Several days ago, I brought up the question about collapsing Section 15
entries.  Here is what one of the DnDCC/FANCC (for info on this name
change, go here: http://www.dndcommunitycouncil.org/why.asp ) members
posited:
=====
                                                                           
                                                                           
                                                                           
                                                                           
                                      Which is correct?  Must we use       
                                                                           
                                      Item A, Copyright 2001 by            
                                      Contributor Blah                     
                                      Item B, Copyright 2001 by            
                                      Contributor Blah                     
                                                                           
                                      or can we use                        
                                                                           
                                      Items A and B, Copyright 2001 by     
                                      Contributor Blah                     
                                                                           
                                      I have posted this to the OGL-F      
                                      boards and had two response (neither 
                                      of which was Ryan [Dancey]) and both 
                                      indicated that we needed the two     
                                      separate entries.  Can we collapse   
                                      them or not?]                        
                                                                           
                                      The following is the text of my      
                                      reply, but what it really comes down 
                                      to is "how does the PA work in this  
                                      regard?"                             
                                      ----------                           
                                      In some ways, it's "six of one, half 
                                      a dozen of the other."               
                                                                           
                                      For sake of simplicity, I would say  
                                      collapsing is better and is in the   
                                      correct spirit of the OGL... BUT...  
                                                                           
                                      If you go by the strictest letter of 
                                      the OGL, you could argue that you    
                                      can only do this for things that     
                                      were actually submitted in the same  
                                      document, since in theory, our       
                                      Section 15 must contemplate the      
                                      section 15 of each individual        
                                      submission.  However, let's look     
                                      real quick at how the submission     
                                      process works.                       
                                                                           
                                      It is noted that you need not repeat 
                                      the same source multiple times       
                                      (e.g., if I use three sources, all   
                                      of which must list the SRD, I don't  
                                      have to list the SRD three times,    
                                      but instead list it just once in my  
                                      Section 15).  If one assumes that    
                                      each submission is not a separate    
                                      work, but an addendum to previously  
                                      published work (e.g., my submission  
                                      is added to the work "Stuff          
                                      Submitted By The Sigil"), then you   
                                      need not repeat the copyright notice 
                                      for each item a person submits -     
                                      just once per person, in the same    
                                      way that you need not list the SRD   
                                      three times.                         
                                                                           
                                      Since submitting something to us is  
                                      best characterized as "adding to the 
                                      volume of work published under the   
                                      Permission Agreement" I think we are 
                                      okay in the letter of the law, too,  
                                      by the nature of our submissions     
                                      process.  Each submission (after the 
                                      first) is added to a body of work as 
                                      part of that body of work and not as 
                                      a new part.  It works in much the    
                                      same way that errata becomes part of 
                                      the original single work.  You don't 
                                      need to list (1) SRD and (2) errata  
                                      for SRD published on <date>.  Just   
                                      the SRD.  Note also that the errata  
                                      does not have to reprint the entire  
                                      SRD, but rather just says, "add or   
                                      replace these pieces."               
                                                                           
                                      Basically, it comes down to the PA   
                                      system.  One PA for all submissions  
                                      means all submissions are published  
                                      in the same "document" and released  
                                      to us under that one PA.  If each    
                                      submission was a separate            
                                      publication, we would require a      
                                      separate PA for each and every       
                                      submission.                          
                                                                           
                                      I would wait for an official answer, 
                                      but my guess is that it's within the 
                                      spirit of the OGL and within the     
                                      letter of the law as far as our      
                                      submissions process goes to collapse 
                                      it, but the strictest "letter of the 
                                      law" interpretation may be that we   
                                      have an individual entry for each    
                                      one unless they were submitted       
                                      together.  Again, if we treat our    
                                      submissions as "addendums" to the    
                                      person's existing body of work, we   
                                      can combine.  If each submission is  
                                      its own separate publication, we     
                                      have to do everything one line at a  
                                      time.                                
                                                                           
                                      My advice:                           
                                                                           
                                      Combine them for now - if we get a   
                                      notice from WotC's legal beagles, we 
                                      can always expand them back out, but 
                                      I think we are well within the       
                                      strictures OGL to do the collapse in 
                                      this manner, so long as we see       
                                      submissions as "adding to a body of  
                                      work" instead of "each submission    
                                      being its own publication".  And I   
                                      think, given that we require only    
                                      one PA for *all* submissions,        
                                      present and future, that this (i.e., 
                                      adding to an existing work with each 
                                      submission instead of creating a new 
                                      one) is the correct interpretation.  
                                      If we required a PA for each entry,  
                                      each submission would be its own     
                                      publication.                         
                                                                           
                                      Disclaimer: IANAL.                   
                                                                           
                                      --The Sigil                          
                                                                           
                                      P.S. - The more I see of the OGL     
                                      process and the potential headaches, 
                                      the more I am amazed at the power    
                                      and flexibility of the PA system we  
                                      have in place.  People can complain  
                                      that it's a pain in the neck to send 
                                      the thing in (I don't know why,      
                                      though, I process EVERY one people   
                                      send in), but time and again it has  
                                      shown its durability and that it is  
                                      one of the few documents that really 
                                      allows great freedom to both the     
                                      individual contributor and the       
                                      DnDCC/FaNCC teams.  This document is 
                                      probably the single-most important   
                                      and under-appreciated document this  
                                      organization has produced (more      
                                      important than the Netbooks).        
                                                                           
                                                                           



=====

So, what do people think of his comments?

BTW, I got his permission to forward his comments to this group to,
hopefully, get some discussion going

Paul W. King

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