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Pen & Paper Roleplaying Central => Pen and Paper Roleplaying Games (RPGs) Discussion => Topic started by: GeekyBugle on April 08, 2023, 08:22:57 PM

Title: ORC License 1st draft released
Post by: GeekyBugle on April 08, 2023, 08:22:57 PM
What the tin says, the first draft of the ORC License has been released and feedback is welcome.

https://paizo.com/community/blog/v5748dyo6si9y?First-Draft-of-the-ORC-License-Ready-for (https://paizo.com/community/blog/v5748dyo6si9y?First-Draft-of-the-ORC-License-Ready-for)
Title: Re: ORC License 1st draft released
Post by: Aglondir on April 08, 2023, 11:30:27 PM
This is interesting:

Quote from: ORC AxECan I say which primary game my product is built on?

o Absolutely! The trademark legal doctrine of Nominative Fair Use holds that you can say your product is compatible with another product. If you want to say your adventure is compatible with any famous brand you have always had to right to do that provided: (a) you are not using their Product Identity, and (b) you are not implying that you are authorized or endorsed by the companies that own those trademarks

That sounds like I can say "Compatible with Dungeons and Dragons 5th Edition" on the cover to my ORC-licensed adventure. In the past, people would say "Compatible with the world's most popular RPG."
Title: Re: ORC License 1st draft released
Post by: Aglondir on April 08, 2023, 11:34:18 PM
This is interesting as well:

Quote from:  ORC AxEWizards used CC BY 4.0, which gives everyone the right to use the contents of the SRD they designated. This was a wonderful assurance for the gaming community that 5e could confidentially be used forever. Unfortunately, when another company builds on their SRD, their innovations are trapped in their product and not automatically relicensed to the gaming community. This effectively kills the virtuous circle that open-source communities are built on

So if I use the entire 5E SRD, and add 5 new character classes and 20 new spells, those aren't automatically "open content?"

Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 08, 2023, 11:36:26 PM
Quote from: Aglondir on April 08, 2023, 11:30:27 PM
This is interesting:

Quote from: ORC AxECan I say which primary game my product is built on?

o Absolutely! The trademark legal doctrine of Nominative Fair Use holds that you can say your product is compatible with another product. If you want to say your adventure is compatible with any famous brand you have always had to right to do that provided: (a) you are not using their Product Identity, and (b) you are not implying that you are authorized or endorsed by the companies that own those trademarks

That sounds like I can say "Compatible with Dungeons and Dragons 5th Edition" on the cover to my ORC-licensed adventure. In the past, people would say "Compatible with the world's most popular RPG."

Even GWotKKK has "given you" the right to do so in their new 5e SRD under the CC By. Fact is you ALWAYS had the right but WotKKK tricked you into using a license that revoked that right (not sure how legal that was).
Title: Re: ORC License 1st draft released
Post by: Kahoona on April 09, 2023, 01:35:02 AM
Any Mortality Clause in there? I know that was a worry.
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 09, 2023, 01:43:12 AM
Quote from: Kahoona on April 09, 2023, 01:35:02 AM
Any Mortality Clause in there? I know that was a worry.

Nope, but don't take my word go download it and read it for yourself. Of course this is only the first draft.
Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 09, 2023, 09:03:32 AM
Quote from: Kahoona on April 09, 2023, 01:35:02 AM
Any Mortality Clause in there? I know that was a worry.

To answer your questions:

Limitations.
i. Nothing in this ORC License constitutes or may be construed as permission to assert or
imply that You are, or that Your Use of the ORC Content is, connected with, or sponsored,
endorsed, or granted official status by, the Licensor or others designated to receive
attribution hereunder.
Title: Re: ORC License 1st draft released
Post by: King Tyranno on April 09, 2023, 09:15:58 AM
Quote from: GeekyBugle on April 09, 2023, 01:43:12 AM
Quote from: Kahoona on April 09, 2023, 01:35:02 AM
Any Mortality Clause in there? I know that was a worry.

Nope, but don't take my word go download it and read it for yourself. Of course this is only the first draft.

