Michael Hahn
http://users.csionline.net/~silver
"Life is what happens in between plans."
----- Original Message -----
From: "Brad Thompson" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Sunday, June 03, 2001 2:18 PM
Subject: RE: [Ogf-l] SRD, Computer Junk, and Going Nuts...


> > Michael Hahn
> >
> > The way I would handle this, if I were to write a piece of software,
> > would be for a game, include an option on the main menu to "Display
Open
> > Gaming Content" which would do exactly that. If it were an
application,
> > I would do so in a splash screen. If I were distributing source
code, as
> > well as binaries, I'd also indicate through comments in the code
itself
> > anywhere the OGC could be found. I am pretty sure that this would
meet
> > the requirements of OGC being clearly indicated, but feel free to
point
> > out what I'm missing, if I am.
>
> If you imagine the binary document were something that one could read
like a
> book, then you will see that the compiler has placed lots of chapters
and
> lots of footnotes in that book based on what your source code told it
to do.
> What part of the OGL do those sections fall under?  Are the OGC?  No,
> because you don't have the right to make them OGC - they are licensed
as
> part of your development tools.  Once you have something in the binary
that
> isn't OGC you must "clearly indicate" that those portions are not OGC,
and
> you're back to the original problem.

Therein lies the rub. However, I don't consider, and I find it highly
unlikely that a court would consider binary opcodes used in binary
executables something that is even remotely human readable, and as such
would not be considered for extraction of information from. Consider a
complete listing of OGC were available in such a way that all but the
most computer-illiterate person could gain access, specified as a
complete listing of the OGC available in the product. How, then can a
person go rooting through the binary to find additional OGC?

The long and short of it is, compiled binaries should not, and IMO,
would not, in a court of law be considered the exact analog of a book
that can be read through. It can't and make any sense to a human reader.
Source code, on the other hand, would need to be marked as to were OGC
is being used.

Michael Hahn
http://users.csionline.net/~silver
"Life is what happens in between plans."

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