<<The problem with Democracy is that 'prevailing wisdom' is often wrong.
>>
Except in this case, the prevailing wisdom is largely on target. The license says explicitly the entirety of the covered work is OGC except that which is PI. In a multi-part complex work (which contains other works), including some books, and most magazines, the enclosing work may not be covered, which one enclosed work might be. The enclosed work that is covered will be 100% covered and the sum of its OGC and PI parts will equal 100% of that covered work, while the magazine (which is not covered) will have one article with PI and OGC the rest with normal copyrighted contents.
<<I'm not saying that there is a 'correct' interpretation, just that until
such time as a case actually goes to court there is no 'correct'
interpretation.
>>
The license is explicit that for a covered work it's all 100% OGC except the parts that are PI.
<<Because of that, there is pleanty of legal ground to argue that the OGL
covers an entire work and that material within that work is either OGC
or PI. If you check the license there is no description of what "Other
stuff not covered by the license" would look like or how to handle it.
>>
No, and the multi-part work or compilation where a work contains other works is the most common way that it can occur. The license doesn't need to cover that possibility for it to be a legally possible application of its use.
Note that I have contended for a long time that the license explicitly covers a whole WORK (it says so). And it doesn't provide that only part of the work can be covered. But in a compilation or multi-part work, you can have a chapter or an article which could be published separately as a work and that work can be covered separately from the surrounding volume, just each article in a gaming magazine may be separately covered by a separate Section 15. This not uncommonly occurs in Dragon Magazine (particularly for Green Ronin) when they publish some of their ads or an excerpt of their latest book.
Dragon is not an OGL covered publication but some parts of it, constituting works in and of themselves, are covered works.
Lee
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