I had a quick read through. From what I understand, there's nothing stopping you from making Racial Holy War Second Edition under the ORC licence using 5E and saying it's compatible with DnD 5E. But don't expect Paizo to advertise or acknowledge it and don't expect WotC to do so either.

Yes I know that's an extreme example. But the point is, go wild. Just remember you're not actually friends with these companies.
Title: Re: ORC License 1st draft released
Post by: zer0th on April 09, 2023, 09:54:55 AM
I think it was very smart of Azora Law to acknowledge entryism as an inherent problem of any human organization. From my own perspective, trying to avoid O'Sullivan's First Law ("All organizations that are not actually right-wing will over time become left-wing"); but, of course, that wasn't in their minds. If their solution of not giving the license to any organization and making it immutable will work, I have no clue, I am no lawyer.
Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 09, 2023, 06:13:27 PM
Any word on anyone (or company) that is planning to use the ORC license for their products?
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 09, 2023, 06:14:16 PM
Quote from: GhostNinja on April 09, 2023, 06:13:27 PM
Any word on anyone (or company) that is planning to use the ORC license for their products?

Lots, Chaosium said they're releasing an SRD under it.
Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 09, 2023, 06:15:40 PM
Quote from: GeekyBugle on April 09, 2023, 06:14:16 PM
Lots, Chaosium said they're releasing an SRD under it.

That's awesome.  I would like if a lot of companies use it and give WOTC the finger.  They deserve it.
Title: Re: ORC License 1st draft released
Post by: Tod13 on April 09, 2023, 07:10:43 PM
Quote from: GeekyBugle on April 08, 2023, 08:22:57 PM
What the tin says, the first draft of the ORC License has been released and feedback is welcome.
https://paizo.com/community/blog/v5748dyo6si9y?First-Draft-of-the-ORC-License-Ready-for (https://paizo.com/community/blog/v5748dyo6si9y?First-Draft-of-the-ORC-License-Ready-for)

Interesting. I sort of understand, but it appears they spend a lot of words saying "you can't use DRM and you have permission to remove DRM in order to re-use ORC content."

QuoteLicensor hereby waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures

QuoteYou may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the ORC Content if doing so restricts exercise of the Licensed Rights by any recipient of the ORC Content
Title: Re: ORC License 1st draft released
Post by: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.
Title: Re: ORC License 1st draft released
Post by: Tod13 on April 09, 2023, 07:16:11 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

I kind of understand that too.

However, the biggest thing seems to be a desire to have some sort of legal protection. You say you can't copyright rules, but can you afford to defend that in court?

I'm not sure why, with stuff like CC we need another license, but I guess adding stuff like the anti-DRM component is nice.
Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 09, 2023, 07:53:19 PM
Quote from: Tod13 on April 09, 2023, 07:16:11 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

I kind of understand that too.

However, the biggest thing seems to be a desire to have some sort of legal protection. You say you can't copyright rules, but can you afford to defend that in court?

I'm not sure why, with stuff like CC we need another license, but I guess adding stuff like the anti-DRM component is nice.

Not to mention I trust the ORC license because it has everything laid out, nothing is ambiguous.  I trust WOTC as far as I can throw them.
Title: Re: ORC License 1st draft released
Post by: Tod13 on April 09, 2023, 08:02:52 PM
Quote from: GhostNinja on April 09, 2023, 07:53:19 PM
Quote from: Tod13 on April 09, 2023, 07:16:11 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

I kind of understand that too.

However, the biggest thing seems to be a desire to have some sort of legal protection. You say you can't copyright rules, but can you afford to defend that in court?

I'm not sure why, with stuff like CC we need another license, but I guess adding stuff like the anti-DRM component is nice.

Not to mention I trust the ORC license because it has everything laid out, nothing is ambiguous.  I trust WOTC as far as I can throw them.

Oh, my comment was not at all in reference to the OGL. LOL I'm one of the people that never saw the point of using a license controlled by someone else. I came to Open Source licensing early, through software. (Without blindly worshiping open source though.) So a lot about RPG so-called "open" licenses confused me.
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 09, 2023, 08:13:21 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

It's a benefit to the company publishing under it because it gives 3rd party publishers the legal certainty to publish stuff compatible with the original product (as D&D demonstrated).

