From: "Clark Peterson" <[EMAIL PROTECTED]>
Can I say the "work" is just chapters 2 and 4? Or, in
your view, does the "work" mean the whole book?
The intent of the license is that it apply to all chapters.
This is a required interpretation. Otherwise, it would be possible to put
the things that we didn't want you to be able say like "This product is
compatible with Dungeons & Dragons(R)" on the cover and claim that it was
not a part of the "work" covered by the OGL.
My reading of copyright caselaw indicated that the courts view any
commercial unit sold as a whole as a "work" for the purposes of copyright
licenses. 3 booklets sold in a box is a "work". A magazine featuring many
articles is a "work".
The caselaw regarding anthologies and collections is also pretty clear: The
"work" is the body as a whole, but that body may comprise many individual
components with different copyrights. However, the collection gains
copyright protection as well (you can't make a CD of Beatles tunes that
features the same songs in the same order as "1", even if you had the
individual right to republish the songs themselves, or even to publish a
collection of #1 hits.)
This is the same interpretation I believe should and would be applied to the
trademark license. Otherwise, you could put all the verboten stuff in a
booklet shipped inside the cover of a hardback game and make a complete RPG,
etc.
From my reading, I believe that "work" is almost always used in the most
expansive way possible. For example, in Anderson v. Stallone, the court
held that the entire script written by Anderson was an unauthorized
derivative work of Stallone's original Rocky script, despite the fact that
the only thing the two works shared in common were the names of the
characters and their general descriptions.
Ryan
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