----- Original Message -----
From: "Alec A. Burkhardt" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Monday, June 04, 2001 7:36 PM
Subject: Re: [Ogf-l] Section 8 [was Attempting to fully understand the
softwareissue.]
> > 1. The document is considered one whole portion of which its OGC clearly
> > indicated at the end in an appendix.
>
> I'd be completely amazed if you could find any court that would accept
> this since it is a completely unnatural reading of the language. The only
> way a whole work can be the portion of the work that contains the OGC is
> if the entire work is OGC. There is no way to identify OGC except to
> identify its location since there really isn't any difference between OGC
> and material normally protected by copyright. You in fact define the
> appendix as a separate portion of the work in your own example. So which
> is it -- is the work one whole portion or is the appendix the portion of
> the work that contains the OGC? You can't have it both ways.
I'm not sure about this one yet so I won't comment.
> > 2. The document itself is closed except for the appendix which states it
> > contains the OGC of the product.
>
> In other words you've closed OGC. Sorry not allowed under the OGL.
>
> > 3. Release two booklets. Close Book A and release Book B as the OGC from
> > Book A.
>
> Once again you've closed OGC in book A. This is not permited under the
> OGL.
If I am the originator and sole copyright holder I can do whatever I damn
well please. You make it sound like the OGL is forcing me to open up the
whole damn thing. I did read the OGL and I don't see a problem with either 2
or 3. There are other issues if I derived my work from someone else which I
assume is what you are assuming.
If fact this is exactly what WotC is doing with the SRD. It is released
(part now eventually all) under OGL yet the original work is not. According
to your statements it sounds like this is not permitted under the OGL. I
don't read it that way.
>
> The OGL requires that you find someway of keeping OGC open whenever it
> appears. It does this by requiring that you identifiy where OGC appears.
> Is there a reason people are trying to find ways to put OGC into closed
> portions of products? Seems to go against the whole principle of open
> gaming if you ask me.
>
In my cases 2 and 3 The Document sans Appendix and Book A are not OGC. Just
the appendix and Book B.
[Please excuse the 'damn'. Those statements were meant to express emphasis
and not anger.]
Robert Kozak
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