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<blockquote data-quote="pemerton" data-source="post: 5806546" data-attributes="member: 42582"><p>So I'm reading through the OGL, to see what Clark Peterson might have had in mind, and I'm struck by clause 5:</p><p></p><p style="margin-left: 20px">(5) 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.</p><p></p><p>OSRIC declares all it's PC generation and action resolution rules as OGC. Clark's view may be that the OSRIC publisher lacks sufficient rights to do so, because of the relationship between that material - which obviously and intentionally draws on the AD&D rulebooks - and material in which WotC enjoys IP rights.</p><p></p><p>There is also the following curious series of interactions between the OSRIC Open Licence and OSRIC's designation of OGC:</p><p></p><p style="margin-left: 20px">Subject to the other terms of this license, you may do the following:</p> <p style="margin-left: 20px">1. Distribute this document for free or for profit . . .</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">3. Produce content that is derivative of the “Licensed IP” material in this document,</p> <p style="margin-left: 20px">provided that your product is not a complete game. . . “Licensed IP” means: all of the material herein, with the exception of the artwork,</p> <p style="margin-left: 20px">trademarks, and title. . .</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Chapters IV, V and VI [GM guidelines, monsters and treasure] are Product Identity to the extent permitted under the OGL and to the extent such material is subject to copyright, except for any text language derived from the SRD or the Tome of Horrors, which is Open Game Content.</p><p></p><p>If material in those chapters ceases to be OGL because subject to copyright (say, WotC copyright) the OSRIC Open Licence is nevertheless purporting to permit others to distribute it, or material derivative of it, for free.</p><p></p><p>I'm not competent to determine what copyright, if any, WotC might enjoy in any of these OSRIC chapters in virtue of it's obvious and intentional replication of the AD&D books. But this might be what Clark Peterson had in mind.</p><p></p><p>Australian common law is the same in all these respects.</p></blockquote><p></p>
[QUOTE="pemerton, post: 5806546, member: 42582"] So I'm reading through the OGL, to see what Clark Peterson might have had in mind, and I'm struck by clause 5: [indent](5) 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.[/indent] OSRIC declares all it's PC generation and action resolution rules as OGC. Clark's view may be that the OSRIC publisher lacks sufficient rights to do so, because of the relationship between that material - which obviously and intentionally draws on the AD&D rulebooks - and material in which WotC enjoys IP rights. There is also the following curious series of interactions between the OSRIC Open Licence and OSRIC's designation of OGC: [indent]Subject to the other terms of this license, you may do the following: 1. Distribute this document for free or for profit . . . 3. Produce content that is derivative of the “Licensed IP” material in this document, provided that your product is not a complete game. . . “Licensed IP” means: all of the material herein, with the exception of the artwork, trademarks, and title. . . Chapters IV, V and VI [GM guidelines, monsters and treasure] are Product Identity to the extent permitted under the OGL and to the extent such material is subject to copyright, except for any text language derived from the SRD or the Tome of Horrors, which is Open Game Content.[/indent] If material in those chapters ceases to be OGL because subject to copyright (say, WotC copyright) the OSRIC Open Licence is nevertheless purporting to permit others to distribute it, or material derivative of it, for free. I'm not competent to determine what copyright, if any, WotC might enjoy in any of these OSRIC chapters in virtue of it's obvious and intentional replication of the AD&D books. But this might be what Clark Peterson had in mind. Australian common law is the same in all these respects. [/QUOTE]
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