This definition by Lee, I think is fairly complete in defining that such a thing exists. The closed content is simply the stuff that is not part of the "defined/covered work" -- which may or may not be different from what the US Copyright office usually defines as a "Work."
It's my belief that the OGL clearly defines that a "covered work" constitutes what has been indicated as OGC/PI and nothing more.
Actually, it seems to me that if you take this tack (reconciling the two parts of clause 1(d) by asserting that the license doesn't apply to "regular" closed content), you're where Alec ended up a year or two ago: the license only applies to OGC, and thus can only apply to PI if PI is a subset of OGC. Or maybe it doesn't apply to PI at all, which would be silly, but logically consistent with clause 1(d) (if logically inconsistent with several other clauses and sections).
So when you take a book, and declare all stat blocks as OGC, and all names as PI, you have essentially created a definition of the "covered work" -- a new, slightly different term of the art, defined by the OGL itself.
The "Work" as defined by US Copyright now contains 3 types of content, OGC, PI, and stuff not covered by the OGL (ie, closed content).
The "covered work" as defined by the OGL consists solely of the OGC & PI defined above (stats and names) and is completely mute on the remaining text, art, etc.
Its my personal belief that is essentially describes what most publisher believe, if however in a much more complicated manor. Additionally, I don't think it's necessary to actually indicate what exactly the "covered work" is, because IMHO it is defined quite clearly as whatever has been marked as OGC/PI.
In which case i can use PI, so long as i use it outside of the portions of my work defined as OGC or PI. (The trademark compatibility/coadaptability restriction is still in force, because i'm forbidden from using it "in conjuction with", not merely in, a covered work).
--
woodelf <*>
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