It's a benefit to the 3rd party/small creators because it gives legal certainty they will not be sued.

Sure, you can't copyright or patent rules, do you have the money to fight Paizo, Chaosium, etc? We already had this argument, it's called lawfare, and the chilling effect it has on the smaller fish.

No one is forcing you to use it, go hog wild my dude.
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 09, 2023, 08:16:37 PM
Quote from: Tod13 on April 09, 2023, 08:02:52 PM
Quote from: GhostNinja on April 09, 2023, 07:53:19 PM
Quote from: Tod13 on April 09, 2023, 07:16:11 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

I kind of understand that too.

However, the biggest thing seems to be a desire to have some sort of legal protection. You say you can't copyright rules, but can you afford to defend that in court?

I'm not sure why, with stuff like CC we need another license, but I guess adding stuff like the anti-DRM component is nice.

Not to mention I trust the ORC license because it has everything laid out, nothing is ambiguous.  I trust WOTC as far as I can throw them.

Oh, my comment was not at all in reference to the OGL. LOL I'm one of the people that never saw the point of using a license controlled by someone else. I came to Open Source licensing early, through software. (Without blindly worshiping open source though.) So a lot about RPG so-called "open" licenses confused me.

The OGL wasn't an open license but in name.

If you are in/use Open Source you should understand the benefits of a truly Open License.

People don't understand the CC licenses, so a license that gives them the ability to publish using other people's creations without fear of lawfare is a boon.
Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 09, 2023, 08:17:37 PM
Quote from: Tod13 on April 09, 2023, 08:02:52 PM
Oh, my comment was not at all in reference to the OGL. LOL I'm one of the people that never saw the point of using a license controlled by someone else. I came to Open Source licensing early, through software. (Without blindly worshiping open source though.) So a lot about RPG so-called "open" licenses confused me.

Oh ok, makes sense.
Title: Re: ORC License 1st draft released
Post by: FingerRod on April 09, 2023, 09:34:09 PM
Quote from: GeekyBugle on April 09, 2023, 08:13:21 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

It's a benefit to the company publishing under it because it gives 3rd party publishers the legal certainty to publish stuff compatible with the original product (as D&D demonstrated).

It's a benefit to the 3rd party/small creators because it gives legal certainty they will not be sued.

Sure, you can't copyright or patent rules, do you have the money to fight Paizo, Chaosium, etc? We already had this argument, it's called lawfare, and the chilling effect it has on the smaller fish.

No one is forcing you to use it, go hog wild my dude.

It isn't about having this argument again. The only argument against eschewing an OGL is fear. Kevin Crawford has published for years without an OGL. Whitehack just released their newest edition without it. The more who follow, the better.

The ORC license is stupid shit by people with egos who want their work in everybody's work moving forward.

I could release a license to breathe air outside and it would have the same relevance. Period.
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 09, 2023, 10:18:42 PM
Quote from: FingerRod on April 09, 2023, 09:34:09 PM
Quote from: GeekyBugle on April 09, 2023, 08:13:21 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

It's a benefit to the company publishing under it because it gives 3rd party publishers the legal certainty to publish stuff compatible with the original product (as D&D demonstrated).

It's a benefit to the 3rd party/small creators because it gives legal certainty they will not be sued.

Sure, you can't copyright or patent rules, do you have the money to fight Paizo, Chaosium, etc? We already had this argument, it's called lawfare, and the chilling effect it has on the smaller fish.

No one is forcing you to use it, go hog wild my dude.

It isn't about having this argument again. The only argument against eschewing an OGL is fear. Kevin Crawford has published for years without an OGL. Whitehack just released their newest edition without it. The more who follow, the better.

The ORC license is stupid shit by people with egos who want their work in everybody's work moving forward.

I could release a license to breathe air outside and it would have the same relevance. Period.

You're having the exact same argument tho.

