On 5 Sep 2005 at 9:50, [EMAIL PROTECTED] wrote:

> In a message dated 9/5/2005 1:28:21 AM Eastern Daylight Time, 
> [EMAIL PROTECTED] writes:
> > <<I dont buy the "OGC by default" argument.>>
> 
> I don't know if "by default" is the appropriate word.  I've only
> claimed that you must declare as OGC everything that you don't declare
> as PI.

No, you actually have claimed that anything under the license is 
automatically (which pretty much equals the term "by default") OGC, 
except for what is PI. At least that is what you said on the rpg.net 
thread.

> 
> What is your interpretation of:
> 
> "OGC... means any work covered by the License... excluding product
> identity."
> 

This is where I am having problems. You are taking only a portion of 
the definition given and attempting to make it the only definition, 
ignoring the rest of the definition, and pretty much ignoring the rest 
of the license where the phrasing tends to counter any possible 
interpretation other than the one you are attempting to apply. You 
cannot ignore the rest of the definition, which actually comes before 
that small part you continually quote.

> This implies to me, that if there is no Product Identity that the work
> covered by the license is 100% OGC.  I don't see any other reasonable
> construction of this definition.  Do you?  What is it?

This apparently implies to you that if there is not a PI declaration, 
that no matter what the OGC declaration, that OGC declaration is 
wrong unless it is for 100% OGC.

Let's take a magazine as an example of my interpretation.

Using my interpretation, the whole magazine is covered by the 
license. The magazine declares three articles as OGC. It then 
declares the names of characters and place names used within the 
articles as PI.

So what is the rest of the magazine? Under my interpretation, it is 
non-open (closed) content (meaning that it cannot be re-used - even 
through the fair use clauses available in copyright law if you are 
using the OGL). It doesn't have to be declared because it is not 
OGC, nor is it PI. It is the default state of content (caveat - content 
based upon the SRD or other OGC works is automatically open, and 
is required to be declared as such) within the covered work.

Under your interpretation, it would seem that the magazine would 
require a separate copy of the OGL for each of the articles.








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





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