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Paizo Posts New Draft of ORC License
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<blockquote data-quote="kenada" data-source="post: 9038945" data-attributes="member: 70468"><p>The <a href="https://opengamingfoundation.org/ogl.html" target="_blank">OGL</a> defines OGC as:</p><p></p><p style="margin-left: 20px">(d) "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.</p><p></p><p>That seems to say OGC is mechanics <em>and</em> content identified as OGC. This came up in discussion with [USER=42582]@pemerton[/USER] during the OGL revision mess in January. I think it could be argued that the mechanics even with restrictive PI declarations are OGC, but it’s not clear, and it would likely require gambling that a judge would rule favorably to clarify.</p><p></p><p>The <a href="https://paizo.com/community/blog/v5748dyo6sibu?ORC-License-Third-Draft-Ready-for-Comment=" target="_blank">current ORC license draft</a>, however, makes it clear that this is the intended interpretation:</p><p></p><p style="margin-left: 20px"><strong>Licensed Material</strong> means (1) any material contained in a Work that would otherwise constitute Reserved Material but that has been expressly designated as Licensed Material by that material’s Licensor, and (2) those expressions reasonably necessary to convey functional ideas and methods of operation of a game that are contained in a Work that are comprised of systems, procedures, processes, rules, laws, instructions, heuristics, routines, functional elements, commands, structures, principles, methodologies, operations, devices, and concepts of play, and the limitations, restraints, constraints, allowances, and affordances inherent in gameplay, including but not limited to expressions describing the function of or providing instructions as to the following: (omitted)</p><p></p><p>Followed by (in the list of required notices):</p><p></p><p style="margin-left: 20px"><strong>Reserved Material Notice.</strong> A statement based on reasonable, good-faith efforts that identifies the elements of Your Reserved Material, if any, contained in the Derivative Work in which You Use the Licensed Material. For avoidance of doubt, such designation neither limits Your rights in Your Reserved Material nor limits any downstream licensee’s Use of the Adapted Licensed Material. In the event of a conflict between Your designation of Reserved Material and the definition of Licensed Material, the definition shall control.</p> <p style="margin-left: 20px"></p><p>It’s that clarification that’s under contention. The reason why I am unsympathetic to those who don’t like it is because I am not willing to prioritize their interests over those who don’t want their content used that way. I assume the expansive definition of OGC is probably the correct reading, but it’s ambiguous, and settling what it means would be costly. (I would also not want to use the OGL for that reason.)</p></blockquote><p></p>
[QUOTE="kenada, post: 9038945, member: 70468"] The [URL='https://opengamingfoundation.org/ogl.html']OGL[/URL] defines OGC as: [INDENT](d) "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.[/INDENT] That seems to say OGC is mechanics [I]and[/I] content identified as OGC. This came up in discussion with [USER=42582]@pemerton[/USER] during the OGL revision mess in January. I think it could be argued that the mechanics even with restrictive PI declarations are OGC, but it’s not clear, and it would likely require gambling that a judge would rule favorably to clarify. The [URL='https://paizo.com/community/blog/v5748dyo6sibu?ORC-License-Third-Draft-Ready-for-Comment=']current ORC license draft[/URL], however, makes it clear that this is the intended interpretation: [INDENT][B]Licensed Material[/B] means (1) any material contained in a Work that would otherwise constitute Reserved Material but that has been expressly designated as Licensed Material by that material’s Licensor, and (2) those expressions reasonably necessary to convey functional ideas and methods of operation of a game that are contained in a Work that are comprised of systems, procedures, processes, rules, laws, instructions, heuristics, routines, functional elements, commands, structures, principles, methodologies, operations, devices, and concepts of play, and the limitations, restraints, constraints, allowances, and affordances inherent in gameplay, including but not limited to expressions describing the function of or providing instructions as to the following: (omitted)[/INDENT] Followed by (in the list of required notices): [INDENT][B]Reserved Material Notice.[/B] A statement based on reasonable, good-faith efforts that identifies the elements of Your Reserved Material, if any, contained in the Derivative Work in which You Use the Licensed Material. For avoidance of doubt, such designation neither limits Your rights in Your Reserved Material nor limits any downstream licensee’s Use of the Adapted Licensed Material. In the event of a conflict between Your designation of Reserved Material and the definition of Licensed Material, the definition shall control.[/INDENT] [INDENT][/INDENT] It’s that clarification that’s under contention. The reason why I am unsympathetic to those who don’t like it is because I am not willing to prioritize their interests over those who don’t want their content used that way. I assume the expansive definition of OGC is probably the correct reading, but it’s ambiguous, and settling what it means would be costly. (I would also not want to use the OGL for that reason.) [/QUOTE]
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