[Rq-rules] OGL, MRQ, Runes

[Tom Cantine]

I have always been puzzled by this concept of open gaming licenses. My 
understanding of intellectual property law is perhaps incomplete, but 
it seems to me that rules systems are pretty much free to use anyway. 
Copyright covers the expression of an idea, not the idea itself, and 
while it also extends to "derivative works" such as those set in the 
same universe or featuring the same characters, I don't believe that 
can or should extend to rules systems. For one thing, nobody buys a 
copy of a rulebook without expecting to be able to use the rules to 
"create" stories using those rules, and no one sells a rulebook 
ignorant of that reasonable expectation. The text of the rulebook, its 
artwork and layout, those are all copyrightable, but the rules system 
itself? How?

A rules system might be covered by patent law, but you have to apply 
for and register those, and they only last for 20 years.

So far as I can tell, then, this OGL business can really only apply to 
trademarks. In principle, you could write a game supplement or 
adventure using any game system you want, but identifying it as using a 
particular system by using the trademarked name of that system would be 
the tricky part. Strictly speaking, ownership of a trademark does not 
give you a monopoly on the USE of your trademark; it only means that 
trademark can only be used to refer to your product. However, there was 
a case decided in the sixties or so that seemed to say you can't even 
use someone else's trademark when comparing your product to theirs. I 
think this was wrong, but there you go. (This was here in Canada, by 
the way; I don't know how it works in the U.S. or elsewhere.)

Bottom line? I don't know. I just don't understand this open game 
license concept, because you can't legally prevent someone from rolling 
dice and telling stories using a mathematical algorithm you happen to 
have described, even if you happen to hold a copyright on the 
description you wrote.



On 24-Jun-06, at 2:46 AM, Gianni wrote:

> All--
>
> I had a thought this morning.... Apparently MRQ is going to be an 'Open
> gaming Licence'. My understanding is that this means the rules but not 
> the
> setting (Glorantha) are going to be free and usable by anybody. But 
> since the
> Gloranthan Runes are now part of the rules -- it is impossible to use 
> the
> magic system in the basic rules book without also using the 
> corresponding
> runes -- does that make now the Gloranthan runes also part of the OGL?
>
> Cheers
>
> Gianni_______________________________________________
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