Subject: Re: [OGF-L] Work=OGC+PI+nothing else? Was: Who can declareProductIdentity (T...

Consider this.  I produce a magazine.  Inside the magazine are two articles.  One is covered by the OGL and the d20 STL.  The other is covered by the OGL only.  The magazine is covered by neither explicitly.

<snip>

I haven't fully considered the fair use angle.  I will think it over some more.

I appreciate the comments.  Whether or not you agree, it's a pleasure to converse.
I agree with what would happen inside both the OGL and d20 articles, but it is that "fair use" thing in the rest of the magazine that has been bugging me about your position. I hadn't really thought much about magazines, but with the recent postfest I thought about it and decided that the rest of the magazine should have some sort of relationship to the OGL as it is attached to it physically.
 
Either you are right that the rest of the magazine is not covered by the OGL explicitly and they could make full use of fair use...
 
...or...
 
...section 3 forces the publisher of the magazine to abide by things like the section 7 restrictions of the OGL throughout their *entire* magazine.
 
I see what *you* are saying, but it seems to me a bit like somebody joining the army on a Monday and then saying that they only agreed to follow orders on Mondays and their agreement doesn't cover the rest of their week.
 
They magazine publisher may not be adding a blanket copyright statement of their entire magazine to either of the copies of the OGL (assuming that they don't combine the licences of both articles together) but they are actually "Using" OGC in their magazine, aren't they?
 
Isn't "Using" OGC the thing that makes you comply with the licence? Surely your own OGC/PI declarations and section 15 copyright additions only apply to the next guy in the chain.
 
If a publisher can Use OGC but somehow wrap it up in a fair-use-proof wrapper it seems to me that they are not playing by the spirit of the rules.
 
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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