> From: Doug Meerschaert [mailto:[EMAIL PROTECTED]]

> #1: Ryan, can we take your position as WotC's position

No.  I am no longer a representative of WotC in the sense that my
opinion has any legal weight.  On the other hand, WotC doesn't really
have a "position" on most of these matters because WotC, as an
organization, doesn't pay it any attention.  If and when they wanted to
have an opinion, they'd likely ask me for mine.

> #2: Regardless of the question to the above... given your stated 
> position as , is it EVER possible to distribute a program, with or 
> without the source code?  Possible examples:

Sure.  I've already said so explicitly.  There is absolutely nothing in
the OGL that relates to software at all.  The OGL is software neutral.
The problem isn't software, the problem is issues related to
distribution and additional licensing restrictions.  And those problems
aren't WotC problems - they're 3rd party problems.  WotC doesn't care
what you do, as long as you comply with the OGL.  The 3rd parties care
because they don't really want to give you free software - they want to
use Open Game Content to create a non-free software product that they
can sell you along with a license that restricts your rights to copy,
modify and distribute that software.  They have a problem because they
can't figure out how to both comply with the OGL, and add those
additional restrictions.

You could write a NeverWinter Nights clone right now based on the SRD
and the OGL, and release it to the world, and nothing WotC could do
could stop you.  The problem is that the whole work would be OGC (in my
opinion).  If that doesn't bother you, you don't have a problem.  On the
other hand, if you don't want your whole work to be freely copyable,
modifable, and distributable by every person who receives a copy, then
you have a problem.  Most people who have discussed software projects
here and other places related to the OGL chose to have this problem.  It
is a choice that the paper-based publishers don't have to face because
they can easily implement the clauses which define clearly identifying
Open Game Content, whereas the software guys have not shown an interest
in doing so in their unique medium.

> Bonus Question: I don't think this has been answered before, 
> but is an 
> Appendix of all the OGC in a work, and no other designation 
> of the OGC 
> wherever else it shows in the work, a suitable "clear 
> identification" of 
> OGC for the OGL?

Nope.  Any place OGC appears in a work, it must be clearly identified to
the recipient.  If OGC exists in the work, and nothing tells me where it
is or what it is, it isn't Clearly Identified.

Ryan
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