On Thu, 24 Jan 2002, Damian wrote:

> From: "Alec A. Burkhardt" <[EMAIL PROTECTED]>
> > 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.
>
> Also note that Ryan (and by extrapolation, we can assume the Wizards' legal
> team) have said he believes it to be merely non-exclusive.  Not that I have
> any idea who's right.....just that the guys with the briefcases see it the
> other way.

Whoops, I actually meant to include the statement that Ryan has once
stated that he thought the list was non-exhaustive.  Must have forgotten
to finish up when I edited something earlier in the post.

However, I would not extrapolate such an opinion to the lawyers at WotC as
the language is pretty clear that the list is exhaustive.  Legally if you
want something to be non-exhaustive you need to include language to that
affect.  Plus the single time Ryan said anything could be PI, he was
actually trying to make an entirely different point - as he pointed out
after Clark & I explained the language issue.

alec

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