Staffan said:
That depends on which fan-site policy you refer to. Right after WOTC bought TSR, they had a policy that was summarized as:
"According to the policy (above), as long as (1) you're not copying our text, (2) you're not copying our art, (3) you're not copying our logos, and (4) you're not making money off of it, you can use our properties to make your own fan material (within good taste - no porn, etc.). That's it. Make your stuff. Have fun."
Seeing as the policy in question even allowed the use of TSR's IP to make MUDs (as long as they didn't generate revenue), PCGen would be totally legal under that policy. However, soon after the release of 3e WOTC took down that policy. The only thing I've seen about fan-created material since is Ryan Dancey saying "Right now, my plan is pretty simple: If you're charging money for any aspect of D&D, you're going to be required to use the OGL and the d20 STL. If you say you're following the OGL or the d20 STL, you're going to be forced to follow them. So, if you've got a fan site that's a collection of characters, and they don't claim to be using the OGL or the d20 STL, and they're not charging money, we're going to ignore them." (from http://www.d20reviews.com/Eric/d20guide/d20intro.htm)
It's definitely easy to see how the PCGen folks could have considered themselves "safe".
Sigh - I have so much trouble posting here because I type long messages and then when I hit reply it says I'm not logged in (even though I am!) and I lose my eloquent message. Combine that with the incredible lack of freetime that I have, and you get why I don't post here often.
Without retying to 1,000 word treatise that I just lost....
Staffan, you are absolutely correct. Add to this that I had emailed Wotc back in early 2001 (January I think) to get their permission, and didn't receive a response, and I exchanged email with Ryan Dancey after GenCon 2001 in which he re-itereated his comments in the link you provided above. I felt like we were free and clear of any trouble, but I still wanted official permission... I've had contact with another brand manager at Wotc (not a D&D brand manager) and he also told me that as long as we were free that Wotc wasn't concerned with us. Still, I asked him to forward an email to whomever would be the person I should contact about permission - it turned out that it was Anthony Valterra. Shortly after that was GenCon 2002 and we happened to hear that Anthony wanted to talk to us. We'd been wanting to sit down with him, so it was perfect timing. We walked up to the Wizard's castle, and they paged him for us. He was kind enough to meet with us right away. He requested that we pull all their non-SRD material. Our policy has always been to remove material if a publisher requested that, so we readily agreed. We asked him what we could do to get Wizards to let us include that material again - this is something we would do with any publisher. He said that if we became OGL and D20 compliant, they would consider it.
In january of 2001 (or thereabouts) we had started releasing PCGen in 2 parts... code in one zip and data in another... in preparation for OGL compliance. This was 18 months ago! The OGL actually makes for good coding practices - the logic should be contained in the data to make the code as generic and flexible as possible. I didn't think we needed to become OGL compliant, but it made a lot of sense to aim ourselves in that direction. As we contacted more and more publishers, more of them voiced their preference that we become OGL compliant, so we've had a number of factors leading us in that direction. Add the major carrot of potentially getting Wotc's official permission for all their non-SRD material, and you've got a no-brainer to finish off OGL compliance and go the extra step to D20 compliance. Our release of 3.1.0 was very helpful in that it allowed our userbase to see the changes and to nitpick any remaining issues. At this point all coding issues have been resolved and only the data and documentation need some attention. We hope to have these resolved so we can send our material to Wotc for their inspection. This has gone along very quickly, and my impression is that Wotc is happy with the good faith gestures we've made and the speed of our progress. If they asked us to stop releases until we were completely compliant, we would do so. One of the interesting side effects of our investiations is that a large number of the section 15's of the books we include are not compliant.
Mynex has become my right-hand man and is very plugged into where I want things to head. He's also much more silver tongued than I am, so I'm quite happy to let him be the front man and contact the publishers. I'm more concerned with the aims of PCGen and doing a fair bit of the coding myself. I try to keep up with all the posts on our yahoo board (250+ a day lately), which generally soaks up all my freetime that isn't spent coding. Otherwise I'd be glad to hang out here more, but Mynex and the others seem to handle things well enough.
We will continue to pull any material a publisher doesn't want included - we'll work with publishers who have concerns and we're willing to change the data or functionality to address their issues. We now have a policy in place where we'll send all data to a publisher for their final approval before we include it in our releases. We're trying to be as publisher-friendly as possible. Within PCGen you can view the options from lots of books - click on an item you're not familiar with and PCGen will indicate who the publisher is, what book it came from, and even what page the details are on. You can even right-click on it and go straight to the publisher's webpage to buy the book or find out more about that and other offerings from that publisher. For the details on how that option works, and to use it in an actual game, you need to have the book. No one has ever told me they didn't buy something because it was in PCGen - on the contrary a lot of users have said that they buy things *because* they're in PCGen.
My original post was much longer - I hope I don't lose this one too!
Bryan McRoberts
Benevolent Dictator of PCGen
who plays an 18th (nearly 19th!) level Monk named Merton
NOTE: I've lost to replies... these forums just don't like my account or something!