But would such rules MUST be declared OGC?Push come to shove, the only parts of the OGL that matter are the ones that someone is willing to go to court to enforce.
No one has shown any inkling to go to court to stop anyone from declaring non-derivitive rules as PI. Thus, they've become an "acceptable use."
Though, personally, I make it a point to buy as few products as I can that I have closed mechanics.
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