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Re: Rules for submitting licenses for review

** Sean Kellog ::
> On Saturday 27 August 2005 09:08 am, Ken Arromdee wrote:
> > On Fri, 26 Aug 2005, Raul Miller wrote:
> > > That said, it looks to me like this license grants you the
> > > right to use those game mechanics, including making and
> > > distributiong modified versions of them.  If you've spotted
> > > someplace in this license which prohibits that kind of thing,
> > > I'd appreciate it if you could point that out to me.
> >
> > Since game mechanics are not copyrightable, without a license at
> > all you still have the right to use them.  Although the license
> > does grant you the right to use them, it grants you that with
> > conditions.  "Granting" you the right to use something under
> > some conditions, when previously you could use it without
> > conditions, is taking away rights, not granting them.
> Without violating any of my NDA's with Wizards here, I've got to
> say that they very much believe that game mechanics are
> copyrightable.  The mechanics are a work of authorship put in a
> tangible form.  There are ways around copyright law, like
> independent invention, that are not available with patent law...
> but aside from that, you would need a license if you intend to
> just copy the d20 system (or create a derivative thereof).
> If you still think that game mechanics are not copyrightable, can
> you point me to some authority to support your claim.  I'd be
> interested to see how they are distinguished from things like
> cookbooks (which are copyrighted).
> -Sean

Ok, without consulting 17USC, I can tell you that in Brasil, game
mechanics are uncopyrightable *and* unpatentable: i.e., unprotected
at all.

Let's see, translation mine:

Author's Rights Act (Lei 9610/98), art 8: '''
  It won't be object of author's rights protection, as described by
this Law: [...] II - schemes, plans or rules for performing mental
acts, games, or businesses; [...]

Industrial Property (*) Act (Lei 9279/96), art 10: '''
  It's not considered an invention or utility model (**): [...] VII -
gaming rules; [...]


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