On 20 Feb 2004, at 16:23, Spike Y Jones wrote:
On Fri, 20 Feb 2004 11:18:32 -0500
 "jdomsalla" <[EMAIL PROTECTED]> wrote:
My reading of this is that it makes explicit that you are in the
wrong if you take someone else's Closed Content or Product
Identity, reprint it in you book, and then declare it to be
Open Content.
This actually extends beyond Closed/PI content; For instance,
converting a creature from Palladium (where OGC/PI are meaningless
terms) and publishing it as OGC (without specific license from
Palladium to do so) would be a violation of Section 5 as well.
But in this case Section 5 would be unnecessary. If your conversion
would be legal under standard copyright law (big debate there), then
it would also be legal for you to contribute it as Open Content; no
need for Section 5. If it's not legal to do the conversion, you
wouldn't need any special section of the OGL to cover a plain
copyright infringement.

Which is where my question comes from: if I try to copy/derive from/distribute something that isn't mine to do so, it's not legal anyway.


Does section 5 simply make this explicit to people (which is still a good thing, as many people don't seem to get it), or does it have a *legal* effect on their position if they are found to be in breach of copyright/trademark?

Thanks.

- Rob

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