I don't think you really need to be bound to the OGL in order to make a
declaration of PI. The license seems to only indicate that you have to
be the owner of the PI in order to make that declaration. On the other
hand, the license does require a 'clear declaration' of that PI.
Obviously the clearest declaration is inside the work itself but some
form of mass publication could be ruled as sufficient.
*grin*
So in conclusion I disagree with both of you.
[EMAIL PROTECTED] wrote:
In a message dated 3/1/2005 10:07:29 AM Eastern Standard Time,
[EMAIL PROTECTED] writes:
<<Considering a 'White out' interpretation of Product Identity as it
relates to OGC, you're essentially looking at what makes it possible to
do licensed products.>>
That's not what Chris is saying as best I understand him. He is
saying that all that stuff on the PI eligibility list is 100% PI, 100%
of the time, whether or not it is declared, and whether or not the
stuff belongs to a party to specific instance of the license.
If Anne McCaffery isn't a party to the OGL she can't declare anything
as PI. She can authorize you (who are a party to the OGL) to declare
it on her behalf, but SOMEBODY has to be bound by the OGL to make the
declaration. Either Anne is bound by it, or you, as her agent, are
bound by it.
She can't, as a third party, without you intervening and publishing
under the OGL, say: "I'm not using the OGL, and I'm not authorizing
anyone to use my works with the OGL, but all my stuff is Product
Identity".
That's what Chris is claiming, because he's claiming that anyone,
anywhere, at any time, can declare something as PI and bind you by
their declaration even if they are not a party to any version of the
OGL anywhere. Chris has gone further and questioned whether they have
to actually declare their PI for it to be PI.
Lee
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