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Re: Rules for submitting licenses for review



On Fri, 2005-08-26 at 13:05 -0400, Raul Miller wrote:
> [Note: I do agree that their trademark language should be upgraded so
> that the usual implicit rights to use trademarks are retained by users
> of this license.]

I would note that the official Open Game License FAQ by the license
authors specifically notes that the OGL restricts a users' implicit
right to use trademarks by deliberately excluding the (legitimate [1])
ability to indicate compatibility with any trademark.[2] The
interpretation that this is simply a language mistake and that Section 7
is simply claiming the license is not a grant of trademark rights seems
incorrect to me, and I would imagine a court would interpret the section
as it reads[3].

[1] http://www.inta.org/info/faqsU.html - International Trademark
Association FAQ.

[2] http://www.wizards.com/default.asp?x=d20/oglfaq/20040123f - Open
Game License:Frequently Asked Questions. Do a page search of
"compatibility".

[3] http://www.opengamingfoundation.org/ogl.html

Kind regards...

-- 
Ricardo Gladwell <ricardo.gladwell@gmail.com>




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