OGL?
BunniRabbi:
Quote from: Justin Halliday on February 26, 2012, 02:09:42 AM
- As long as you don't use the OGL, you can make a supplement for any game system without infringing their copyright.
- As long as you don't use the OGL, you can state that your system is compatible with D&D.
That seems to contradict what I've heard elsewhere. Can you site a reference?
jerry:
BunniRabbi, what Justin wrote is basically correct, assuming the United States. You can read the Copyright Office's take on games at:
http://www.copyright.gov/fls/fl108.html
Quote
Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles.
Copyright law barely restricts copying games. It doesn't restrict compatible works, as long as you don't copy actual text (as opposed to terminology, which can't be copyrighted); I don't think I've ever seen a game supplement copy actual text from the game it was made for. I'm sure they exist, but they're rare.
For compatible works, two court cases to look at are Sega v. Accolade, in which Accolade made games for use with a Sega system without permission from Sega; and Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. in which a compatible product was made for use with a Nintendo game system without permission of Nintendo.
There is further discussion of court cases regarding compatible works at http://www.darkshire.net/jhkim/rpg/copyright/supplements.html.
As far as advertising compatibility, this is a statement of fact or not fact. If it's true, it's legal to say it. You can see more on the use of trademarks at http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm and http://www.ftc.gov/bcp/policystmt/ad-compare.htm. If you look around, you'll see the use of trademarks for compatible use all over the place. Manufacturers make car parts and advertise that they are compatible with a specific make of car; they make parts for kitchen appliances and advertise that they are compatible with that particular brand of appliance, and so on. In general, in the United States, this sort of compatible-with advertising, like comparative advertising, is encouraged.
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