----- Original Message -----
Sent: Monday, April 12, 2004 3:05 AM

 
<snip>

The third type of content is OUTSIDE the covered work, not INSIDE the covered work.  Can a book contain 3 types of stuff: plain copyrighted, OGC, and PI?  Sure.  Will that book be "the covered work"?  No.  Some portion of the book (which itself could be defined as a stand-alone work) would be the covered work in that case, and the third type of content would be outside the scope of the license.

If you accept that reading, some extremely bizarre things can happen to some of the restrictions, prohibitions, etc. of the OGL _and_ the d20 STL.
 
<snip>
I'm confused again now, Lee. Don't the people that talk about "closed content" define it as:
 
"That part of the work in an OGLed document that isn't OGC or PI. And is therefore not affected by the OGL (but is covered by standard copyright law)."
 
So isn't their infered definition (of the third type of content) legally identical to yours?
 
It sounds like the only *possible* difference between what you say and they say, is that some people might be thinking that:
 
"Closed content" is *in* the work (as defined by the OGL) but not covered by the OGL.
 
But other people are thinking that:
 
"Closed content" is *not in* the work (as defined by the OGL) and therefore not covered by the OGL.
 
As far as I can see these are legally identical as both of them end up as things that are not covered. Both definitions would leave you with text that was covered by standard copyright law (or IP law and other relevant stuff if it applies) but not covered by the OGL. This is like one person saying "-1+1=0" and someone else saying "1+ (-1)=0" (both ways of adding these two up leave you with zero effect).
 
Is the point you are trying to get through to us that both of these things are *not* legally identical if *reused* by someone else? (I understand that the someone else would, obviously, also have to be using OGC (or licenced PI) from the first persons work for the OGL to be involved in some way. Only then would the two definitions of the third type of content to be important. Am I right, or am I barking up the wrong tree?)
 
David S
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