--- [EMAIL PROTECTED] wrote: > However, there's nothing saying explicitly that PI > has to be declared by anyone in particular. I was > thinking that you had to be a party to the contract > to declare PI, but then I asked myself this > question: can a third party beneficiary declare PI > without actually being a party to the contract > or an assignee.
Like I told you on RPG.net (and I really don't want to se this whole thing explode again), if you read the definition of what constitutes product identity in the OGL it goes beyond just a declaration of your individual PI in a product. >From the definitions section of the OGL: "'Product Identity' means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content" It includes declarations of PI from other game producers, but it also means so much more. Particularly when taken in conjuction with Section 7 (Use of Product Identity): "You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity." The emphasis should be put on "You agree not to use any product Identity" as all of the rest is just icing. _______________________________________________ Ogf-l mailing list Ogf-l@mail.opengamingfoundation.org http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
