Ampolitor said:
but can you use the SRD for the OGL? I converted my game to D20 a long time ago, so if I used the SRD then I would have to use my own character creation process, and XP process correct? but everything else is covered under the OGL?
I'm not trying to put you down, but stop before you do something bad. Take your product to an established company and try to get them to put it out for you. They have the experience needed to do what you are trying to do, and which you admittedly have little knoweldge of.
The d20 STL and OGL have been out for some time now, and thousands of products have made it out under those licenses. 4e is announced, and most people are stopping or slowing production of d20 material until they get word on 4e.
You're very late in coming to an already saturated market, with a product that is looking to be less than sellable (not quality, just based on the timing of your proposal). Adding to that your inexperience with the licenses, and you're going down a very tough road. I understand that the information provided in this thread isn't enough to just go on, but everyone has made distinctly good points, and you are still questioning what is available via either license.
You're not ready for this in any way, shape, or form. Relax, and work on your setting, and forget the mechanics for a while, and shop the setting around to people that would be willing to do the legal work for you.
d20 Modern sales are slow to begin with compared to the rest of the market, and with 4e coming and hints that Modern will be revisited possibly in 2009, you're in a bind. Not to mention there are already plenty of zombie materials out there for d20 Modern. If your setting or rules are truly unique and worthy of sale, then a publisher will jump on your product. If not, keep working on it until you get it out, or give up on the idea. It's great to want to be in the biz, but starting your own company with no help other than message board posts is downright dangerous. Unproven companies also tend to have passive sales records, so you shouldn't expect anything but a loss with this product. Even some of the more experienced houses are kinda folding things up and putting them under the umbrella of more established big names.
Good luck, but honestly - think long and hard if this is really for you. It might just be neat to keep it to yourself, or post up some stuff on the boards for others to see, and not worth the time and hassle to get through the whole production gambit.