On Tue, 5 Sep 2000, Ryan S. Dancey wrote:
> The Draft License says in part:
> 
> "(e) "Product Identity" means [ list of things it could mean deleted ]
> clearly identified as Product Identity by the owner of the Product
> Identity;"
> 
> So if you define something as Open, and you don't exclude it specifically 
> by saying that some subset of that Open material is instead Product 
> Identity, then the whole section is Open.

        The language could definitely use some improvement, then.  
The phrase at the end of the list goes: "and any other trademark or
registered trademark clearly identified as Product Identity by the 
owner of the Product Identity;"  

        Grammatically, it is ambiguous whether the clause ("clearly
identified as") applies just to "any other trademarks" or the entire list 
of items.  You seem to be saying that the clause was intended apply to
the entire list -- so nothing is Product Identity unless it is 
specifically identified as Product Identity.  If that is the case, 
though, what is the point of the long list of items?  

        My feeling was that the list was intended as at the very least a 
default.  If you just mean to say that Product Identity is only those
items marked as "Product Identity", then why not just skip the long 
list and say just that?  

- John


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