Yes, Kevin Crawford doesn't use a license, how much third party material for his stuff is out there? Because the fear of getting sued by him (something he has said he wouldn't do) and yet he's gonna publish something under CC By (or was it CC0?) when he completes his current crowdfunding. Which will give people the legal certainty to publish 3rd party material.

But you go hog wild and publish your own take of Ravenloft and do not change any name.
Title: Re: ORC License 1st draft released
Post by: FingerRod on April 10, 2023, 09:11:43 PM
Quote from: GeekyBugle on April 09, 2023, 10:18:42 PM
Quote from: FingerRod on April 09, 2023, 09:34:09 PM
Quote from: GeekyBugle on April 09, 2023, 08:13:21 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

It's a benefit to the company publishing under it because it gives 3rd party publishers the legal certainty to publish stuff compatible with the original product (as D&D demonstrated).

It's a benefit to the 3rd party/small creators because it gives legal certainty they will not be sued.

Sure, you can't copyright or patent rules, do you have the money to fight Paizo, Chaosium, etc? We already had this argument, it's called lawfare, and the chilling effect it has on the smaller fish.

No one is forcing you to use it, go hog wild my dude.

It isn't about having this argument again. The only argument against eschewing an OGL is fear. Kevin Crawford has published for years without an OGL. Whitehack just released their newest edition without it. The more who follow, the better.

The ORC license is stupid shit by people with egos who want their work in everybody's work moving forward.

I could release a license to breathe air outside and it would have the same relevance. Period.

You're having the exact same argument tho.

Yes, Kevin Crawford doesn't use a license, how much third party material for his stuff is out there? Because the fear of getting sued by him (something he has said he wouldn't do) and yet he's gonna publish something under CC By (or was it CC0?) when he completes his current crowdfunding. Which will give people the legal certainty to publish 3rd party material.

But you go hog wild and publish your own take of Ravenloft and do not change any name.

At times I enjoy talking with you. You are obviously intelligent. Other times you are abrasive as fuck. When did I say anything about releasing a game?

And how on earth did Kevin Crawford figure out how to release something with CC By (or CC0) without the benevolent ORC license?? /s

The ORC license serves no purpose. Publishers can use CC if they want to encourage third party. Fact.
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 10, 2023, 09:49:43 PM
Quote from: FingerRod on April 10, 2023, 09:11:43 PM
Quote from: GeekyBugle on April 09, 2023, 10:18:42 PM
Quote from: FingerRod on April 09, 2023, 09:34:09 PM
Quote from: GeekyBugle on April 09, 2023, 08:13:21 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

It's a benefit to the company publishing under it because it gives 3rd party publishers the legal certainty to publish stuff compatible with the original product (as D&D demonstrated).

It's a benefit to the 3rd party/small creators because it gives legal certainty they will not be sued.

Sure, you can't copyright or patent rules, do you have the money to fight Paizo, Chaosium, etc? We already had this argument, it's called lawfare, and the chilling effect it has on the smaller fish.

No one is forcing you to use it, go hog wild my dude.

It isn't about having this argument again. The only argument against eschewing an OGL is fear. Kevin Crawford has published for years without an OGL. Whitehack just released their newest edition without it. The more who follow, the better.

The ORC license is stupid shit by people with egos who want their work in everybody's work moving forward.

I could release a license to breathe air outside and it would have the same relevance. Period.

You're having the exact same argument tho.

Yes, Kevin Crawford doesn't use a license, how much third party material for his stuff is out there? Because the fear of getting sued by him (something he has said he wouldn't do) and yet he's gonna publish something under CC By (or was it CC0?) when he completes his current crowdfunding. Which will give people the legal certainty to publish 3rd party material.

But you go hog wild and publish your own take of Ravenloft and do not change any name.

At times I enjoy talking with you. You are obviously intelligent. Other times you are abrasive as fuck. When did I say anything about releasing a game?

And how on earth did Kevin Crawford figure out how to release something with CC By (or CC0) without the benevolent ORC license?? /s

The ORC license serves no purpose. Publishers can use CC if they want to encourage third party. Fact.

Yeah, sorry, it's the damn Aspergers. I'm sorry.

