[Open_Gaming] OGL Definitions confusing?

[Githianki]

Hi Ryan, I understand you explanations for the other points I raised but this still seems off to me: > (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. >Section (b) defines "Derivative Material".� Section (g) uses that >definition.� It's not circular. >"Derivative Material" is a term defined within the OGL itself.� "Derivative >work" is a term defined in Title 17, the copyright statute.� "Derivative >Material" and "Derivative Work" are not necessarily the same thing (though >they are made so by the definition in (b).) > 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. >There is no mention of "Derivative Material" in Section 7. The derivative works part I get (hence the shrinkin) but take the second instance of the word Use in Section 7: 7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity... Substitute in the definition (g) from above and it seems confusing.  I know what the restriction is supposed to be (no use of PI without agreements) but (g) defines use as creation of Derivative Works of Open Game Content among other things.  The problem is the wording "and otherwise create".  It seems that (g) restricts the definition of "Use" to modification, etc. of Open Game Content only, and even though the intent of Section 7 is to apply the same restrictions to PI.  Do you see what I am getting at? Perhaps it is all terms of art? -Alex Silva