The thing that I think is throwing him off is your statement that I bolded below. In addition to the being part of the grand list, I feel that PI should be declared.

That said, what you're saying actually harkens back to some 'old school' interpretations from before I started to zone out the hypothetical yammerings.

Old School Interpretation: There are two forms of item in a OGL related work. Open Content which is copyrighted to its creator and shareable and Product Identity which was everything else (Copyrighted but not sharable). Publishers would make specific declarations of PI in the fronts of their books as an easy way to break it out from all of the OGC in addition to things like putting boxes around the OGC.

Somewhere along the way the various discussions brought out the

New School Interpretation: There are in fact three forms of material in an OGL work. Open content which is copyrighted to the creator and sharable, Product Identity which serves as a quasi-OGL only Trademark, and 'Other' which is the stuff that isn't covered by the OGL and falls under normal copyright laws.

The thing is, Trademark gets its own special handling under the OGL which in some ways builds PI into its own category despite the fact that it includes trademarked material. I'm probably not being as clear as I could be but hopefully this will help you understand where some of this arguement is coming from.

Chris Helton wrote:
I'm not really sur what Darklord is claiming, because
the longer he argues the less it seems to me that he
seems to even understand what the OGL is about.

But what you said above is what I am tryign to say.
You don't have to be bound by the OGL to make a
declaration of PI. Basically if something has been
copyrighted or trademarked, that makes it a viable
Product Identity as the OGl defines it. Which means
that it is of limit. As long as something meets the
definition of Product Identity by the OGL it is PI.
One of the things that Darklord seems to be missing
are the uses of the cunjunction "and" in the license.
These definitions of PI are not either/or, but instead
they are a list of different objects.
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