<<Derivitive or not, it's bad form to make "rule text" (text that
describes a rule or game mechanic) Product Identity--and the more
closely your rule matches the SRD'd text, the more likely it's
derivitive and, form or not, you can't make it PI / non-OGC.
>>
The OGL specifically includes a line noting that rules materials can be defined as product identity, but that unless otherwise identified, rules are OGC --
"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity"
"to the extent that such content does not embody the Product Identity" basically implies that such content COULD embody Product Identity. Whether this type of PI merely requires PI designation or whether it requires something more is perhaps a matter for debate. But clearly the OGL anticipates such a possibility.
Lee
