Exactly. ANYTHING can be CLAIMED as PI, but claiming it doesn't matter if you can't defend that claim.Dangerous thinking, Steve.
Let's say that "Criplled OGC Games" puts out a popular book on the greek gods. They mark the names, descriptions, and whatever else they think they can as Product Identity. I, wanting some of the greek gods in new adventure, use their OGC-god stats and assign their Public-Domain names.
COG, being the ornery and unfriendly guys that they are, send me a C&D. I laugh and respond "no way." They file suit.
Now, I have to go before a judge, possibly in Washington, and argue my case. And the cost of the lawyer will likely eat up any profits I gained from my adventure.
It's much better to be able to simply claim permission for all infringments, which I can do if I stay in the safe harbor.
DM
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