If your first-level character is a complete creampuff, the job of your DM is to make sure you either have backup characters or to buff as appropriate, but only just barely... or the job of the DM is create encounters that actually scale to the party. as a former DM, I made it my job to ensure that my players could have fun regardless of how buffed or how wimpy their characters may be. I think it's easy to kill characters in 3.5 (at all levels*) if your DM is stressed, distracted, or just capricious and the secret is always to have the big fights balance the threat to your players of ever present DOOM with the hope that they can win by being smart, clever or outlandish (while also sprinkling in a few pushover encounters to let them revel in being awesome)
Q: My understanding of Trademark law is that it is legal for me to indicate compatibility or co-adaptability with a Trademark so long as I don't dilute the mark, confuse consumers about the ownership of the mark, or attempt to claim ownership of the mark. How can the OGL stop me from using a Trademark in a way that is otherwise completely legal?Notice that they also made it impossible for publishers to release products which had stats for D&D and other competing systems. It's the same thing WotC is now doing with the new GSL license, except that license makes clear that Wizards considers 3e to also be their competition.
A: The terms of the Open Game License supercede the terms of general Trademark law. By agreeing to accept the Open Game License, gaining the benefit of the consideration of being able to use Open Game Content under the terms of the OGL, you limit certain other rights that you might otherwise have.
Q: I want to make a product that claims compatibility with someone else's Trademark, and uses Open Game Content. I'm going to put the Open Game Content in a separate booklet in a box, and only use the Trademark on the packaging on the box. Can I get away with this?
A: No. The terms of the Open Game License extend to the whole work. If you have questions about the technical legal definition of a "work", consult your legal counsel.
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Not productive, won't help me get laid, and it's not really something that I brag about at parties. But you know what? It's not a bad way to spend a Sunday afternoon once a month. Not bad at all.
posted by Afroblanco at 11:17 AM on July 13, 2010 [6 favorites]