Redblade Character Generator Rocks

[hong]

Don't get snippy. I'm trying to be helpful. There's no cause for a statement like that on these forums.

This is true. That's why you'll know that when I do get cranky, I'm doing it for its own sake, like anything worth doing.

For more information on why, go check the OGF lists. You'll also find all sorts of debate about how you should "clearly mark" things.

Screw that, I think I'll just indulge in the odd drive-by copyright violation. Adds spice to life.

 

[Morrus]

Damn.

I posted the news about Redblade yesterday, and knew that WotC would contact them shortly thereafter - and now they have.

I feel kinda bad about that. I felt obligated to post the scoop because I knew that people would find the generator useful, but I really have no interest in "grassing people up". I was in two minds as to whether I should mention the software yesterday because of that.

Ah well. Hopefully he can fix the software to be OGL compliant.

 

[linnorm]

Originally posted by Fractalwave

As I mentioned in one of my other posts that was probably too longwinded for some, nobody has to conform to the OGL under one condition...

I was able to finish the post, my mommy helped me with the big words.

Originally posted by Fractalwave If E-Tools enters in a separately negotiated licensed with the actual owner of the material that they wish to include, then the OGL does not apply.

In effect, it would be the E-Tools people negotiating with all the copyright holders for a particular book for the license/right to use their material. The problem with doing this is then you have to enter separate negotiations and agreements with all the different people for all the different books.

This is the one thing that the OGL does for you. You don't have to enter a bunch of different legal agreements and incur those costs to use material declared as open.

Does that mean that E-Tools folk won't do this? Nope. But in my opinion, unless the bulk of the book is NOT declared as OGC they'd be foolish to do so. It's a waste of money.

So what you're saying here is that the copyright holder of a work is free to ignore the terms of any licenses they (the copyright holder) may apply to said work at thier leisure? Why bother with the license then? What's confusing me here is the idea that the rules (or license) only apply sometimes.

Linnorm

 

[CRGreathouse]

So what you're saying here is that the copyright holder of a work is free to ignore the terms of any licenses they (the copyright holder) may apply to said work at thier leisure? Why bother with the license then? What's confusing me here is the idea that the rules (or license) only apply sometimes.

If you write a license that allows people to distribute something of yours, but only on Tuesdays, yopu could choose to follow your own restriction in the license you wrote. However, you don't need to follow the license to distribute your own work, so you could distribute it on Fridays, too. Everyone else needs the license to distribute it.

 

[poilbrun]

What is a bit disturbing in the issue of software having to comply with the OGL/D20 STL, is that, before these licences, in AD&D 2nd edition, there were character generators that were allowed to exist and to thrive. Now, with the OGL, you can't even do that.

 

[Klintus Fang]

The OGL has absolutely nothing to do with whether or not you can do that. The reason it would have been doable before the OGL is if the owners of the copyrighted content in question chose to not enforce their rights.

 

[poilbrun]

The OGL has absolutely nothing to do with whether or not you can do that. The reason it would have been doable before the OGL is if the owners of the copyrighted content in question chose to not enforce their rights.

Oh, I know that, I'm quite knowledgeable about the OGL and D20 STL actually...

What I meant was that WotC, after having bought TSR, didn't care about the electronic utilities that existed for AD&D 2nd. Now, they have given the opportunity to use their material to create material derived from it, but on the other hand, don't enable the fans (I'm not talking about the companies making money from it) to enjoy their hobby to the fullest, since they cannot create everything they want. The best example here is the material that is not in the SRD : I couldn't post on my website an adventure for the FR which would include an NPC that has a level in any PrC that is not OGC. Worse yet, I couldn't give a wizard the spell Mordenkainen's Disjunction but I would have to give him the spell called Disjunction, which means that someone who doesn't know that I'm not allowed to use the name Mordenkainen in my adventure wouldn't know where to find the spell.

My conclusion is that to ensure that companies can make money from D&D, they have decided to alienate the fans, since even free "from the fans for the fans" material has to follow a rigid set of rules that doesn't enable a fan to benefit from an other fan's work.

 

[chilibean]

Have you agreed to use the OGL or d20 licenses? If you haven't, then you aren't bound to them. A contract that has not been accepted is not enforceable.

In the OGL it states that by using OGC, you agree to the OGL. Are you using OGC? If not, then the OGL doesn't mean anything to you.

