<< They aren't necessarily redistributing it. If they lose the PDF, the printed copy is still their legally purchased "fair use" copy and it does not clearly designate its OGC. >>
If they lose the original, that is their problem. What an end user does after he gets it has no bearing on whether the publisher will be liable. << When you bring the case to trial, will the lawyer be entering a notebook computer as evidence to show that the image is properly designated. After all, his case kind of falls apart if he enters the PDF into evidence in printed form. >> Sure, the lawyer can enter it into evidence, though (I'm not sure about US law), in Canada, the creator (or someone who has intimate knowledge of the creation) of the document has to testify as to how it was created, before it can be accepted. What I don't see, is why a PDF would be worth less than a paper document. Evidence is anything that provides information on the facts, or the issues. << But, I am not a lawyer either so I don't know diddley about rules-of-evidence. >> In that case you should refrain from giving what may seem like a legal opinion. << I guarentee though: if you put 10 people in front of a computer and ask them about the artwork in a 100+ page PDF, at least 3 of them are going to ask for a printed copy to look over. 1 in 100 of them may decline to look through the computer copy even if you want to pay him. I write computer programs, I know a bit about user habits. There are those who prints 1-line emails rather than read them on the computer screen. >> Which means nothing when it comes to the clear identification of Open Game Content. The publisher distributes content in a particular medium, which within the bounds of the medium, Open Game Content has been identified clearly. The end user chooses to view the content in a different medium. That is the end user's choice, not a responsibility of the publisher to know every possible transformation the work may take from the time the End User recieves it to the time where the End User actually views the work. The publisher is only responsible for the original distribution. After that, it is the End User's responsibility to maintain anything that doesn't get pulled over in the translation. The point: It does not matter what the End User's habits are as long as the content was identified in the original distribution. -- Korath, Fantages Studios: http://wind.prohosting.com/fantages/ "He was already dead, he died a year ago, the moment he touched her. They're all dead, they just don't know it." --Eric Draven, The Crow _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
