I can see what you are saying but it's my understanding that only OGC has to be clearly marked, anything else not in that declaration or showing up on the PI definitions list is PI unless it is specifically released as OGC. Is that understanding not correct? Maybe my caution has clouded my interpretation of the OGL. If it's not listed in the OGC declarations I don't touch it.
You've run afoul of the "secret" 3rd sort of content in a work covered by the WotC OGL: closed content. The license is quite obtuse about this, but there are actually 3 sorts of content in a work governed by it: OGC, PI, and Everything Else. Anything not declared OGC or PI is, by default, Everything Else. Which is governed by normal copyright/trademark/patent laws, for the most part (there are a couple more restrictions, such as against compatibility claims, but that's about it)--i.e., you can't automatically reuse it, as you can OGC, but neither are you automatically forbidden from using it, as you are PI.
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woodelf <*>
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