Just as I'm typing this, Ryan sent an emial confirming my exlpaintion. (I
think)
Just incase....
> > I don't think that is correct. Point #1 is simply a definition of
> > what product identity could be, nothing else. But all "spells" are
> > not product identity. Point #7 is in reference to trademarks, such
> > as the d20 logo trademark. I believe an item, such as a spell, must
> > be identified as "Product Identity" in order to be consider "product
> > identity".
>
> Well, I'm just using my basic English skills here. Perhaps
> someone could point out something I missed, but I'll state what
> I read:
>
> - Point #7 says "You agree not to Use any Product Identity"
True, but you must define what is "Product Identity" in your matrial, not
what isn't "Product Identity".
> - Point #1 defines the term "Product Identity", saying
> <begin definition>
> "Product Identity" means product and product line names, logos and
> identifying marks including trade dress; artifacts; creatures
> <... long list of other items ...>
> names and descriptions of characters, spells, enchantments,
> personalities, teams, personas, likenesses and special abilities;
> <... more items listed ...>
> and any other trademark or registered trademark clearly identified
> as Product Identity by the owner of the Product Identity;
> <end definition>
This is a definition of what COULD be trademarked, not what is "Product
Identity" by default.
> This seems perfectly straightforward to me. The items listed are
> all Product Identity. The license requires that you cannot use
> Product Identity in an OGL work. The term "use" is also clearly
> defined.
>
> None of the other points say have any clause that overrides
> the restriction of point #7 as far as I can tell. Thus, by the
> current wording, you cannot use other people's spell descriptions
> in your OGL work without an independent agreement.
> - John
>
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