On Thu, 24 Jan 2002, Sixten Otto wrote: > 2. Product Identity > > One of the biggest problems in reproducing OGC is the need to avoid > reproducing Product Identity. Identifying the Identity, however, is often > not an easy task. The OGL FAQ on the Wizards site states that PI must be > clearly identified, but as Matt Staroscik (of Privateer Press) pointed out > to me the other day, one could argue that the actual license does not make > such a statement. It says this: > > >"Product Identity" means product and product line names, logos and > >identifying marks including [a long list of specific kinds of things]; and > >any other trademark or registered trademark clearly identified as Product > >identity by the owner of the Product Identity, and which specifically > >excludes the Open Game Content > > I guess the issue is how firmly the semicolon there separates the parts of > the definition. Is it: > a) PI is anything on this list or not, that you identify, or > b) PI is anything on this list, or that you identify? > (Am I just being obtuse about this?)
PI is any of the following three types of items: 1)product & product line names, 2) logos & identifying marks, and 3)other trademarks or registered tradmarks that are clearly identified as PI. The semi-colon seems to throw many people, but it simply indicates that close of one list of items (what can be identifying marks) which is itself inside a larger list and the resumption of that larger list (what can be claimed as PI). I find it easier to read by just removing the description of what can be considered as identifying marks - the semi-colon then returns to being a regular comma between item 2 & 3 in the list of what can be claimed as PI. So PI must be BOTH clearly identified AND must fit into one of those three categories. Anyone claiming that PI doesn't need to be clearly identified is simply wrong. The long list of specific kinds of things is a description of what can be considered as identifying marks. Both Clark & I (two people with law degrees - he's a practicing attorney, I am not) have stated that the descriptive list is exhaustive (i.e. those are the only types of things that can be identifying marks) due to the closed nature of the language used. alec _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
