Resolution Mechanic- Need help with the use of descriptors

[TwoCrows]

Hey Gents,

I did a little more digging...after a nice long nap helped me get my boxing face on a little better.

DP9's Use of the word CORE

The game engine driving all DP9's RPGs is called Silhouette CORE©¹, reduced to SilCORE² in either the lingo of the gamers using it³, or DP9 itself. This Engine drives a number of genre specific games⁴, most of which seemingly orbit a Pulp SF/Manga-esque vibe. Evidently it's also a d6-based system, though, I don't have actual game mechanics details yet.

Curiously, the very word Silcore is copyrighted by others outside the RPG industry⁵, so one could argue that a certain LvL of confusion already exists concerning their use of that name. (Essentially it's the same sitch you encountered Justin with that IT Company, only one of them didn't exactly follow your example.) I'm not sure whether DP9, or the non-RPG company coined the Silcore name first. Chances are people in both industries are aware of this situation, as evidenced by the fact that both listings come up on the same Goog-lay Search Page⁶. Ironically the Non-RPG use takes top spot. More digging ahead.

Perhaps pertinent to our concern is the fact that DP9 has a Fansite/Fanfic List⁷ on their website. Evidently they're the sharing type...whether they would view your use of a somewhat similar name for a potentially competing RPG may be the rub. If you did it in their particular genre-niche I think you'd most certainly get hammered. CORE Mecha, CORE Manga, or CORE Space Opera names would be right out. Trying names like CORE Fantasy Adventure, or CORE Superheroes would most probably also land you a nice C&D Letter (Cease and Desist).

As I see it, the potential hitch with DP9 over your RPG Engine Title is that it is also a d6-based RPG that might compare confusingly against their CORE Command game title.

Considerations for your CORE

I think one part of this concern hangs on your intended use of the name CORE (C.O.R.E., and/or Cinematic Open-Source Roleplaying Engine). Help me out, are you:

1) Making this a free Open Source/Community Developed Product Identity (PI)?

2) Aiming to sell it with some portions of the PI in closed copyright by yourself, and contributing authors?

3) Aiming to sell it with all the content Open Source/Copyleft?

The other key point may be how long you've been using the CORE name, where, in what context, and format? How far back in history do you have certifiably dated material containing your use of the CORE name? This could include emails, computer files, dated journals, snail mail correspondence, etc. As far as I can tell DP9 copyrighted their system somewhere around 1994-99. Yours isn't copyrighted/trademarked yet, but in the event of a copyright infringement battle this info could demonstrate your intent as non-aggressive.

Justin, you could just bypass all this speculation by contacting DP9, explaining your situation, and asking them if it would represent a problem for them...or, you could do more digging first, and then a) Ask them, or b) Do your thang, and risk a C&D Letter/Order. Personally, I would opt for the course that never jeopardizes your own unique Product Identity, or even tarnishing its reputation in the industry.

The other option is to take this concern to a Lawyer specializing in Copyright, Trademark, and Intellectual Property Law.⁸

Perhaps ironically, something about the name Noclue lends me comfort, and certainty that we'll get to the very bottom of this concern in record time.

More later...

Regards, Brad

Research Notes –
¹[PDF]Silhouette CORE© Rules FAQ
²SilCORE Wiki
³DP9 Forum mention of SilCORE© OGL
⁴Dream Pod 9 Wikipedia Entry
⁵Non-RPG Use of Silcore Name
⁶Google Search Page Evidencing Non-RPG Use
⁷DP9 List Page including Fansites/Fanfic
⁸Fine Example of an Intellectual Property Law Specialist


Other Pertinent Information –
DP9 Homepage
Silhouette CORE Rulebook
Example SilCORE© Fansite

Copyright Resources –
http://intelproplaw.com/Copyright/Forum/msg/2799.shtml
http://www.registeringatrademark.com/copyright-faq.shtml#18
http://news.com.com/2100-1023_3-223525.html
http://www.chillingeffects.org/

[Justin Nichol - BFG]

Well one thing I've noticed is although they have command core, in the actual text of their game demos they refer to their system as being called Silhouette, which makes it seem like the system is called that, and they're referring to it as the core rules of silhouette, but that could just be an oversight.

As for your questions:

1) Yes, if I'm not misunderstanding.

2) No, none of the content released by BFG for CORE will be closed content, and no derivative works based on the system will be allowed to be closed content.

3) Yes, if things go well enough, for fundraising purposes, there will be professionally printed editions for sale, but all content will be available freely in electronic format.

I think that I would prefer to just contact DP9, but I would like to have some leverage in the offer, because I can see a company very readily trying to dismiss the threat any way they can, but I don't know what the staff of DP9 are like, they could be amiable.

[TwoCrows]

Justin,

From what I can gather the folks at Dream Pod 9 are probably reasonably personable, if the history of DP9 is any indication. Of course, though, I'm only guessing.

By way of leverage I'd opt for the gods' honest truth, considering you've just stated to me that you're not in this for the money, and hold no allusions of competing with them on any front other than the attention of what gamers dig your work enough to either play it, or work on it themselves.

In my opinion, and take it with a tablespoon of salt, my guess is if they do have a business before pleasure at all costs attitude, once you say that your game is an open-source, community developed, sold only as commemorative printed editions to defray costs sort of animal...well, they'll probably write you off as a plain old hobbyist nowhere near capable of hurting their sales. Again, this is only speculation, so take it for what it's worth to you...

Oh, and if my sense of Forge policy is getting any better, this thread is probably nearing the tail end of its shelf life...so, if you want to talk to me about it after this PM me.

Regards, Brad