dissappointed to hear that WotC could consider material which is perfectly legal to use without the OGL as a threat to the game or their "intrests". And extremly concerned that they would try to force the OGL on the RPG industry through legal means.