On Sun, 16 Dec 2001, Martin L. Shoemaker wrote:

> I think that declaring the names as PI as a precaution makes a certain sort
> of sense, particularly because it protects you in case you forget and use
> the name in OGC. I think some have argued against needless PI declarations,
> but I don't remember the reasons.

Well, you mentioned my argument in your previous post Martin: that there
is a very strong logical argument (which therefore is also legal argument)
that nothing outside what has been declared as OGC can be declared as PI
based upon the language of the OGL.  So needlessly declaring things that
never appear in OGC as PI does 2 things: 1) continues to confuse the issue
of the use of PI as defined by the license & 2) provides no real PI
protection under the license.

That said, I really don't consider the needless claiming of PI for very
specific items (such as names) to be as harmful as needless claiming of PI
for broad generic concepts (such as "story elements").  If each specific
name is then listed in the declaration of PI (and this doesn't necessarily
require that each individual name be individually listed in the PI
declaration.  But if some names are PI & some are OGC, as proposed in the
start of this thread, something must be done to distinguish between the
two types of names - and that may require individually listing each PI
name), it's more like the author is being overly cautious (or lazy) just
in case the name appears in an OGC block even though the author didn't
intend to ever include it in OGC.

This can be done for the more generic types of material (stories,
storylines, thematic elements, etc.) that can be claimed as PI as well, by
specifically identifying the plot/storyline/themes that the author is
concerned about - rather than just declaring PI by copying the list from
the OGL itself.  Generally all it requires is taking the generic term and
adding modifiers: "all stories related to the world of XYZ are PI" for
example.  But when a work says entire chapters are OGC and then includes
in the declaration of PI that all fiction is PI (the Sovereign Stone
Campaign Sourcebook does this) I think it creates a mess.  Basically the
entire work is fiction, but clearly that is not what was meant by the
declaration by including fiction in the declaration of PI.

alec


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