Hello,
Chris Davis wrote:
> > Well, I'm just using my basic English skills here. Perhaps
> > someone could point out something I missed, but I'll state what
> > I read:
> >
> > - Point #7 says "You agree not to Use any Product Identity"
>
> True, but you must define what is "Product Identity" in your matrial, not
> what isn't "Product Identity".
Perhaps it should read, "You agree not to use any material that has been
designated as Product Identity." That way the statement doesn't sound like it
assumes the list given is already Product Identity.
> > - Point #1 defines the term "Product Identity", saying
> > <begin definition>
> > "Product Identity" means product and product line names, logos and
> > identifying marks including trade dress; artifacts; creatures
> > <... long list of other items ...>
> > names and descriptions of characters, spells, enchantments,
> > personalities, teams, personas, likenesses and special abilities;
> > <... more items listed ...>
> > and any other trademark or registered trademark clearly identified
> > as Product Identity by the owner of the Product Identity;
> > <end definition>
>
> This is a definition of what COULD be trademarked, not what is "Product
> Identity" by default.
It sounds to me as though that is the default and to be anything different
must be specifically marked as Open.
Perhaps it should say something like, "Product Identity, if marked as Product
Identity by the contributor, means <long list of items>. Then at least it
wouldn't sound as a given that the long list is already Product Identity,
just by being on the list.
I'm sure that there is a clearer way to put it, but I think that if the
intent is to require the items on the list to be specified as Product
Identity before it is to be considered as such, then the wording needs to say
so.
Have Fun,
Darren
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