On 3 Sep 2005 at 20:47, [EMAIL PROTECTED] wrote:

> The problem with adding the "plus leftover standard copyright law
> stuff" as part of the covered work, is that those things that are part
> of the covered work are not covered under standard copyright law. For
> instance, you are allowed to get away with some things in copyright
> law (mentioning other people's trademarks, or quoting short passages
> under fair use rules) that you aren't allowed to do within a covered
> work under the OGL.

So we would have the following:
1) OGC
2) PI
3) Non-OGC, Non-PI Material 

For #3, it is neither OGC nor PI, and is covered by normal copyright 
law, except where it is superceded by the limitations from the OGL.

Would that be a better way of phrasing it?

Okay, now back to the core question. The issue being discussed is 
as follows:

Lee has stated (and he can correct me if I get this incorrect) that in 
his opinion, if you apply the OGL to a work (any work), that it is 
automatically 100% OGC. You then need to declare what portions 
are PI, and declare what portions are OGC, and that the work is 
made up of only those two types of content.

However, the way that I view it (i.e. my opinion) is that when you 
take a work (any work) and apply the OGL to it, that you 
automatically end up with two types of content. The first being that 
which must be declared OGC (i.e. any mechanics or other material 
derived from the SRD or other OGL sources (presuming that those 
other sources made their declarations correctly and you are using 
those sources properly). The second type would be content type #3 
that I listed above.

At this point, you would then expand the OGC declaration to include 
anything else you want to be OGC. You would also make your PI 
declaration for anything you want to mark as Product Identity.

By my reasoning, the license would not include the following clause 
----------------------------------------------------------------------------------
8. Identification: If you distribute Open Game Content You must 
clearly indicate which portions of the work that you are distributing 
are Open Game Content.
----------------------------------------------------------------------------------
if the whole work were considered OGL just by applying the license 
to the work. To put it another way, "Why do you have to clearly 
indicate which portions of the work are OGC if the whole work is 
considered to be OGC just by putting it with the license?"

This topic was a sidebar that came out of the thread, on rpg.net, 
about the OGC wiki that Mike Mearls proposed, and that others 
have since began working on.

TANSTAAFL
Rasyr (Tim Dugger)
 System Editor
 Iron Crown Enterprises - http://www.ironcrown.com
 E-Mail: [EMAIL PROTECTED]




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