I'm repeating this for Ryan's benefit...sorry for the rehash.
> Ryan S. Dancey
>
> "(d)"Open Game Content" means the game mechanic and ... clearly identified
> as Open Game Content by the Contributor..."
>
> If you don't identify something as Open Game Content, and it's not a
> derivative work of something that is, then that material is not OGC.
>
> Product Identity refers to material that >otherwise< would be Open Game
> Content if it were not otherwise excluded.
I know that's what you mean, but I'm not sure that's what is says. Please
pardon my pasting, but I need it to demonstrate my point. 1(d) get
grammatically broken down into three pieces:
1(d) "Open Game Content" means
* the game mechanic and includes the methods, procedures, processes and
routines to the extent such content does not embody the Product Identity and
is an enhancement over the prior art
* any additional content clearly identified as Open Game Content by the
Contributor
* any work covered by this License, including translations and derivative
works under copyright law, but specifically excludes Product Identity.
That seems to indicate that you can make just about anything OGC except PI.
So far so good.
1(e) breaks down into two:
1(e) "Product Identity" means
* product and product line names, logos and identifying marks including
trade dress; artifacts; creatures characters; stories, storylines, plots,
thematic elements, dialogue, incidents, language, artwork, symbols, designs,
depictions, likenesses, formats, poses, concepts, themes and graphic,
photographic and other visual or audio representations; names and
descriptions of characters, spells, enchantments, personalities, teams,
personas, likenesses and special abilities; places, locations, environments,
creatures, equipment, magical or supernatural abilities or effects, logos,
symbols, or graphic designs; and any other trademark or registered trademark
clearly identified as Product identity by the owner of the Product Identity,
* which specifically excludes the Open Game Content;
There is no room in PI for game rules, unless you consider game rules to be
'concepts', and the last part of 1(d) defines everything in the document
that isn't PI to be OGC. So, if PI can't be game rules, then it must be
OGC.
I am assuming that 1(e) is so long because it is an exhaustive list. If it
isn't, then it should say "Product Identity includes but is not limited
to..."
-Brad