Hi solomoriah, first of all thanks for your help on this.
stalyan wrote:
For what I read in the OGL, I could neither use descriptions or names like the ones designated for magic, for example Hold Portal or Magic Mouth... is this correct?
solomoriah wrote:
Where exactly did you read this? Which numbered clause?
To answer this I must post several clauses actually. Let's see:
In the OGl Introduction, it says:
Designation of Product Identity: Product identity is not Open Game
Content. The following is designated as product identity pursuant to OGL
v1.0a(1)(e) and (7): (A) product and product line names, including Basic
Fantasy Role-Playing Game, Basic Fantasy RPG, and BFRPG, as well as the
phrase “make mine Basic”; (B) all artwork, logos, symbols, graphic designs,
depictions, likenesses, formats, poses, concepts, themes and graphic,
photographic and other visual representations, including the “eye” logo,
which is the personal mark of Chris Gonnerman for his various products, and
which is Copyright © 2002 Chris Gonnerman, and the “Scribbled Dragon,”
which is Copyright © 2005 Erik Wilson; (C) logos and trademarks, including
any trademark or registered trademark clearly identified as product identity
by the owner of the product identity, and which specifically excludes the
open game content.
On point 1. of the OGL it says:
(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;
(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, [/b] 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;
Then, in point 7, it says:
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 coadaptability
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.
So as you can see, in the introduction, it defines Product Identity in a summarized way, and then on Point 1.b it embraces more items, such as "names
and descriptions of characters, spells, enchantments, personalities, teams,
personas, likenesses and special abilities;"
solomoriah wrote:
I'm not entirely sure how the OGL interacts with source code. Not a lawyer, like I said. If you are distributing source code, I'd expect that you have to reveal at least the source to the parts of the game engine that deal with rule mechanics. If you are not distributing source code... like I said, I don't know how that works.
NOW, on the other hand. In the US, at least, you can't copyright game mechanics. If you create a game using the rules to BFRPG, but never distribute the source code and say nothing about where you got your rules from, I suspect you could actually omit the entire OGL issue. Of course, then you for sure would not be able to use any of our text... you'd have to write it all for scratch.
This is a good question. As it's a commercial product, we do not intend to reveal the source code. You made me remind something I read some time ago... it seems the original OGL does not include electronic products (videogames) on the license, so supposedly, my team couldn't use any OGL content unless as you say -and for what I understand-, we change all names and descriptions, but I guess we could use the formulas to calculate damage, etc., as this is part of the game mechanics.
I'll investigate more on the topic, but any additional information on this is welcome.
Many thanks again,