Blood axe wrote:Jonathan Miller wrote:Thanks for the replies. People in the OSR community have said that game rules can't be copyrighted, just the presentation of rules, though I wonder how true this is, if Dan Proctor felt the need to fiddle with the XP and thief skill tables.
Game rules cant be copyrighted? Really? Who came up with that idea? I never heard of that. You just cant go out an sell an exact copy of someones game. Maybe after the rights expire. Otherwise what would be the point of the "open gaming license" that some RPGs have? They wouldnt need to state that if anyone could just do it.
He's right, you can't copyright the mechanics.
However, this isn't trying to work within the rules of copyright, this is attempting to work within the safe harbour of the Open Game License. This game is not *actually* based on 1981 D&D, it is based on the 3rd edition d20 SRD, with modifications to make it "feel" like it is a different game that is in turn reminiscent of the game you mentioned. If the game were to have exactly the same numbers as said game, then it would appear to be a direct rip of that game, in which case it could be challenged as a copyright violation (not that said challenge would necessarily win, but it could happen, and would do so in court), instead it is allowed to be published under the Open Game License.
As for the use of the OGL, BloodAxe, it allows for more control than copyright legislation - it allows people to use the exact same wording as a copyrighted text as long as said wording was released under the OGL, while also allowing the publisher to dictate what elements of the game are not open (such as those items that are protected by copyright, such as setting information).