Actually, 95% of all works I've seen don't try to create any mystery meat 3rd type of content and actually cover the entire work of which 100% is listed as either OGC or PI.
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I think you should go back and review those products you've come across. Based on the products I have come across (and reviewed just before writing this message) many do not follow the formula you claim (specifically OGC+PI=100% of product). They simply name what is OGC, but don't specify "everything else" as PI. In alot of cases, it's just regular copyrighted material.
I will acknowledge that I don't have the most complete collection of d20/OGL material, and I didn't spend the hours necessary the make a complete listing of products. I reviewed about 40 products though (by big names, and little names). Here are my conclusions:
Most Malhavoc products (excepting Arcana Unearthed Players Handbook and Anger of Angels) state which chapters are OGC. There is a laundry list of what they claim as PI, but nothing saying all chapters not declared OGC is PI. The two above mentioned products seem to indicate OGC+PI=100% of product.
All the Fantasy Flight Games products I came across specify the material that is OGC, and either specify the rest of the content as Closed Content or copyrighted to FFG. When PI is even mentioned, it's only artwork that is specified.
Many of AEG's products also specify OGC and Closed/Copyrighted Content. There is some mention of Product Identity in some of the products, but it doesn't cover enough to be everything not OGC. Specifically, "Good" by AEG stats Chapter Four as containing no OGC. Chapter 4 is not claimed as PI.
Mongoose products after a certain date tend to be vague with the all game mechanics and stats derived from OGC and the SRD are considered Open Content and then specifying that the rest is copyrighted Mongoose (certainly not your OGC+PI=100%).
On the other hand, Bastion Press pretty much say all their product is OGC with just artwork being PI. Bastion could pretty much say, all text is OGC and still have the same effect.
We of course know the Freeport series is 100% OGC.
The rest of the products seem to either fall within your (OGC+PI=100%) claim or as I state (OGC+PI+ClosedContent=100%).
Virtually all these products also include the product title in it's section 15 (and not specifically what part of the product is covered as you believe).
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So, the great majority of industry usage is consistent with my interpretation of how a work is defined broadly in copyright law (the latter definition is referenced by talking about "derivative works" and "translations" as defined by copyright law).
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Prove that the great majority of industry usage is consistent with your interpretation. I've identified major publishers that have a decent size chunk of product who don't follow as you claim. Remember that your initial claim is 95% follow the OGC+PI=100%.
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Actually, it would only be the small minority of works which are inconsistent with what I've described.
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Back it up please.
-- Scott http://www.sbroadbent.com. News, Reviews, Gaming! _______________________________________________ Ogf-l mailing list Ogf-l@mail.opengamingfoundation.org http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