Did you send in the d20 card and start using the d20 logo? If not, then you aren't bound by the d20 license either.

IIRC, nothing in the FRCS is OGC. In the copyright notice on the first printed page of the FRCS it states that WotC claims as a Trademark all "Wizards characters, character names, and distinctive likenesses thereof ...". I don't know if such a blanket claim is legally enforcable or not, but let's assume it is until otherwise proven.

So if you wish to publish your adventure which is in FR, you simply must not duplicate any copyrighted material. If you reference any trademarks (ie. "Wizards characters, character names, and distinctive likenesses thereof") then you must put (tm) next to that, and in a footnote declare that this is a trademark owned by WotC. Other than that, why can't you put your adventure on the web?

Be sure and put a page in front of the adventure with a link to the adventure that can only be gotten to by agreeing to your "terms and conditions". In that, make sure you say something to the effect of "by agreeing to these terms, you agree that the place of publication of this adventure is <your_home_town> and is bound by the laws therein, and any litigation regarding this will be done in <your_home_town>." Because if you don't, they can file a lawsuit against you in their city, and if you don't show up to court to defend yourself, you automatically loose. Since they know most people won't spend the money to fight a lawsuit in another city, they automatically win anything they feel like, even if their claim is baseless. If they serve you with a "cease and desist letter", then file a lawsuit against them immediately (in your city) to prevent them from baselessly harassing you. Then they can either fight that lawsuit (which may be just a bluff, but they don't know that) at considerable expense, or compromise and allow your adventure to sit where it is. Hiring an attorney to file the lawsuit for you shouldn't cost a whole lot. Or just file it in small claims court for like $20. Actually litigating a case may cost a bunch, but I'm not saying that you should spend that much money.

If everytime someone receives a C&D letter, they immediately respond with a lawsuit, perhaps they will slow down the printer speed on those damn C&D letters.

Anyway, this is just my opinion based on my very limited understanding of the law, so consult a lawyer before you do anything.

 

[Klintus Fang]

Personally, I don't think its really a sudden change in policy on WoTC's part regarding the use of their copyrighted material. The thing that has changing I think is the nature of publishing, and companies are trying to deal with it, for better or worse.

TSR would have attempted to nail you for copyright infringement in the early 90's or even before that if you ever attempted to publish anything in hard back that made use of their copyrighter material. They wouldn't have cared much if you distributed the same thing electronically on the internet because the internet was not yet a mature publishing vehicle at the time.

Now it is the 21st century and the internet is most definitely a vehicle for mass publication. Companies are changing their attitudes because of it. I don't think its unique to WoTC's particular style of management really. I expect that if TSR was still in running the DnD jugernaut they would be attacking online violations of their copyrights by now also.

That's just my opinion of course.

 

[Sm!rk]

Have you agreed to use the OGL or d20 licenses? If you haven't, then you aren't bound to them. A contract that has not been accepted is not enforceable.

Well naturally, however unless you plan on paying WotC for some other license you will not be able to use any of their copyrighted material. Simple.

So if you wish to publish your adventure which is in FR, you simply must not duplicate any copyrighted material. If you reference any trademarks (ie. "Wizards characters, character names, and distinctive likenesses thereof") then you must put (tm) next to that, and in a footnote declare that this is a trademark owned by WotC. Other than that, why can't you put your adventure on the web?

That is incorrect. If it were that easy then copyright/trademarks and patents would be meaningless. If your work or yourself profits from the use, then there is no way for you to use it without a license from the copyright holder. Where license can just be explicit permission as is done for many copyrighted works.

Be sure and put a page in front of the adventure with a link to the adventure that can only be gotten to by agreeing to your "terms and conditions". In that, make sure you say something to the effect of "by agreeing to these terms, you agree that the place of publication of this adventure is <your_home_town> and is bound by the laws therein, and any litigation regarding this will be done in <your_home_town>."

This sounds like some crazed folk lore tale. Who told you this would "work"? If its anyone but a lawyer you should forget you ever heard it. And last I checked copyright is held at the national level, your home town can make up any laws it wishes about copyright, but guess what?

If everytime someone receives a C&D letter, they immediately respond with a lawsuit, perhaps they will slow down the printer speed on those damn C&D letters.

Not likely, the company lawyer is paid either way, that is if he is sending C&Ds or not.