On 28 Feb 2005 at 21:47, [EMAIL PROTECTED] wrote:

> However, there's nothing saying explicitly that PI has to be declared
> by anyone in particular.  I was thinking that you had to be a party to
> the contract to declare PI, but then I asked myself this question: can
> a third party beneficiary declare PI without actually being a party to
> the contract or an assignee.
> 
> This discussion festered up in the wake of an observation about
> whether you are bound by the PI in the SRD if you don't quote OGC from
> the SRD and include it in your Section 15.
> 
> Thoughts?  Comments?

Not exactly sure what you are saying (an example would have been 
nice - hehe), but I will respond to what I think you are saying.

IMO, it is implicit that the person putting material under the license is 
the one intended and required to declare what is and what isn't 
Product Identity. IIRC (it has been a while since I looked at the OGL), 
declaring product identity IS a part of the license, therefore the person 
who originally licenses the material (i.e. puts it under the OGL) is the 
one who declares the product identity.

Remember, part of the OGL is that once declared as OGL, another 
person cannot come along and make it non-open again. This means 
that if I put the entire text of a product that I call " Critical Combat" 
under the OGL. You cannot come along later, use the section on 
herbs, and declare the herb names as product identity. They are 
already declared as open, and cannot be closed again. Doing so, or 
attempting to do so would be a breach of the license itself.

TANSTAAFL
Rasyr (Tim Dugger)
 System Editor
 Iron Crown Enterprises - http://www.ironcrown.com
 E-Mail: [EMAIL PROTECTED]




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