Re: [OGF-L] Covered "work" is a subset of a product?

[David Shepheard]

From: [EMAIL PROTECTED] Subject: Re: [OGF-L] Who can declare ProductIdentity (ThirdPartyBeneficiaries?) In the definition you quoted (from me) it says THE WORK that's covered is OGC except the parts that are PI.  Work is a legal term of art, varying from industry to industry, but will generally mean a complete artistic product or sales unit.  An article, a book, a poem are a work.  A sentence or paragraph usually, but not always, are deemed to be NOT a work.  There is some flexibility as to the definition of the work, but once you say: This is the work covered by the product and define what is covered, of the stuff that's covered, it's 100% OGC except for the parts that are PI via the definition of OGC. I've got an issue with your multi work product assertion: You say something along the lines of a magazine publisher can legally print d20 System logos on pages that contain adverts that are licensed under the d20STL and reviews of WotC on other pages, but not put the d20 logo on the magazine front cover. However, what would stop a publisher from putting an advert with the d20 System logo on page three and then putting a hole in the front cover or clear panel on the front cover that just happened to be over that logo. The magazine would not actually be printing a d20 System logo on the front cover and the d20 System logo that people could see would be on a different "work" that wasn't legally the same work as the front cover. Would anyone be in breach of the d20STL, because the logo and the cover would be two different works with different licences according to your logic. If someone would be in breach of the d20STL, then who would be in breach? Would both the advertiser and the magazine owner be in breach? David Shepheard Webmaster Virtual Eclipse Science Fiction Role Playing Club http://virtualeclipse.aboho.com/ http://uk.groups.yahoo.com/group/virtualeclipselrp/

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