The Open Game License: what is and is not copyright infringement?


Conversions


I'm working on converting Pathfinder for use with 1890s technology so that I can play in a world where magic and technology are both extremely important (You can read more here). One of the most useful sources for this will by my copies of D20 Modern and D20 Past. I LOATH the D20 Modern class system, and want LOTS of magic, and firearms will be dealing one die of damage in this world, not two like in D20 Modern, but the skill and feat systems and combat and travel rules, and perhaps the background system, which I do like, could be useful for this conversion.

This brings up an issue, however. When I finish this conversion, I plan for it to be distributed online for free in PDF form. However, my copies of D20 Modern and D20 Past have a notice printed on their copyright pages stating that nothing in is Open Game Content. However, the D20 Modern System Reference Documents I've seen on line have a copy of the OGL posted, implying that D20 Modern does indeed have OGC, and Wizards of the Coast seems to be tolerating their existence (and even has their own D20 Modern SRD).

So, is D20 Modern OGC or not? If I finish this conversion and make it freely available online, am I committing copyright infringement?

The Exchange

Everything on this page is OGC.

Liberty's Edge Contributor

I'm not an expert on this matter, but I think your confusion is coming from the difference between the d20 Modern System and products that were published based on the d20 Modern system.

d20 Modern has its own System Reference document, which is still available here: (link)

Material in that document is covered by the Open Gaming License (OGL) and is considered OGC. If you're going to comply with the OGL, then you should reference those rules instead of the d20 Modern book. Obviously, there's going to be a lot of similarity between the d20 Modern book and the SRD, but if you rely solely on the SRD, you'll be sure to steer clear of pitfalls.

I don't know how much, if any, of the material in d20 Past was added to the d20 Modern SRD, but I doubt very much of it was. As far as I know, the expansion books didn't get as much SRD support as the core rules did. Hopefully, if I'm wrong, someone will come along and correct me, there.

Basically, as long as you do not charge money for your PDF and you remember to include the required OGL statements, you should be fine using anything you find in the d20 Modern SRD, but you would probably not be able to use anything in d20 Past, unless that information is also included in the SRD.


So I can legally use it as long as I properly cite my sources along with a copy of the OGL?

That brings up the question of why the books have that notice printed in them if they ARE OGC. It's very odd.


I can't find any stuff from D20 Past in an SRD. Does that mean I can't legally use any of it for this conversion? What if I introduce rules highly similar to and based on but not identical to certain D20 Past rules?

Liberty's Edge Contributor

Correct. If WotC didn't add that material to the SRD and didn't state specifically in the book that the material is OGC, then you can't use it in your publication.

Anything you produce has to be a derivative of the d20 Modern SRD rules and should be sufficiently different from other material that you can't be accused of copying them.

I don't know what systems from d20 Past you are interested in using, but in most cases there are different ways to approach a sub-system. For example, a "called shot" system is a general concept that could be handled in different ways by multiple publishers. They could all call it a "called shot" system while coming up with their own rules and never infringing on each other's intellectual property rights.

ONE OTHER ITEM OF NOTE: There's a big difference between material covered under the OGL and actual, Open Gaming Content.

Material declared OGC can be used directly from the publication without any modification, as long as the original source is properly credited.

The OGL is the license that allows publishers to use the basis of the d20 rules system for their products while modifying certain aspects of those rules for their own use.

For example, the OGL is what allows Paizo to publish the Pathfinder Roleplaying Game. They can introduce and sell rules for character generation and everything else that goes with the core d20 mechanics, but they still have to reference the OGL. In contrast, Paizo cannot publish their own version of the mind flayer as a Pathfinder RPG creature, because the mind flayer is not Open Gaming Content.


I wanted the modified starting occupations, some of the modified skills, the ship combat rules, and the train travel rules from D20 Past. Are these things I can safely introduce my own versions of?


On another note, is Dragonmech OGC? I want those Smoking Dead bad. Such an awesome monster.

Edit: It is OGC. It says so at the back of the book.

If something (such as the name of the Steamborg core class or the Mind Flayer) is Product Identity, does that mean it must be used unmodified, or not used at all?


I studied the modern SRD pretty closely, and I own Modern Past. The SRD did include some stuff from the arms and future supplements, and some sci fi stuff from another supplement (cannot remember its name just now), but I don't remember any stuff in it from Past. If I remember correctly, Past was just about the last supplement to come out, and by then they didn't seem to be adding to/maintaining the SRD.

Note that there is room to adapt a thing, so long as you do not recreate it identically, and call it something else. For instance, creatures with tentacles on their faces are not in general owned by anybody. An idea cannot be owned. But you cannot simply carbon-copy an Illithid and call it something else. You must change it until it is distinct.

For instance, the idea of train travel rules is not copyrighted. Just the specific names, terms, and to an extent, the rules in the book. You could introduce your own -- just make sure they are unique enough to be clearly different.