I'll ask again, how many 3rd party products are there for Kevin Crawford's products?

How many for D&D?

Make the same examination of ANY game that didn't embrace the OGL or had a similar license.

Kevin said he never thought about using a license but that he understood the certainty that one would bring, so while he would never sue anyone to give people the security that his descendants wouldn't either he was going to do the SRD thing.

An SRD under CC By because people don't understand the license and think they CAN'T declare stuff not covered by it in a book.
Title: Re: ORC License 1st draft released
Post by: Effete on April 10, 2023, 11:31:18 PM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
Someone help educate me. Why not release without using either?

If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.

The issue isn't necessarily with copyright, but trademark. Trademark law extends beyond the use of logos or brand names and dips into the more nebulous region of "brand recognition." The vagueness of the law around what constitutes "brand recognition" is why a license is desirable, since it dispenses with those vaguaries.

So while it's true that game mechanics cannot be copyrighted or trademarked, the names of those mechanics can collectively constitute a form of brand recognition. You could theoretically recreate the entire 5e system without using a license, changing each and every one of the game terms WotC uses, and be in the clear (lawfully speaking... WotC would still probably challenge your right to do so because they're assholes with deep pockets). But under current copyright/trademark law, it would be legal.

What the OGL 1.0a, ORC, and most other licenses do is grant limited use of trademarks, specifically those associated with "brand recognition" of game mechanics. Some licenses even allow the use of copyrighted material, granting permission to reprint certain language; notably, the Savage Worlds Fan license does not extend this benefit, instead allowing the licensee to merely "reference" the rules (i.e., use the game terms without reprinting what those rules are... buy the SW Core Rules if you that info). In other words, licenses provide a legal means to use the game terms that licensors place into the license. A license does not, however, grant or gatekeep any mechanics... only the terms associated with those mechanics.

Re: Sine Nomine
Sine Nomine uses the six-attribute spread popularized by DnD, but the rest of the system is radically different from anything DnD ever did. In short, there was never any issue of Kevin not using the OGL since there was no reasonable assumption he was infringing on any brand recognition. Simply using the six attributes, along with the classic terms, is not enough to claim infringment. It'd be like Coca Cola trying to sue another soda company for having red cans. It's ludicrus on its face. No reasonable person would read through a Sine Nomine book and think it was DnD unless they were an absolute muppet.

Hope this helps.
Title: Re: ORC License 1st draft released
Post by: FingerRod on April 11, 2023, 08:50:42 PM
Geeky, no need to apologize. Like I said I find you intelligent and fun to talk to.

Effete, great post. Thank you.

Let me ask this another way.

If I released a game with CC By or some other form of CC license, would that do the trick?

Here is where I am getting hung up, and if you peel away the layers of the onion it gets to the heart of why I am probably coming across as a huge pain in the ass. I'm not releasing a game, but if I did, I wouldn't want WotC's name anywhere near my product. Because fuck them. I'm not going to put effort into making something and then put their name on my product.

With ORC, at first glance it looks good. I can read legalese (which there is a fair amount of) and it looks pretty solid. However, fuck them too. A good deal of those companies vilify and cancel people. I seriously detest a significant portion of the people behind it.

So if there is anyway CC means third party support is easy AND one doesn't need to give proxy credit WotC or ORC, I guess I don't see the point in the OGL. But I guess it sounds like CC doesn't do the full trick? Not even the way LotFP does it?
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 11, 2023, 10:23:22 PM
Quote from: FingerRod on April 11, 2023, 08:50:42 PM
Geeky, no need to apologize. Like I said I find you intelligent and fun to talk to.

Effete, great post. Thank you.

Let me ask this another way.

If I released a game with CC By or some other form of CC license, would that do the trick?

Here is where I am getting hung up, and if you peel away the layers of the onion it gets to the heart of why I am probably coming across as a huge pain in the ass. I'm not releasing a game, but if I did, I wouldn't want WotC's name anywhere near my product. Because fuck them. I'm not going to put effort into making something and then put their name on my product.

