> kevin kenan
>
> If a spell, monster, name, etc. appears in a section designated
> as OGC, but
> also appears in the list of PI, then it is closed.
I don't agree with this analysis. This is a simple breach because the
material is doubly-marked.
In order to be PI, it must be something described in 1e and it must be
clearly marked as such. Items which are not similar to those described in
1e may not be PI. Items which ARE similar to those described in 1e MAY be
OGC if clearly marked, or PI if clearly marked, but the license no longer
has a 'default state' for such material. All items similar to those
described in the first part of 1(d) ARE OGC whether specifically marked or
not, and any other content MAY be OGC if it is marked as OGC and not
specifically marked as PI. There is no provision for double-marked
material.
"Open Game Content" from 1(d):
means game mechanic <which> does not embody the Product Identity
-AND-
any work covered by this License ... but specifically excludes Product
Identity
Combined with:
"Product Identity" from 1(e):
means product <and is> clearly identified as Product identity
-AND-
specifically excludes the Open Game Content
Means:
All material listed in 1e must be clearly marked as either PI or OGC.
Material described in 1d is OGC whether marked or not, but may not be PI.
Failure to do either of these is a breach.
-Brad
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