On 28 Feb 2005 at 19:38, Chris Helton wrote:

>  The owner of any
> Product Identity used in Open Game Content shall
> retain all rights, title and interest in and to that
> Product Identity." 

This is the key phrase here - "The owner of any Product Identity used 
in Open Game Content.

As Spikey points out, outside of the OGL, Product Identity does not 
have a true legal context. 

>The emphasis should be put on "You
> agree not to use any product Identity" as all of the
> rest is just icing.

Okay, sure. In that case, I'll just claim that all fonts are my Product 
Identity, and thus nobody could ever print anything ever again. heheh

Seriously though, the license, in context to itself, describes what IT 
(the OGL) considers to be Product Identity. And please note that it 
describes PI as being part of or included in Open Game Content.

It lumps together many things normally under very different laws 
(trademarks and copyrights) as a single item for the express purpose 
of taking and marking certain items within a product of Open Game 
Content as "off-limits".

If a person is not using the OGL, then they cannot claim Product 
Identity because they have no Open Game Content in which to mark 
things off-limits.


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




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