With ORC, at first glance it looks good. I can read legalese (which there is a fair amount of) and it looks pretty solid. However, fuck them too. A good deal of those companies vilify and cancel people. I seriously detest a significant portion of the people behind it.

So if there is anyway CC means third party support is easy AND one doesn't need to give proxy credit WotC or ORC, I guess I don't see the point in the OGL. But I guess it sounds like CC doesn't do the full trick? Not even the way LotFP does it?


IANAL: As I understand the CC By you can declare what parts of the work aren't under it, for instance the art, you might not want to put it under CC By or maybe you can't because of the copyright (you need to own the copyright of the work, so a public domain art piece can't be placed under CC By for example).

Thing is most people DO NOT understand what little legalese I understand and therefore they do not want to go near CC By.

As for ORC, agreed, fuck Baizuo and the other woketards, but the license isn't being managed by them, I don't recall seeing the name of any of them on it either. So, given the "issues" with CC By I think ORC is a good option, but to each their own.

In some thread about the OGL and/or licenses I put links to the CC By "for humans*" explanation from their own wiki and from an independent lawyer, fuck me if I remember which one much less in what page.

*It still leaves much to be desired, but to me it was clear enough, YMMV.
Title: Re: ORC License 1st draft released
Post by: Beighsick Gnubee on April 12, 2023, 12:14:43 AM
Quote from: GeekyBugle on April 11, 2023, 10:23:22 PM
IANAL: As I understand the CC By you can declare what parts of the work aren't under it, for instance the art, you might not want to put it under CC By or maybe you can't because of the copyright (you need to own the copyright of the work, so a public domain art piece can't be placed under CC By for example).

Thing is most people DO NOT understand what little legalese I understand and therefore they do not want to go near CC By.

I think you've got the situation pegged with your summary.

Let me add a wrinkle: to clarify which portions of any given game are properly CC-BY, they have to make a sanitized SRD with a CC-BY license attached that takes out any terms they might want to protect as brand identity. That's more work, and I think people don't prefer doing it.

Though I don't see much appeal in OGL-like licenses myself, they have the carry-forward thing which is a huge RPG culture thing, and the format allows for fairly easy specification of what is shareable, what is not shareable, or has been borrowed, without having to create a whole other "book."

If WotC ever gets around to releasing CC-BY SRDs of other editions (Basic/Expert, 2e, etc.), I suspect some budding RPG authors will pounce readily on using that content... and then license their books as ORC, haha. But I can't blame them. I'd do the same in their shoes, I'd think.
Title: Re: ORC License 1st draft released
Post by: migo on April 12, 2023, 08:15:41 AM
Quote from: Effete on April 10, 2023, 11:31:18 PM

Sine Nomine uses the six-attribute spread popularized by DnD, but the rest of the system is radically different from anything DnD ever did.

No it wasn't. Kevin specifically made it as close to D&D as possible so it was recognisable and a low barrier to entry.
Title: Re: ORC License 1st draft released
Post by: estar on April 12, 2023, 09:37:17 AM
Quote from: Effete on April 10, 2023, 11:31:18 PM
So while it's true that game mechanics cannot be copyrighted or trademarked, the names of those mechanics can collectively constitute a form of brand recognition. You could theoretically recreate the entire 5e system without using a license, changing each and every one of the game terms WotC uses, and be in the clear (lawfully speaking... WotC would still probably challenge your right to do so because they're assholes with deep pockets). But under current copyright/trademark law, it would be legal.
Close not quite how that legal theory. It is a copyright issue but it work like this.

You can't copyright the concept of Hit Points, Armor Class, Hit Dice, etc. individually or even the name if they are generic (which the example are). However there is an argument to be made that a specific combination of these mechanics is a creative expression thus protectable by copyright or trade dress. The more unique the combination the more it can be argued the entire system is a protectable creative expression.

So there is doubt that rewriting say the two B/X books in your own words keeps you clear of infringing the copyright of the original. But really the problem that actual court decisions testing "game mechanics are not copyrightable" are few and far between. And the scope of these decisions while encouraging it is not definitive. Also the US copyright office stating explicitly that game mechanics can't be copyrighted (only their expression) also helps.

