Sturn said:
Well my personal opinion is, if Mongoose is the license holder and doesn't want you to do it, then don't be an ass and don't do it. Even if there is some legal loop-hole that allows you to do it, the peeps that paid for the license don't want you to do it. So, even if you don't like it, it is the honorable thing to not publish it.
I don't think it is "honorable" at all - it is essentially allowing a publisher to bully people into submission when they have no right to do so, and your suggestion that people should pay licensing fees for something that is
legally free to use is clearly misguided! And this isn't merely a "loophole", this is going against the very definition of Open Content - which is that
it's open. It's Mongoose demanding something that they have no authority to demand.
Read what I said in my previous post again. That demonstrated -
using WotC's own words that they had clearly considered since it was from a FAQ about this very subject - that Mongoose has no authority to forbid anyone from publishing software that is based solely on OGC material under the OGL. That's what WotC says - and Mongoose uses the OGL that they published, so as far as I'm concerned, that's that. It doesn't matter who "paid for the license" (see below) - remember that Mongoose were also the ones who decided what material to release under the OGL, so if they didn't think that through properly then that's a consequence that they'll have to live with.
Don't forget that the OGL is there to enable and encourage people to use Open Content freely - so it can and should be used by third parties as it was intended. It is completely self-defeating to not do something that the OGL allows you to do, and it's against the spirit of the OGL itself too.
Nothing is preventing Mongoose from publishing their own software though. As I said, they can make it "more professional", more fancy, more detailed, include Traveller-specific material (which third parties cannot do because of the TLL), or do anything else to encourage people to pay money for it. But they do not have the authority to forbid anyone from publishing software based solely on Open Game Content, and that is released according to the OGL. If Mongoose fears that will lose them money, that's a risk they will have to take - they will just have to make more of an effort to ensure that their (
currently entirely hypothetical) software is worth buying. And if that makes their product better then the customer isn't exactly losing out because of that competition.
And as I pointed out, Mongoose pulled this very trick themselves during the d20 days. They reprinted all the Open Content of the D&D 3e Players Manual and released it commercially as the "Pocket Players Handbook". So I find it very hypocritical of them to turn around and prevent other people using their OGL material in a similar manner, but in a non-commercial way.
If you want to talk about being "honorable", then the honorable result of all this is that Mongoose should back down and not attempt to obstruct or prevent anybody from publishing non-commercial OGC-based software that they are legally allowed to do under the OGL.
*: And again, to make it clear - if the software uses "Product Identity" that is not Open Content such as the names of OTU races or OTU worlds (or OTU-specific details)... then sure, Mongoose has every right to say "no, you can't publish that" and I fully support their right to do that - THAT is the license that they paid for, after all. The issue here is solely related to the question of third parties publishing software based on Open Gaming Content that they have released under the OGL.