From: "Tim Dugger" <[EMAIL PROTECTED]>
Subject: Re: [OGF-L] The Mysterious Third Type of Content


> On 1 Mar 2005 [EMAIL PROTECTED] scribbled a note about Re: [OGF-L] The 
> Mysterious Third
Type of Content:
>
> > In that definition (parts that I trimmed) it made reference to U.S.
> > copyright law, thereby drawing in the term of art "work" in the
> > lexicon of the contract without redefining it in any substantive way.
> > When you apply this license to a Work the work becomes OGC except the
> > parts that are PI, because "any work covered by the license" is OGC.
>
> The part of a product that you declare as Open Game Content is the
> "Work" referenced as only what you declare as OGC is covered by the
> license.
>
> I have a 16 page product. I declare 1 page as OGC. As far as the
> license is concerned, that 1 page IS the WORK as is mentioned within
> the license. That, and anything you declare as PI. All other material
> in the product, that is not listed as either, falls under normal
> copyright laws.

So can you argue "fair use" to make quotes from the PHB, DMG or Forgotten 
Realms Campaign
Setting on your other 15 pages as you would be allowed to do under normal 
copyright law? I
don't think so. I think that you have agreed to not do this by using the OGL 
and therefore
the other 15 pages are in someway bound by the OGL as well.

I can't prove this position, but it *seems* to me to be the intent of the 
licence. And if
that *is* the way that the licence operates there *must* be a third type of 
content. I
agree that it is a "one-trick-pony" type of content, probably only being bound 
by the
compatibility bits of the licence, but I do think it exists.

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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