On Mon, 4 Jun 2001, Robert Kozak wrote:
> > Clear indication means that
> > a person has to be able to identify the OGC wherever it appears. Is
> > telling a person to compare everything in the main text with what's in the
> > appendix a reasonable way of identifying the OGC in the main text?
> > Perhaps.
>
> Not to nitpick but you did it again. You added "wherever it appears" when
> you define clear indication. The OGL doesn't define clearly indicate. Does
> the legal system have a legal definition of "clearly indicate"? Because this
> is not how I would define it but I would change my thinking if this was a
> legal definition.
The requirement is that you "clearly indicate which PORTIONS (emphasis
mine) of the work you are distributing are Open Game Content". It does
not require that you simply clearly identify OGC content. Since anything
that is OGC under the OGL is always OGC, that requirement means you need
to clearly indicate all portions of a work that are OGC. How can you
claim that where the OGC appears in the main text it is not OGC and claim
that in the appendix it is OGC? If the text is OGC in the appendix, isnt'
it OGC in the main text? And as such doesn't it's appearance in the main
text constitute a portion of the work that is OGC? Therefore the license
requires you to identify those portions of the main text that contain OGC.
alec
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