[Open_Gaming] OGL Definitions confusing

[Githianki]

More to consider: In reviewing the defintions of Section 1 of the OGL, I have come to believe that they are incredibly off in some instances. For instance: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; <and> (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor Taken together they are a bit confusing, aren't they? Materials aren't contributed to the License they are released as Open Game Content under license.  And what exactly are "the associated products"? Shouldn't the word "the" be dropped there? Maybe it should read: (f) "Trademark" means the logos, names, mark, sign, motto, designs that are designated by a Contributor to identify itself or the products or the associated products contributed as Open Game Content by the Contributor. Of course this means that the definition still doesn't include trademarks that might have nothing to do with material contributed or self identification. The next "off-ness" is this pair: (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; <and> (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. Derivative Material as defined does not smoothly fit into the second definition, mainly because of the use of "derivative works" in the definiton of Derivative Material.  It is a bit circular. Also if you insert this definition where it is used in Section 7 you will find that (g) throws it all off because how can it (as defined) apply to the "Use" of Product Identity.   We all know what the intent is but the language doesn't work because (g) refers to Open Game Content and Section 7 is talking about Product Identity.   Play around with it and you will see what I mean. Finally, we have the definition of Product Identity should read as follows to keep the intent clear:  [changes bold=added  underlined=deleted] (e) "Product Identity" means any [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 trademarks or registered trademarks;] clearly identified as Product Iidentity by the owner of the Product Identity, and which specifically excludes the Open Game Content; I think this is a bit more clear on the intent of the definition.  NOTE: The OGL doesn't require marking anything as PI nor does it say where PI must be defined.  In fact the d20 licenses have terms which are defined as PI though they are not included in OGC content.  This means that there may be tons of PI that a User of the OGL may not even be aware of.  this is a major loophole/shortcoming. -Alex Silva