Oh, the joys of the OGL (Unearthed Arcana)


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MerricB said:
I've just been scanning part of Unearthed Arcana to distribute to my players. I'm being particularly legal about it and attaching the OGL and everything. ;)

However, one of the Product Identity claims nearly tripped me up - all Proper Names are claimed by WotC as product identity. So, there are examples that use proper names! I've just been merrily substituting meaningless names for their meaningless names...
I'm curious. (Don't ask. I am somewhat reluctant to buy UA at this time.)

What did the book's legal notice have to say about Designation of Open Game Content (OGC)?
 

Yair said:
Legally, yes.
Unless, perhaps, you are not publishing it. In that case I think it can fall under 'fair use'. Publication does include putting it in an interenet site. I'm not sure if it includes putting it in a site that requires a password to enter or download.
IANAL (I am not a lawyer), this is just how I understand it.

That's right (I am a lawyer, sort-of). :)
Putting stuff on a website _can_ amount to publication, I'm not sure if it _always_ does, but maybe that depends on jurisdiction.
It sounds to me as if the action described definitely does not amount to publication, does fall under fair-use, so no OGL-compliance required.
 

Ranger REG said:
It doesn't matter whether you're making money or not. Distribution is the legal keyword. If you buy one product from a publisher and start to mass-copy it and distribute the copies for free, then the publisher will have loss money because many customers would prefer the free copy of their product, however it is unauthorized and illegal. In this way, you're taking away potential revenue.

It will then force the publisher to spend more money to combat against photocopying and scanning. That means in order to replace those money they have to raise the price of their product.

Well publishers lose money if you photocopy bits of a rulebook you bought for use by the other players in your game group, so they don't all have to buy the rules. That may be 'unauthorised' and it may raise the price of the books that are sold, but that doesn't necessarily make it illegal. 'Undesired by publisher' does not equal 'illegal', at least not yet. ;)
 

While that is technically distribution, having copies of one book for one gaming group averaging 4 players is not that damaging, and I believe they expected that.
 
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Ranger REG said:
I'm curious. (Don't ask. I am somewhat reluctant to buy UA at this time.)

What did the book's legal notice have to say about Designation of Open Game Content (OGC)?

Product Identity: ... All trademarks, registered trademarks, proper names (characters, deities, artifacts, places, etc.), artwork, trade dress, and the names and game statistics for the following monsters: beholder, displacer beast (a few more D&D monsters listed, nothing that surprising).

Open Content: Except for material designated as Product Identity (see above) and the githyanki/githzerai, slaad and yuan-ti bloodlines in Chapter 1, the contents of this Wizards of the Coast game product are Open Gaming Contact, as defined in the [OGL...]

Those are the relevant portions. Exceptionally clear and broad definitions. Fantastic work from WotC!

Cheers!
 

Technically, this is not legal, even with the OGL attached. The OGL permits you to distribute any of the text marked as OGL content and none of the text with PI. The OGL does not give you ANY access to the artwork and the page layouts - even those fancy borders around the edge of the page. All of that is still protected by copyright.

To be legal, you have a couple of choices:
1) you could scan the pages and digitally extract (OCR) the text (Acrobat can do this with some degree of competence) into a file that will be distributed
2) you can type out the rules you want, even using the exact phraseology into a new document, though personally I would paraphrase
3) you can wait until WOTC or someone else compiles a UA SRD and posts it online for use. This is basically somebody else doing option #1

Personally, I would do what you're doing and be done with it. But it would be incorrect not to think that this was a copyright infringement.



MerricB said:
G'day people!

I've just been scanning part of Unearthed Arcana to distribute to my players. I'm being particularly legal about it and attaching the OGL and everything. ;)

However, one of the Product Identity claims nearly tripped me up - all Proper Names are claimed by WotC as product identity. So, there are examples that use proper names! I've just been merrily substituting meaningless names for their meaningless names...

Actually, there was a reference to Sigil that really had to be deleted. And a mind flayer. :)

But, a six-page PDF is now ready to send to my players, with the variant rules I deem good for the low-magic swashbuckling game one of my players wants to run: Urban Ranger, Defense Bonus, Action Points, Reputation, Contacts. They also get a free copy of the OGL version 1.0a! Aren't I nice! ;)

(Hopefully these rules will make the players want more and to get UA as well, but we'll see!)

Cheers!
 

orangefruitbat said:
Technically, this is not legal, even with the OGL attached. The OGL permits you to distribute any of the text marked as OGL content and none of the text with PI. The OGL does not give you ANY access to the artwork and the page layouts - even those fancy borders around the edge of the page. All of that is still protected by copyright.

It sounds to me like he's OCRing it -- "substituting meaningless names for their meaningless names" and deleting mind flayers et. al..
 



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