>>>
(1):  The OGL requires that you "clearly identify" the portions of the
work which are Open Game Content.  This is a challenge if the work is a
compiled binary; you may not know or be able to clearly identify which
bits are actually OGC and which are not.  This issue is partially
related to #2, below, becuase the OGC portion of your work may be
substantially larger than you suspect.
>>>

Wouldn't simply stating that the entire content of the distributed software
was Open Content count as clearly identfiying it? That's essentially what
Green Ronin did with "Death in Freeport". Then couldn't the company simply
identify the proper names of creatures, spells, places, and so on as Product
Identity, thus preventing someone from simply copying their software
verbatim and selling it themselves. Likewise, most publishers state that
logos and art in their work is PI; thus a potential copy-cat would also need
to strip out the graphics that comes with the software and supply their own.

Thus, it seems to me that a software developer could make up a completely
Open Content computer game; PI proper names and graphics, then sell the
software. I take it the developer's worry now is that someone buys a copy of
their software, adds one line of text somewhere, updates the OGL then
releases their own version of it at a substnatially reduced price.

However, if the developer does not need to actually distribute the source
code then the privateer needs to decompile the whole thing, change all
references to PI'ed names and text (I suppsoe the developer could identify
blocks of purely descriptive text as PI, lots of paper publishers seem to be
doing that), replace all graphics images, then re-compile the material and
sell it to those willing to purchase a reduced price version of the software
with lower production qualities.

Even if the developer had to release the source code along with the compiled
code privateers would still have to make all the changes above and, by the
time they got something halfway decent out the software might be in the
bargain bins anyway. Software has a pretty bad shelf life unless its a
runaway hit after all.


-Steven Palmer Peterson
www.Second-World-Simulations.com

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