Paris said it more concisely: "Anything you produce has to be a derivative of the d20 Modern SRD rules and should be sufficiently different from other material that you can't be accused of copying them."


TheFace wrote:

On another note, is Dragonmech OGC? I want those Smoking Dead bad. Such an awesome monster.

Edit: It is OGC. It says so at the back of the book.

If something (such as the name of the Steamborg core class or the Mind Flayer) is Product Identity, does that mean it must be used unmodified, or not used at all?

Don't read the back of the book. Read the Product Identity / Open Content blurb.


Cheapy wrote:
TheFace wrote:

On another note, is Dragonmech OGC? I want those Smoking Dead bad. Such an awesome monster.

Edit: It is OGC. It says so at the back of the book.

If something (such as the name of the Steamborg core class or the Mind Flayer) is Product Identity, does that mean it must be used unmodified, or not used at all?

Don't read the back of the book. Read the Product Identity / Open Content blurb.

That's where the blurb was located.


TheFace wrote:
Cheapy wrote:
TheFace wrote:

On another note, is Dragonmech OGC? I want those Smoking Dead bad. Such an awesome monster.

Edit: It is OGC. It says so at the back of the book.

If something (such as the name of the Steamborg core class or the Mind Flayer) is Product Identity, does that mean it must be used unmodified, or not used at all?

Don't read the back of the book. Read the Product Identity / Open Content blurb.
That's where the blurb was located.

I thought you just looked at the back and saw the OGC icon. Whoops


TheFace wrote:
That brings up the question of why the books have that notice printed in them if they ARE OGC. It's very odd.

Because not all of the information in the book is OGC. In the books WotC have released as OGC, they have always left out sections, or even just one or two sentences in a paragraph. That means they would have to detail exactly what is and isn't Open Content down to the individual sentence. (All examples are Closed Content, for example.)It is a whole lot easier to just say "This book is not Open Content", and then provide a document that is totally Open Content.

In fact, that is the reason Pathfinder has so many minor changes from 3.5. Certain sentences were considered Closed Content in a paragraph that was otherwise Open Content. You wouldn't know which ones unless you sat down and did a word-for-word comparison of the books and the SRD.


Dotting


The Modern Path 2.0 is all open and free to anyone who wants to use it.


Kevin Webb GRC Team wrote:
The Modern Path 2.0 is all open and free to anyone who wants to use it.

Could I please get a link?


It's no longer free (it was for a short time as a limited time special) but it can be found here.


The Modern Path SRD is now posted on the Grand OGL Wiki found at:

http://grandwiki.wikidot.com/main

A big thank you to the crew at Grand OGL Wiki for all their hard work.

BTW - The rules are 100% OGL and free for anyone to use to build any supplements, settings, etc.

We hope we have a solid set of core rules to get the ball rolling, and we encourage others in expanding on them.

Liberty's Edge

How does OGL and OGC work for something like Detect Magic?

Say I want to build a game world to play in and decide to move Detect Magic back to first level. I thought I read somewhere that changing rules from the OGC of Pathfinder would violate the use of the Pathfinder logo. Maybe I was mistaken, but could someone clear up the confusion for me?

Also, how does offering a product with a rule change for free be different from charging people for the product in regards to publishing rights?


Irranshalee wrote:

How does OGL and OGC work for something like Detect Magic?

Say I want to build a game world to play in and decide to move Detect Magic back to first level. I thought I read somewhere that changing rules from the OGC of Pathfinder would violate the use of the Pathfinder logo. Maybe I was mistaken, but could someone clear up the confusion for me?

Also, how does offering a product with a rule change for free be different from charging people for the product in regards to publishing rights?

1. You can change what you want under the OGL; you may be thinking of the new 4e GSL which does not allow changing things and using the same name for them.

2. As far as the OGL goes there is no difference between free and charging; Paris' note to that effect is incorrect.

The Exchange

Kevin Webb GRC Team wrote:
The Modern Path SRD is now posted...

Also now at... http://www.d20modernpf.com!

This is the same site that was originally in place for 1.0 but it took some time to get the 2.0 rules updates fully integrated. Big thanks to Game Room Creations for voluntarily sending us the PDF of the new rules when they were released. We have linked as much content as possible to d20pfsrd.com where appropriate to make playing in and running games using this system more convenient. Thanks!

Note: We are still in the "polishing it up" phase so a few links may not go where intended, or, may not fully indicate if they are "external" links (ie, those that hop over to d20pfsrd.com that is.)

Liberty's Edge

Out of curiosity, is it legal for one to use Open Game Content creatures in one's fictional works, such as, say an Otyugh or a Flumph? Because I remember an old FAQ saying Yes to that effect, but I can't find hide nor hair of it. And I would like to know, out of curiosity as an artist.

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