A Better System-Neutral

Frank Mentzer & co. at Eldritch Ent have been drawing some flak for the "system-neutral" descriptions in their products. Apparently, to avoid being beholden to the Open Game License, they have decided to express key stats in terms of percentages so a 6 HD monster has 30% "Power" and so on.

Ever wonder why Esperanto never caught on? No matter how illogical its grammar or spelling, a universal language will only work if there are already lots of people who speak it. Now, a plurality and maybe even a strict majority of roleplayers run some kind of D&D. From that, conversion to a system without levels, armor class and hit points is going to be laborious and inexact anyway. So if you want to be free of the OGL, why not just go with D&D standard and make up your own names for the usual stats? As Flavor Flav would say, y'all can't copyright a number ...

Ghoul
Power: 2
(is there really a reason to list hit points in an adventure? Most times I just roll them up in the dicebox with my bucketload of d8's)
Defense: 4 (add to 11/subtract from 10 for AC; you can even break this down into physical, active and magical defense)
Attack: 3/3/6 (die maximums will do, you can figure out whether it's 2d6 or d12)
Speed: 3 (x30' for D&D movement)
SA: Paralyzation (give duration in minutes, maybe just let the DM work out the save or use synonyms for Fort/Ref/Will)
SD: undead blar blar

My previous thoughts on old school statblocks.

More on the OGL

Damn Blogger for not being a forum. Rather than bury my replies to yesterday's comments, I'll make them into a post.

Stuart:

If you were legal under copyright law, but they send you a C&D anyways then they could do the same under the OGL. You're just operating under contract law now instead of copyright law.

I'll take my chances with a tightly worded contract that they've provided an FAQ for, rather than the poorly understood murk of copyright law, especially across national boundaries (I'm a US citizen living in the UK), especially in the realm of games where very little precedent has been worked out.

Telecanter:

What words or concepts did you use that you feel put you at risk?

It's not any one or two or three, it's a complete game product that pretty much uses all of them, and that's all I was going to put under OGL. I'm not talking about trademark law here, of course, I'm talking about what would count as a "derivative work" (standard copyright law) rather than a "novel extension" (the Super Add-Ons precedent).

Cygnus:
 
This is a not-for-profit, non-commercial fan work that mentions some terms and concepts from D&D in ways that are believed to reside within the bounds of “fair use.”
 
Indeed, you do sign away your right to nominative use with the OGL. I can live with that; people are familiar with the coy work-arounds by now. But I'm not sure any statement can make a retro-clone or complete houseruled game into "fair use" (see here). At issue is whether the use of all the game terms from D&D together constitutes a particular expression of an idea even if the exact words to describe them are different.
 
ADDGrognard:
 
...either you create something completely original without a trace of SRD to it or you will be in violation of the OGL.
 
So you are saying that using the OGL for one work binds you to use it for all? Seems to me that if you don't accept the contract you take your chances with copyright law and the fair use doctrine. Based on precedent my impression is that an "add-on" that uses the terms from the game would fall under fair use but a derivative work that attempts to do exactly what the SRD is doing would not. Of course, if you do include the license then you have to make sure your use of the SRD is kosher.
 
This is the crucial issue for us all I think - to what extent the terms in the SRD are covered by copyright, as opposed to their precise expression as game system. If you rework the stats to give different effects, be generated differently (or at all - the SRD does not cover character creation, a gap that was put in there to cripple it as a complete RPG), but you use five out of the six names, would that be fair use or a derivative work? The Wizards FAQ refers to a stat block as one of the elements of the SRD: is it the concept of a stat block (I doubt it, too much prior art), a stat block with some of the terms but working completely differently, or a stat block with all the exact terms as laid out in the SRD?
 
Example: Game mechanics can't be copyrighted, but under the OGL you control it's fate. You have opted out of the standard copyright and secured the material inside a contract.
 
If you put those mechanics under Product Identity. And you have only secured them to the extent that other people use that contract.

Under the OGL you can lock it down under Product Identity and if someone uses the material then they can be sued due to license violation.

Even if they never signed up to the OGL? I don't think that solves the problem.

