Re: [Ogf-l] OGC/PI designations

[Doug Meerschaert]

Mike Kletch wrote:

The license says you must clearly indicate what IS OGC.  You may not designate
what is NOT OGC, not may you specify parameters by which one might determine
for themselves what is OGC.

Of course you can. But it has to be clear--and "clear" probably means "self-contained and in the same langaugae as the rest of the work."

You can, for example, say "expenting the following, everything is OGC" and then list exemptions.

Section 8 means that the line "The following
material is OGC" must appear every time that you begin a section with OGC, and
you must clearly state where that section ends. "Do this" does not mean "Do
this other thing that soft of maybe accomplishes the same thing". The
instructions are there on the page/screen.

No. No, no, no no no, no no.

You need to "Clearly Indicate" what is and is not OGC. You can do this in any method you feel comfortable going before your peers, competitors, fans, judges, and juries, and saying "that is clear."

All it will take is one ruling in this direction from either Wizards or a
judge, and the whole house of cards collapses. Use the license as it requires,
or you will, in one, two, five or ten years, lose your property through
laziness or omission of proper details.

:) There's no clause saying Wizards has interpretive powers. Any such powers they have arise from their market domination and legal budget, not any special right.

The OGL is a well-crafted, interlocking set of rules, requirements and
instructions. Lots of legal mumbo-jumbo, but the concept is simple and solid.

Actually, the OGL is and always will be a hack to cover over a very ugly part of law--and even ignoring that, the copyleft concept has been hacked to allow "mixed works" (to borrow a term from the earliest OGL draft I saw.)

If you try to pull a fast one and try to be clever with the complexities of the
license, you will slip, and it will cost you.

Unfortunately, this only applies if someone with the wherewithal to take you to court not only notices, but decides to take you--and then succeeds.

Had I the power to change the industry, I would change it to make your statement true--but sadly, $0.37 doesn't get you far.

DM

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