> Sure.  I've already said so explicitly.  There is absolutely nothing in
> the OGL that relates to software at all.  The OGL is software neutral.
...
> here and other places related to the OGL chose to have this problem.  It
> is a choice that the paper-based publishers don't have to face because
> they can easily implement the clauses which define clearly identifying
> Open Game Content, whereas the software guys have not shown an interest
> in doing so in their unique medium.

(Raises a hand) Hi Ryan, as software guy I'm hereby showing my interest how to
cleary identify OGC in my unique medium. Can you please give me and other
"software guys" here your advise how to do so - at least on same terms as
paper-based publishers? If memory serves me right, "showing interest" is what we
have been very actively doing over here for last year or so. So far all we got
is  a) "Release it as Open Source". b) "Don't use OGL for software",  c)
.....silence, as communications are ignored.

Lets review these options:
a) Never Winter Nights, Master Tools are not released as Open Source. Therefore
small software guys like us have no choice but to follow the corporate wisdom of
WotC / Hasbro / Bioware. If they are not releasing any software as open source,
probably more experienced business executives running these companies had some
good reason for this, right?
b) "Don't use OGL for software" - don't sounds like software neutral statement.
c) even if having positive side of being universal solution, unfortunately is
not really helpful, and hardly can be considered a permanent solution.

Lets try again. As you said paper-based publishers has clear and easy way to
separate PI and OGC, so their products are commercial, not 100% open source
products. (I can't photocopy PH and resell it, right?). Is there ANY WAY for
software publisher to enjoy the same freedom under OGL? I.e. without being
forced to give 100% for free as OpenSource and 0% as PI? Anything to "clearly
identify" - separating OGC files in folders, displaying OGC notices, providing
filelists, anything at all? If your professional opinion is that OGL can't offer
ANY alternative - then FiveStat guys are just right. If such simple thing as
separating PI (for example: code) and OGC (data) in software is not possible
under current OGL, then OGL is over-restrictive and software anticompetitive
license.

- Max

P.S.
> what you do, as long as you comply with the OGL.  The 3rd parties care
> because they don't really want to give you free software - they want to
> use Open Game Content to create a non-free software product that they
> can sell you along with a license that restricts your rights to copy,
> modify and distribute that software.

Lets have one thing very clear here. "3rd parties don't really want to give you
free software" is just as correct statement as "WotC don't really want to give
you free books". To the best of my knowledge there is 0 paper-based publishers
who offers you 100% complete and free copies of their sourcebooks. So far
everything discussed here about software is just about how to get at least same
options for software publishers as the options available to paper-based
publishers. If this is impossible under current OGL, then the fault is not with
3rd parties (which simply are playing by same rules as everyone else) but with
the license, which deliberately or incidentally discriminated against WIDE range
of products.

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