Jonathan Thompson wrote:

>Personally, I was under the opinion (and you can take that for what its
>worth) that WotC didn't have to follow the rules of convention for the OGL?
>
Nope. If they use other people's OGC, they have to follow the rules. The 
DON'T have to follow the rules for their own material, because they 
don't derive from the SRD, technically speaking.

And, of course, S&S has the right to license their own material to be 
used by WOTC outside the bounds of the OGL, as does any other publisher. 
But my understanding (haven't seen MM2 yet) is that this isn't what 
happened, that the monsters were published as open content.

>


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