SRD Legal Hassle - in need of help/advice

Thanks, all of you. Somehow I thought I was missing something, but now I see clearly again :D
I'm feeling a lot better now. Thanks again.


Did you update section 15 correctly?
That's not the point. This "Bjoern Meyer" of Amigo didn't even look at the content - the whole idea of someone else putting parts of the SRD on their site was what caused his anger. He didn't say "You didn't update section 15", or "You failed to mark your OGC", or anything like that. All he said was: "You can't use the SRD. Period."
He obviously doesn't understand the license at all, and if Mr. Meyer even knows what section 15 is, I'd be honestly amazed. :rolleyes:

Also, if you send me the files I will post them on my website.
I don't mind anybody spreading those PDFs (and why should I?), so if you'd like to post them, just send me an eMail (stefan@theothergamecompany.com).

Dude, if all you did was post the 3.5 SRD, whether in PDF format, HTML format, Camel Dung format, or whatever format, then Amigo is full of schwine sheiss.
I'm glad I didn't say that ;)
 

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I just received a new eMail by Mr. Meyer (translation by me):

"Dear Mr. Pietraszak,
our information and/or instructions for consequence (which come directly from Wizards of the Coast), is indeed not to make the SRD available on other homepage or not be offered in files for the download. What's the use? It is available at www.opengamingfoundation.org. The SRD was placed as said as reference for the production of OGL or D20 material on the InterNet and may be used depending upon different licenses (the D20 license differs clearly from the OGL). The rules for the use are very strict. These informations may not be posted just anywhere on the internet.
[...]
Yours sincerely,
Bjoern Meyer



So tell me: how can I enlighten this man? ;)





Once again, the original eMail:

"Sehr geehrter Herr Pietraszak,

unseren Informationen bzw Anweisungen zu Folge (die von Wizards of the Coast direkt stammen), soll das SRD in der Tat nicht auf anderen Homepages bereitgestellt oder in Dateien zum Download angeboten werden. Wozu auch? Es ist ja bei www.opengamingfoundation.org vorhanden. Das SRD wurde wie gesagt als Referenz für die Herstellung von OGL oder D20 Material ins Internet gestellt und darf je nach Lizenz (die D20 Lizenz unterscheidet sich ja deutlich von der OGL) unterschiedlich benutzt werden. Die Vorgaben fü
r die Verwendung sind sehr strikt. Es ist mitnichten als "Freifahrtschein" zu sehen, diese Informationen frei irgendwo im Netz zu posten.

Was die Nennung von Dungeons & Dragons angeht, so ist dies in der Tat bei der D20 Lizenz (wohlgemerkt nicht bei der OGL, bei der kein Bezug zu D&D und D20 hergestellt wird bzw. werden darf) zwingend notwendig - in Deutschland sogar der Hinweis auf die deutschen Versionen.

Mit freundlichen Grüßen
Björn Meyer"
 

Contact a high prices lawyer and get them to take the case based on gaining a % of the money you will reap from the benefits.

The sue the bastard for slander and liable.
 

Flyspeck23 said:
I just received a new eMail by Mr. Meyer (translation by me):

"Dear Mr. Pietraszak,
our information and/or instructions for consequence (which come directly from Wizards of the Coast), is indeed not to make the SRD available on other homepage or not be offered in files for the download. What's the use? It is available at www.opengamingfoundation.org. The SRD was placed as said as reference for the production of OGL or D20 material on the InterNet and may be used depending upon different licenses (the D20 license differs clearly from the OGL). The rules for the use are very strict. These informations may not be posted just anywhere on the internet.
[...]
Yours sincerely,
Bjoern Meyer



So tell me: how can I enlighten this man? ;)


Make sure you ARE using the OGL and using it properly (I know that was stated before, but it is important for the following advice). And then put the files back up on your site because (as stated earlier by another poster), but I shall repeat for the benefit of Mr. Meyer, the SRD is open content.

