[Ogf-l] Prior Art and PI

[Githianki]

This refers back a few threads (PI creatures). [[[Quote Martin explaining OGC content: > >(d)"Open Game Content" means the game mechanic and includes the > >methods, procedures, processes and > >routines to the extent such content does not embody the Product > >Identity and is an enhancement over the prior art i.e., if new material is an enhancement over prior art, it MUST be OGC, whether the creator wishes it to be so or not. ]]]End Quote. I disagree.  To me the phrase "and is an enhancement over prior art" only applies to the material which is described right before, namely "the game mechanic".."routines".  Therefore, material which does not fall under that description but might also be an enhancement over prior art does not have to be OGC but can be. Only material which falls under the description of materials preceding the phrase must be OGC. Furthermore the D20 and naked licenses thread ended up dragging in PI and prior art in a manner that to me completely misinterpreted the OGL.  Nowhere in the definition of PI is mention made of the phrase prior art.  Whether something is based on prior art or not has no effect on whether something can be PI'ed or not, unless the material happens to fall under the very specific definition of OGC material based on prior art, in which case it must be OGC. Of course that has nothing to do with defensibility as original material. This says to me that, the fact that something is based on prior art really has no bearing on claims of the validity of PI, etc. or even whether that material is valid OGC.  The sole exception is for "rules" material, and even that only has to be OGC if it is an enhancement over prior art. Correct me if I am wrong but prior art can refer to material which is public domain as well as copyrighted material. Therefore restrictions on whether material is based on prior art or not, for purposes of OGL definitions, in most cases would result in benefits of limited value. I mean prior art could include your own material, and you wouldn't want to have to include or exclude it would you? In other words I read the definition of OGC like this: Open Game Content   means I. The game mechanic and includes the methods, procedures, processes and routines to the extent such content:       1) does not embody the Product Identity and       2) is an enhancement over the prior art and II. Any additional content clearly identified as Open Game Content by the Contributor, and means III. Any work covered by this License, including translations and derivative works under copyright law, but IV. specifically excludes Product Identity. Like Martin I stumbled over III. but have come to understand it is a term of art simply meaning the work/material that is covered by the license, which is to say the OGC. Remember the OGL is a license for using the OGC and therefore it sets the terms for use of that OGC wherever it appears, even if it appears with non-OGC (non-open work).   I thought the rest of Martin's post was dead on (the last PI creatures thread I think). Anyway that is my reading of it. -Alex Silva