Re: Rules for submitting licenses for review

[Ken Arromdee <arromdee@rahul.net>]

On Tue, 23 Aug 2005, Raul Miller wrote:
> > The problem is that the GPL says "if you obey this license, you can do these
> > things that you otherwise can't do".
> > The OGL says "if you obey this license, you can do these things that are
> > otherwise legal anyway, we just promise not to bankrupt you with baseless
> > lawsuits that we know you can't afford to defend against".  Game rules can't
> > be copyrighted (though their specific text can), but the OGL is based around
> > TSR's/WotC's attempt to assert copyright in its game rules and claim that
> > nobody can use them without a license.
> I disagree.
> OGL says: 
> 
>    4. Grant and Consideration: In consideration for agreeing to use this 
>    License, the Contributors grant You a perpetual, worldwide, royalty-free, 
>    non-exclusive license with the exact terms of this License to Use, the 
>    Open Game Content."

Yes--but it also defines open game content as follows:

    "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.  

Game mechanics, methods, procedures, etc. are not copyrightable.

This license is an attempt to license something that TSR (or its successors)
don't own.  A license which licenses something that can't be owned isn't a
DFSG-free license.