(Hey, first time I used the bold thingy. Do I get a cookie or something?)

Then, if this person bothers you again, ask them why they are continuing to harrass you. Be polite. It is much more fun to make someone look like an idiot while being polite.

Sorry if this is a little disjointed. I just fell outa bed a few minutes ago...
 

Flyspeck - just make sure that each and every file you post includes the full OGL at the end as drawn from the SRD legal page.

The other option is to CHANGE each file slightly, thus creating NEW derivative OGC from the SRD and post that. For example, add a new familiar to the sorcerer, or some such.

As long as your files EACH contain the Open Game License somewhere in the file and said license includes the SRD reference in the section 15.


OPEN GAME LICENSE Version 1.0a

The following text is the property of Wizards of the Coast, Inc. and is Copyright 2000 Wizards of the Coast, Inc ("Wizards"). All Rights Reserved.

1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement.

2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.

3.Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.

4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

5.Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License.

6.Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute.

7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.

8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.

9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.

10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.

11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.

12. Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected.

13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.

14. Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.


15. COPYRIGHT NOTICE
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.

System Reference Document Copyright 2000-2003, Wizards of the Coast, Inc.; Authors Jonathan Tweet, Monte Cook, Skip Williams, Rich baker, Andy Collins, David noonan, Rich Redman, Bruce R. Cordell, based on original material by E. Gary Gygax and Dave Arneson.
 

Flyspeck23 said:
So tell me: how can I enlighten this man? ;)
Firstly, IANAL!

I'd point him to the OGL and the SRD. If you notice, every file in the SRD says:
This material is Open Game Content, and is licensed for public use under the terms of the Open Game License v1.0a.
And if you follow the OGL (be sure to update your S15!), then, per section 4:
4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

IMO, this man has no leg to stand on. Go ahead and put your files back up. His comment about it being available on other sites (namely the OGF) is immaterial.
 
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Flyspeck23 said:

So tell me: how can I enlighten this man? ;)

Well, start by pointing out that the SRD is at www.wizards.com/d20 , not the OGL site. (That one's out of date.)

Then, tell him that you're using IP licensed by the OGL, and that the OGL gives no restrictions on reproduction of the SRD, in print or on a website. Feel free to tell him that you've consulted with industry professionals on this.

Thirdly, and most importantly, ask him to cite his legal authority to restrict the SRD. There _may_ be a clause in German law that gives him an exclusive right, but I doubt it.

Finally, tell him that you believe that you are in the right, and that the most expedient method would no doubt be to contact WotC's legal department. If you are in violation, they'll be quick enough to tell you to stop.

IANAL, YMMV, etc, et al...
 

Flyspeck,

You don't need to do anything to convince that schmeckle of anything. He's all wet. LET him take it to WoTC. Andy Smith will tell him he's wrong, and there's no higher authority than that for the SRD. Just ignore Amigo and he'll go away, because he can't do diddly.

Chris
 

Well, I did write Andy an eMail... make that two (because I've send him the second "Meyer-Mail" too). Still waiting for any reply, though.

What this boils down to is: don't I have a right to publish D20 material (SRD or otherwise ) because I live in Germany?


@Hellhound:
I did in fact use the OGL, section 15 and all. But that was not the reason he called it "violation of copyright law" - the simple fact that I used the SRD (and only the SRD) made him mad.
And: adding anything new to my "SRD Handouts" can't possibly be the solution, because that would be beside the point (provide gamers with a way to help their fellow gamers make the transition from 3.0 to 3.5 - my own stuff in there would only confuse everybody, myself included :( ).
 

Thanks for the handouts - they were very useful and most appreciated :)

And yes, you do have every right under the OGL to distribute them. Amigo only has the rights to publish translations of the Dungeons and Dragons books into the German language.

While the links are down on your free stuff page, you can still download all six handouts from the links in the news section of your homepage....
 

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