[OGL Questions] Is Dungeons and Dragons a game?

[Scott_Rouse]

Dont worry Scott since the game I have created wont get a copyright so you can make books for it and not get sued

If I worried about this stuff I'd drop dead from a heart attack.

 

[Chaos Disciple]

Don't take my post any any sort of big brother attitude. I was simply answering a question you brought up.

I am also not try to cram the OGL or SRD down the RPG industries throat. They are simply resources we created and we would like to see them used. They are there if you need them and I happen to think they are pretty darn good resources.

That reply was for Glyfair

 

[Chaos Disciple]

If I worried about this stuff I'd drop dead from a heart attack.

Well Im just hoping WotC wouldnt put that fear in others

 

[Yair]

I'm not a lawyer nor a publisher, but I've thought about these matters a bit. So here's my take.

Chaos Disciple - you might be right. If you only copy the game mechanics, not the text, of the D&D game/SRD then you're not violating copyright per se. Except that, as Ryan Dancey said, you might also be wrong. Whether you like it or not, just using the same game mechanics or even themes might lead to PI infringement. So if you want to do things legally, use the OGL.

But you know you can't do things legally. That's why you don't want to put your name on the thing. Fine. Don't ask about the OGL, then. Just go ahead and post your work, disregarding all copyright. While this offers you no legal protection, in practice a fan work distributed for no profit over the internet that isn't directly quoting WotC's stuff or copying from it with slight modifications ("Complete FIGHTER, not Warrior!") is almost certain to slip under WotC's radar. Almost. I'll bet good money that this will be the case. So you're pretty safe, and really no one can guarantee you more even if you do follow the OGL or any other legal channel.

I've heard a long time ago that one of the things a court looks into is whether you intend to cut a profit out of the other guy's work; if you don't, it's one consideration against copyright infringement (although this isn't the only thing the court looks into!). So just possibly publishing for no profit might help your case ever so slightly. (Publishing without credit I believe will not, as it will amount to an implied admission of guilt.) As the Supreme Court is increasingly populated by Republicans and anti-trust laws are repeatedly weakened, however, I wouldn't bet on it. (Not that you could afford to make it to the Supreme Court. Hasbaro can.)

There are tons of fan sites publishing works unofficially and illegally. I find it unfortunate that WotC doesn't have a clear policy regarding fan work of this sort. It is clearly in the interest of every publisher that his work will get such treatment. In principle, even posting how I am changing the Forgotten Realms to suit my games is a derivative work in violation of copyright; so is publishing a story hour, running a Play-by-Post game... It boggles the mind that the very actions that create and maintain a vibrant fan community are illegal.

Just go with the OGL like dozens (hundreds?) of other publishers have for the past several years whether it's free or for profit.

Actually, if you count individuals and not just professional publishers, I think the sum is in the tens of thousands...

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

You know how much a court case costs? You know how much a private investigator costs? How much would it cost WotC to track you down, you think? If they'll want to sew you, they'll find you.

 

[bodhi]

Now Im wondering if I wrote the game using information in the OGL which is intended to be for use by everyone

(rest snipped)
Everything that is released under the OGL (whether by WotC or someone else) is intended for use by everyone that agrees to the license. The license grants you the right to use the OGC, but also places some requirements on you.

13 Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.

If you do not abide by the requirements of the license, you are not granted the right to use the OGC. And the requirements aren't onerous.

So, why would you prefer not to use the OGL (and OGC) for your project? Just the principle of the thing?

Oh, and one reason WotC might go after you is to underscore the point that text released under the OGL is not thereby released into the public domain.

 

[Whizbang Dustyboots]

Pretty sure the "are you going to make a profit off it" consideration is urban legend.

 

[Glyfair]

Pretty sure the "are you going to make a profit off it" consideration is urban legend.

From a couple of "copyright myth" sites it seems that it is likely to affect the penalty from copyright infringement. That, in turn, may affect how likely it is to go to court and not be settled in some fashion.

 

[Fifth Element]

I dont really fear any legal response because the game wont violate copyright or trademarks also I can give it away with out putting my name to aviod any problems

As has been said, you may be right about the copyright. However, if you don't fear a legal response, why would you not put your name on it? You've already got the attention of a couple of WotC bigwigs here, so it may be difficult to "fly under the radar", so to speak.

And again, it's not the writing that causes potential problems, it's the distribution.

There is a very straightforward, easy-to-understand way to do this without risking any sort of legal repercussions: the OGL. Think about it.

 

[Fifth Element]

Pretty sure the "are you going to make a profit off it" consideration is urban legend.

I believe it may be considered in the determination of damages, not in the determination of whether there's infringement.

 

[PapersAndPaychecks]

I investigated this to death in producing OSRIC.

You'll notice OSRIC uses the OGL. I genuinely fail to understand the reasons why any game author wouldn't use it.