OGL/SRD questions

[Anthelios]

Reading the post about the Saga Fantasy game got me to thinking about the OGL and the SRD. Mainly just a few questions.

1.) Cant you make your own system, say a magic system, and include it with the SRD, but not part of the OGL? Example: I make up a new class. Is this automatically OGL because its a class?

2.) Do you retain the rights to your own content, if it's claimed as Product Identity?

3.) Whats the problem with making your own system and adding it to the OGL? Why base it off currently existing OGL systems?

Sorry if these questions are obvious.. I just cant wrap my head around legalese.

 

[Starglim]

Reading the post about the Saga Fantasy game got me to thinking about the OGL and the SRD. Mainly just a few questions.

1.) Cant you make your own system, say a magic system, and include it with the SRD, but not part of the OGL? Example: I make up a new class. Is this automatically OGL because its a class?

2.) Do you retain the rights to your own content, if it's claimed as Product Identity?

3.) Whats the problem with making your own system and adding it to the OGL? Why base it off currently existing OGL systems?

Sorry if these questions are obvious.. I just cant wrap my head around legalese.

1. Anything that you publish that's based on Open Game Content must remain Open Game Content. For example, your class table and most, if not all, of the rules for your class abilities are derived from the SRD. You can make the class name and descriptive text Product Identity so that the only parts others can copy are the game mechanics.

2. You always retain the rights to your own content. The OGL only grants specific licence for others to use parts of it in a particular way and with conditions. Those permissions don't extend to the parts of your own content that you label PI.

3. You can certainly release a completely new, non-d20 system under the OGL and several companies have. However if you derive your system from OGC sources you must give credit to them through the licence.

 

[Anthelios]

Thanks! Thats pretty much how I saw it. So you can selectively use the OGL/SRD in your product. If you create something that's entirely new, like a non-skill/feat/talent system then that system itself could stay your's.. provided you don't make it OGL. Okay.

 

[Psion]

1. Anything that you publish that's based on Open Game Content must remain Open Game Content. For example, your class table and most, if not all, of the rules for your class abilities are derived from the SRD. You can make the class name and descriptive text Product Identity so that the only parts others can copy are the game mechanics.

You can. But if you make the name PI, a kitten dies. Think of the kittens.

 

[Ranger REG]

Reading the post about the Saga Fantasy game got me to thinking about the OGL and the SRD. Mainly just a few questions.

1.) Cant you make your own system, say a magic system, and include it with the SRD, but not part of the OGL? Example: I make up a new class. Is this automatically OGL because its a class?

If you follow the same format as all the classes such as the class table, class features description, class skill list, hit points, etc. The only thing you can claim PI is the fluff description.

2.) Do you retain the rights to your own content, if it's claimed as Product Identity?

You retained full copyright.

If anyone uses your Contributed OGC without the OGL, you can claim copyright infringement.

If anyone uses your PI with or without the OGL, you can file lawsuit against the violator.

3.) Whats the problem with making your own system and adding it to the OGL? Why base it off currently existing OGL systems?

It's not so much a problem than a difficulty trying to come up with fresh, original game mechanics to add to the existing ruleset without it being derived from any prior existing OGC. So you'll have to be aware if what you're offering -- be it OGC or PI -- is not based almost exactly with someone else's.

Sorry if these questions are obvious.. I just cant wrap my head around legalese.

To be brutally honest, you're talking to the wrong folk (unless one of us folk is a certified lawyer). See My Disclaimer Below.

If you're going to use any licensing agreement, even the Open Gaming License, it is best to have a lawyer by your side as insurance.

 

[Griffith Dragonlake]

I Am Not A Lawyer.

A careful reading of the d20 license and the Open Gaming License indicates that all d20 content is Open Gaming Content (OGC) whereas all OGC is not d20. The d20 or not d20 is simply whether or not you choose to use the d20 logo and/or declare compatablity with D&D. Doing so restricts you from a small number of functions, e.g. describing how to assign ability scores. You can state that characters have a specific point buy, but you cannot state how to assign those points. All in all, there's very little in the d20 license that you cannot do. New magic system? d20. No skills or feats? d20. Use playing cards to resolve combat instead of rolling a d20? d20. Changing the definition of what "dazed" means? OGL, not d20.

In answer to you questions:

1. All work based on the SRD must come with an updated Open Gaming License regardless of whether or not you choose to indicate D&D compatibility.

2. You retain copyright to all content you create. Fluff may be declared as product identity which means that others must get your permission. Gaming mechanics cannot be declared as product identity. Not that claiming generic flufff as PI is considered bad form (I'm looking at you Monte Cook). For example, "magic arrow" could be declared PI but violates the spirit. "Bob's Magic Arrow" is the intent of PI.

3. There is no problem with modifying OGC and releasing it under the terms of the OGL. The only reason to base it off of existing OGC and use the OGL is because the heavy lifting of game engine design has been done for you. If you intend to design an entire game from the ground up, there's no benefit from using the OGL. If you wish to indicate D&D compatibility, then you must follow the OGL and the d20 license.

 

[Nellisir]

Reading the post about the Saga Fantasy game got me to thinking about the OGL and the SRD. Mainly just a few questions.

1.) Cant you make your own system, say a magic system, and include it with the SRD, but not part of the OGL? Example: I make up a new class. Is this automatically OGL because its a class?

2.) Do you retain the rights to your own content, if it's claimed as Product Identity?

3.) Whats the problem with making your own system and adding it to the OGL? Why base it off currently existing OGL systems?

Sorry if these questions are obvious.. I just cant wrap my head around legalese.

A few quibbles about terminology:
The OGL is a license that creates Open Game Content. Nothing "becomes" OGL or is added to the OGL. Stuff becomes OGC under the OGL.

And a few more answers to add to those you've already gotten...
2 - you retain the rights to your content whether you claim it as PI or not. The OGL doesn't require you to give up any kind of property.
3 - no problem; been done. And, compatibility. Ease of use. not reinventing the wheel.

 

[jmucchiello]

Thanks! Thats pretty much how I saw it. So you can selectively use the OGL/SRD in your product. If you create something that's entirely new, like a non-skill/feat/talent system then that system itself could stay your's.. provided you don't make it OGL. Okay.

The problem here is "entirely new". If it is truly entirely new then how does it interact with existing characters? Once your system causes an effect on existing-OGC character, you enter murky waters of derivative works. If your system uses playing cards, a set of checkers and a sombrero to perform checks in its rules, that's great. But if the result of getting 6 checkers in the hat before the queen of spades is drawn causes my character to become fatigued, well, fatigued is part of the SRD and while the card drawing-checkers in the hat mechanism is certainly protected, the results still need to be OGC in order to be useful.

Put another way, if your system does not cause hit point or ability damage/healing and it doesn't affect BAB, attack rolls, saving throws, skill check etc and it doesn't inflict defined effects on characters (fatigue, paralysis, helpful), then what does your system do to characters and how is really part of the game I'm playing?

Finally, if you really have questions about the OGL and you are thinking about using it, you should higher a lawyer. Message boards are not the place to seek legal advice from.