[EMAIL PROTECTED] wrote:

> Actually I don't really think there is an exception from a legal 
> standpoint. 
> Use is defined beyond distribution (publishing). No one can enforce your
> example from a practical standpoint but the license goes into effect the
> minute you do anything other than read the material. Receiving it and 
> reading
> it seem to be the only things you can do without agreeing to the terms.

No, Use (and Trademark) are defined for the OGL in the OGL.

to wit:

"(g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, 
format, modify, translate and otherwise create Derivative Material of 
Open Game Content. "

Also: "(c) "Distribute" means to reproduce, license, rent, lease, sell, 
broadcast, publicly display, transmit or otherwise distribute;"

> Also you mention fan works but Eric would be distributing works 
> containing
> OGC (as would many other sites) or material consisting of it.  This 
> means the
> license kicks in. Otherwise a fan work exception could be used for any
> non-profit work containing OGC if what your saying is true.  I don't 
> think
> the OGL is meant to apply to only for profit works.  Also I thought I 
> heard
> that the fan policy is over as soon as everything (d20, etc.) is 
> official.

Nothing that isn't identified as OGC is OGC, or can be OGC.

Eric's site currently (AFAIK) exists under the "online usage policy", 
but like you said its days are numbered.  But your'e right... the OGL 
isn't just for buisnesses.  It's *primarily* for buisnesses, but there 
are exceptions.  (Like me.)


DM

http://home.nycap.rr.com/steelstone/

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