Considering the OGL

The flurry of questions about my decision to put the One Page system under the Open Game License spurred me to do even more reading and research on this topic. One of the most useful resources I ran into, among a lot of ill-informed posturing, was this post and its predecessors, from someone who knows what he is talking about and has a good discrimination among sources.

Hasbro's OGL headache?

There's a big difference between what actually is covered under copyright law and what can plausibly be taken to court by companies with deep pockets. The practice of copyright is more restrictive than the law allows, due to the intimidation factor. This is how "T$R" menaced companies like Judges' Guild and Mayfair, and smaller fry posting D&D-compatible materials on the Internet, back in the 80's and 90's. It's easy for lawyers to scare someone into taking down their adventure that uses "alignment" and "armor class" or their supplement that mentions "compatibility with D&D (tm)." Today it would be harder to actually defend those concepts as infringement in court, given that:

• Short terms or phrases don't fall under copyright unless they are emblematic of the work in question (like "Play it again, Sam" for Casablanca).
• Precedent supports the making of original "add-ons" and supplements for games without license.
• References to trademarks are allowed under the doctrine of nominative use, provided there is no other commonly recognized way to refer to the trademarked thing, and there is no confusion as to the origin of the product.
• Game mechanics may be subject to patent (as in Wizards' soon-to-expire patent on the concept of a collectible card game) but this is a separate issue.

Nonetheless, a legal injunction can really test the mettle of the small company or individual it's leveled at. Which makes the Open Gaming License so amazing. Ryan Dancey and Wizards gave any creator of works derivative of the D&D game an invulnerability potion versus legal menaces. The promise is that, as long as the strictures of the document are followed, even the most blatant retro-clones are freely licensed product. There is even a way to combine open and proprietary material with the "Product Identity" clauses. Not great from the viewpoints of open source crusaders, but good from a commercial viewpoint.

Well, it seemed like a good idea at the time, but every general is fighting the last war. The OGL was a silver bullet for two problems that had helped drag down TSR in the 1990's: commitment to producing a glut of official products, and bad publicity from infringement policing. In that light it was a brilliant single stroke combining PR and outsourcing.

But over ten years later, as the sales of the OGL product Pathfinder have outstripped those of the official D&D game, there must be bitter regrets indeed in Providence. Certainly, strong signals are being sent that the next Hasbro edition of D&D is going to go back to basics. If that's the case, it's likely that material being sold or given away that is currently not compatible with D&D 4th, but that sticks to the basic elements of D&D that have been very carefully maintained over otherwise seismic changes in the gameplay, will constitute more of a threat to their operations. In particular this would be true of complete games - "heartbreakers" - that let the players dispense with the core product that forms the mainstay of sales. It's also instructive that without exception, every commercial role-playing game that has been released as a clone or derivative of D&D, using that common language of stats and mechanics, has put itself under the OGL. This has decidedly not been the case with supplements.

Now, some people in the OSR (chiefly flagship captain Maliszewski) are extremely careful with their online content, to the point of putting every monster and spell idea under the OGL. My gamble is that this won't be strictly necessary. But something tells me that putting the core derivative work on this site - the One Page Rules modular D&D variant I have been using in games - under OGL rather than Creative Commons is a very good idea. There is enough of D&D's DNA in there that it seems both the prudent and correct thing to do.

That is my position anyway - certainly not legal advice of any qualified kind. If you think differently, won't you speak up in the comments?

Silhouette Mania Spreads

I thought I'd give back to the community in the spirit of the commendable Telecanter with these two silhouettes - a two-handed axe man I ginned up for my One Page rules, and a female fighter-type I thought filled a gap in the available selection. These are from public domain art and free for use under a Creative Commons license (http://creativecommons.org/licenses/by-sa/3.0/). Incidentally, the reason it's taking me so long to get the One Page starter pdf up is that I'm taking some good advice and switching it to OGL - it uses way too many terms from the SRD to risk any other way. And of course, that means retroactively re-licensing everything SRD-derivative I put up on this blog, but I think I have a form of words that will allow me to do that. 

Anyway ...

And presto ... he's a frost giant!