<<But
since it's in WotC's benefit for licensed work to have more OGC and not
less whenever anyone but WotC uses it, a court should rule ambiguities
in the favor of closing the content--that is, that where it isn't clear
that work is OGC, it isn't.
>>
While I don't know if that's airtight, I find that a particularly persuasive argument.
What I would say, however, is that if the court feels that you failed to declare your OGC and PI to their satisfaction (including failing to declare parts you should have), then with regards to the parts you should have declared you might be estopped by a court from collecting damages against a party who used some of your content that the court felt you should have declared.
That is not the same as the court declaring that your undeclared content is OGC, and I feel you've strongly argued a position against that likelihood.
Thanks for that input. Very valuable.
Lee
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