So one impact of Open Licenses is to remove this doubt and uncertainty.




Title: Re: ORC License 1st draft released
Post by: GhostNinja on April 12, 2023, 11:54:14 AM
Quote from: estar on April 12, 2023, 09:37:17 AM
You can't copyright the concept of Hit Points, Armor Class, Hit Dice, etc. individually or even the name if they are generic (which the example are). However there is an argument to be made that a specific combination of these mechanics is a creative expression thus protectable by copyright or trade dress. The more unique the combination the more it can be argued the entire system is a protectable creative expression.

So there is doubt that rewriting say the two B/X books in your own words keeps you clear of infringing the copyright of the original. But really the problem that actual court decisions testing "game mechanics are not copyrightable" are few and far between. And the scope of these decisions while encouraging it is not definitive. Also the US copyright office stating explicitly that game mechanics can't be copyrighted (only their expression) also helps.

So one impact of Open Licenses is to remove this doubt and uncertainty.

Not to mention that even if you held the copyright and someone did this would it even be worth the legal costs to go after someone who probably doesn't have any money?
Title: Re: ORC License 1st draft released
Post by: Hixanthrope on April 18, 2023, 03:36:17 AM
Quote from: FingerRod on April 09, 2023, 07:13:00 PM
If you cannot copyright rules, you don't need it. If you aren't creative enough to come up with your own shit, you shouldn't be a content creator. I seriously don't understand.
writing rules is hard. this allows someone to copy/paste rules that make sense into their setting/adventure/game. If you accept that there are people that have something to contribute other than writing rules, it's a positive thing. And the best chance for a d100 OSR (his will be done).
Title: Re: ORC License 1st draft released
Post by: GeekyBugle on April 18, 2023, 12:02:12 PM
Quote from: GhostNinja on April 12, 2023, 11:54:14 AM
Quote from: estar on April 12, 2023, 09:37:17 AM
You can't copyright the concept of Hit Points, Armor Class, Hit Dice, etc. individually or even the name if they are generic (which the example are). However there is an argument to be made that a specific combination of these mechanics is a creative expression thus protectable by copyright or trade dress. The more unique the combination the more it can be argued the entire system is a protectable creative expression.

So there is doubt that rewriting say the two B/X books in your own words keeps you clear of infringing the copyright of the original. But really the problem that actual court decisions testing "game mechanics are not copyrightable" are few and far between. And the scope of these decisions while encouraging it is not definitive. Also the US copyright office stating explicitly that game mechanics can't be copyrighted (only their expression) also helps.

So one impact of Open Licenses is to remove this doubt and uncertainty.

Not to mention that even if you held the copyright and someone did this would it even be worth the legal costs to go after someone who probably doesn't have any money?

Duno, ask old TSR if it was worth to take down FREE stuff for their games.
Title: Re: ORC License 1st draft released
Post by: Vile Traveller on April 20, 2023, 12:54:43 AM
Quote from: GeekyBugle on April 18, 2023, 12:02:12 PM
Quote from: GhostNinja on April 12, 2023, 11:54:14 AM
Quote from: estar on April 12, 2023, 09:37:17 AM
You can't copyright the concept of Hit Points, Armor Class, Hit Dice, etc. individually or even the name if they are generic (which the example are). However there is an argument to be made that a specific combination of these mechanics is a creative expression thus protectable by copyright or trade dress. The more unique the combination the more it can be argued the entire system is a protectable creative expression.

So there is doubt that rewriting say the two B/X books in your own words keeps you clear of infringing the copyright of the original. But really the problem that actual court decisions testing "game mechanics are not copyrightable" are few and far between. And the scope of these decisions while encouraging it is not definitive. Also the US copyright office stating explicitly that game mechanics can't be copyrighted (only their expression) also helps.

So one impact of Open Licenses is to remove this doubt and uncertainty.

Not to mention that even if you held the copyright and someone did this would it even be worth the legal costs to go after someone who probably doesn't have any money?

Duno, ask old TSR if it was worth to take down FREE stuff for their games.
C&D letters are cheap.