Dragon is licensing directly from WotC, if I'm not mistaken. Dragon
doesn't need to follow the OGL or d20 STL at all because it is getting
direct permission from WotC to use its open content AND PI.
Dragon has a number of advertisements and articles historically that use the OGL. Magazines are themselves works which contain other works. So technically the magazine as a whole may not be a "work covered by the license" but individual ads and articles may be, by themselves, "works covered by the license". However, WotC FAQ says if you distribute things like this (bundled somehow) then the OGL extends to the bundle instead of the covered work (I do NOT agree with this interpretation). But if this is true, by their own logic, then every Dragon with a single OGL'd ad (Mutants and Masterminds did this a lot), etc. makes the whole Dragon a "work covered by the license" and potentially makes everything in the "work covered by the license" OGC if it hasn't been declared as PI. Clearly, this is not what is happening. Only individual articles are "works covered by the license", not the entire magazine, and WotC's FAQ file question on bundled goods is full of crap.
They were foolish to make that comment about the way bundled items and collections work and then have individual OGL covered ads in their magazine.
Lee
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