> woodelf
>
> it isn't necessarily a problem in the sense that it isn't necessarily
> a violation of the terms of the WotC OGL (you raise an excellent
> counter-example).  but, IMHO, it *is* a violation of the claim "100%
> OGC".

Ok, if that's what they say I'll buy that.

> i wasn't arguing that artwork must be PI.  rather, i was arguing that
> it "doesn't count" as derivative, for purposes of OGC.  based solely
> on the fact that the description of PI explicitly includes artwork,
> while the one for OGC doesn't.

Well, the definition of derivative comes from 1b (...in which an existing
work is recast, transformed, or adapted;) and 1e (...including translations
and derivative works under copyright law...)

Since OGC can be anything, it can be a description of a fictional creature.
If that description is "recast, transformed, or adapted" into a visual
representation of that creature, then the visual representation needs to be
distributed under the OGL.

> but, remember, i think this is a
> spurious argument.

So you are arguing for a point you think is wrong?  Why?

> i just suspect that such a (willful)
> misinterpretation of the license, combined with things labeling
> themselves as "100% Open" when the artwork is closed, has lead to
> people discounting the possibility, or maybe viability or
> desirability, of open artwork.

It might well be a problem for the artists or the publishers who want to
have custom illustrations.  Artwork can be quite expensive, and good artwork
is at least as valuable as a well-developed setting.  For those reasons OGC
artwork might no be useful to the community as a whole.  I hope there are
some exceptions.

-Brad

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