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Message: <blockquote data-quote="Orcus" data-source="post: 277578" data-attributes="member: 1254">Plus, I wouldnt put much stock in deciding "what WotC is cool with." They may not know about it or they may decide it is not protectable. But the biggest issue is the way WotC decides to enforce the license does not control how others decide to enforce it.Frankly, uncertainty about the license is probably the biggest reason to clear your use of OGC with the original publisher--you can make sure you are complying in their view with the license terms. I dont mean adding a new term to the license or restricting the OGC. I mean that the license is still 100% untested. Why risk either of you misunderstanding the licnese and one or the other taking action when you can contact the publisher and say "I am planning on using this, you're cool with that, right?" and then the publisher says "yeah, go for it" or maybe "uhm, careful with that, maybe you didnt notice but we marked [cool setting name] as PI and I think you mean to use that which we would have a problem with." That way you can work out any issues before hand. Because believe me, no one wants to send out nasty grams. You increase your chance of goofing up if you dont talk to the prior publisher. As I said, I have even reviewed other people's legal appendixes and said "you got it right, as far as we are concerned we wont allege you are doing it wrong." If you are the subsequent publisher, that is a nice thing to know ahead of time. That is a reason why I put instructions in Tome of Horrors on how to use the Open Game Content in that book with tons of examples. Plus I add a promise that if people follow the instructions I provide showing people how to reuse the content, then we wont allege they havent done it right. I am hoping that increases the chance of reuse.So unless you are 100% convinced that you are doing everything right in complying with the license in using someone else's OGC, it just makes the most sense to contact them to avoid disagreement over the OGC and any resulting unpleasantness. And I dont think I know anyone (or a very small number of people anyway) who is 100% convinced that they are doing everything right with the licenses.(See, even if I can't persuade you with an ethical argument why you should contact the original publisher, here is a good solid practical reason why you should.)Clark</blockquote>

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