The ORC License and Publisher Restrictions

[overgeeked]

So anyone more familiar with the ORC and how it works willing to check this out?

Chaosium has this FAQ up in regards to their QuestWorlds SRD.

QuestWorlds - System Reference Document

FAQ text as of today…

Spoiler

QUESTWORLDS-ORC SRD FAQ​

WHAT IS PROHIBITED CONTENT?​

Prohibited Content is material you can’t use with this SRD. It is defined as:

All trademarks, registered trademarks, proper names (characters, deities, place names, etc.), plots, story elements, locations, characters, artwork, or trade dress from any of the following: any releases from the product lines of Call of Cthulhu, Dragon Lords of Melniboné, ElfQuest, Elric!, Hawkmoon, HeroQuest, Hero Wars, King Arthur Pendragon, Magic World, Nephilim, Prince Valiant, Ringworld, RuneQuest, 7th Sea, Stormbringer, Superworld, Thieves’ World, Worlds of Wonder, and any related sublines; the world and mythology of Glorantha; all works related to the Cthulhu Mythos, including those that are otherwise public domain; and all works related to Le Morte d’Arthur.

CAN’T I MAKE A GAME DERIVED FROM THE PUBLIC DOMAIN PARTS OF THE CTHULHU MYTHOS?​

You are certainly entitled to create your own game using creatures, stories, characters, or locations derived from the public domain stories of the Cthulhu Mythos – you just can’t use Chaosium’s QuestWorlds system to do that. Chaosium already has a game that does just that (Call of Cthulhu), the QuestWorlds-ORC License does not allow you to publish your own variant of Call of Cthulhu.

HOW ABOUT LE MORTE D’ARTHUR – THAT STORY IS SIX HUNDRED YEARS OLD!​

You are certainly entitled to create your own game using creatures, stories, characters, or locations derived from the Le Morte d’Arthur – you just can’t use Chaosium’s QuestWorlds system to do that. Chaosium already has a game that does just that (King Arthur Pendragon), the QUESTWORLDS-ORC License does not allow you to publish your own variant of King Arthur Pendragon.

CAN I MAKE A GAME USING PUBLIC DOMAIN MATERIAL?​

Unless the materials are on the list of prohibited content, you can certainly do that. Make that Jules Verne game you always wanted, or something based off the works of Alexandre Dumas, or an ancient Roman trip to the moon inspired by Lucian of Samosata. Just make sure of two things: 1. this isn’t on the list of prohibited content; and 2. it is really public domain.

CAN I MAKE A GAME USING SOMEONE ELSE’S INTELLECTUAL PROPERTY?​

If it isn’t public domain, then you will need a license from the owner of the materials to create a game using their IP. Period. There is no fair use to Star Wars.

According to their FAQs they won't permit people to make anything based on the Cthulhu Mythos or King Arthur, despite both being in the public domain. So some of the exact same ridiculous restrictions they've been trying to push for years.

Question: is that even allowed under the ORC? I can't find anything in the ORC that suggests this is permitted, but Chaosium seems to think they can.

ETA: Link to the ORC License.

ETA2: Sorted by post #18.

 

[jdrakeh]

Chaosium has fumbled every open license they've offered by trying to place very strict limitations on it. One would think by reading their various licenses that they don't understand the concept of an open license at all. This was certainly the case with their earlier attempt at an open license, at any rate.

 

[SlyFlourish]

This is one of the reasons I'm not a fan of the ORC license. Creative Commons is a much clearer license.

 

[Morrus]

Interesting. I’d have to look at ORC again. I don’t immediately recall any provision which prevents you using content your have legal access to. I assume we’re not confusing ORC and some trademark/logo license of their own here?

 

[overgeeked]

According to the ORC, trying to impose additional restrictions is a breach of the license.

The ORC AxE: “Breach only arises if you:

• Fail to grant back to the community an ORC License in your Adapted Licensed Material (Sec. II.b.);
• Try to apply different terms to the Licensed Material on downstream users or apply Effective Technological Measures to the Licensed Material that restricts exercise of the Licensed Rights by others (Sec. II.b.);”

The ORC License: Sec II.b. “…You may not offer or impose any additional or different terms or conditions on the Licensed Material or apply any Effective Technological Measures to the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.”

 

[Twiggly the Gnome]

And the clause in the ORC about reserved materials specifically address intellectual property in the public domain:

Reserved Material means trademarks, trade dress, and creative expressions that are not essential to, or can be varied without altering, the ideas or methods of operation of a game system, including works of visual art, music and sound design, and clearly expressed and sufficiently delineated characters, character organizations, dialogue, settings, locations, worlds, plots, or storylines, including proper nouns and the adjectives, names, and titles derived from proper nouns. The term Reserved Material shall in no event include elements that have been previously expressly designated as Licensed Material by that material’s Licensor, that are Adapted Licensed Material, that constitute Third Party Reserved Material, or that are in the public domain.

 

[Morrus]

Hmmm. @Michael O'Brien who would be the best person to talk to at Chaosium about this?

 

[overgeeked]

Looking through their other webpages on similar topics, and giving Chaosium the benefit of the doubt, it looks like it’s an artifact from their earlier licenses as that text doesn’t appear anywhere else that I could find.

 

[overgeeked]

The term Reserved Material shall in no event include elements that have been previously expressly designated as Licensed Material by that material’s Licensor, that are Adapted Licensed Material, that constitute Third Party Reserved Material, or that are in the public domain.

I can see the argument being that they call it “probibited” rather than “restricted.” But “prohibited” is not a term used in the ORC License. And any such restrictions are explicitly against the license.

 

[Spectral Anomaly]

This really does look like they've overstepped their bounds with regards to the ORC license to the point where they themselves may be in violation of it, thus potentially rescinding their ability to use it.