In a message dated 4/10/2004 5:38:02 PM Eastern Daylight Time, [EMAIL PROTECTED] writes:

>Read what I said again.  The license says, effectively: "OGC means the
>entire
>work this license covers except the parts that are declared as product
>identity." 

No it doesn't, it doesn't say that at all.


"Open Game Content" means ... any work covered by this License, ... but specifically excludes Product Identity...

"Product Identity" means [almost anything, including art, concepts, and language] clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content...

You must clearly indicate which portions of the work that you are distributing are Open Game Content...


----

The fact that the OGC definition says it means any covered work minus the parts declared as PI is pretty clear to me.  That you have to clearly demarcate it is, in some ways, separate from what OGC is.  But de facto, if you have handled things correctly, you will have picked a work, applied the license to it, identified your PI, and defined everything else in the covered work as OGC, clearly identifying it as such.

You don't have to have PI.  But you must also clearly identify any Product Identity you have or it is assumed that you have no product identity, since the definition of Product Identity says only those things "clearly identified as product identity by the owner of the product identity" can be declared as PI.

Note also, that the you effectively have to apply the license to a compilation or somehow declare the work to be a compiled work and break it into sub-works to apply the license to something less than a whole book if you want to have stuff in there that's not PI.  Because you have to be able to pick a work, note what is PI, and OGC the rest.  So, you could say that you have a magazine, like Dragon, and declare it to be a compilation, and slap the OGL on a single ad (frequently done).

Otherwise, the license says explicitly that OGC means the entirety of a work excluding the parts which are product identity.  You have to declare the non-PI stuff for clarity, but the definition of OGC says that it explicitly means the whole work the license covers except the parts that are PI.

De facto, if you have handled the license correctly, you should have only PI and OGC in the covered work.  However, since a work can consist of sub-works, you can probably get away with defining a sub-work pretty narrowly and apply the OGL only to a single sub-work.  I don't think you can pick and choose sentences and words and define them as individual works to excise them from the coverage of the license, but you can probably carve out almost any piece of artwork, poem, character description, story, etc. that could stand alone.

You could probably then declare that the text of your game book from page 1 to page 100 is a single work except for the artwork, and the poems on pages 39 and 72.  The pieces of artwork and the poems on pages 39 and 72 each represent separate works and are merely compiled together with your gaming work.  Anything outside of pages 1 to 100 are also not part of the covered work..  You have defined a single sub-work inside of a compiled work.  You scope the OGL to that sub-work (which is, itself, a work). 

Now the entirety of the covered work will be OGC except the parts you declare as PI.  If you have PI, you clearly identify it if you want it protected.  Everything else in the covered work will be OGC, and you must clearly identify it as such.

There is no mystery-meat "third" type of unidentified content within the covered work.  All that stuff is not within the covered work at all, if you handled things appropriately.  The stuff not covered is stuff wholly outside the work you scoped the OGL to.

Lee
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