<<
Maybe I'm wrong, but I'd think that the big question is whether it can
reasonably be said that a print work and a CD-ROM packaged with it can
be declared, by the author, to be a single work if he so desires to
consider them a single work for the purposes of sales and law.  The
distinct types of media could potentially be construed as the items
constituting two separate works.
>>

A long while back, it was agreed that two items that are packaged
together and is intended to be sold as one item (like a book with a
cdrom in the back), are considered one work when it comes to the
d20stl/guide.  The example given was two books, one a setting book, and
the other including character creation rules.  The setting book has the
d20 logo on it but the character creation book does not.  If you
shrinkwrapped the two books together and sold them as one item, the
d20stl would apply to both books, therefore the product would be in
violation of the licence because a covered work can't include character
creation rules.  I'm sure this would apply to products under the OGL.

The "problem" that people saw with the appendix method is that the OGL
requires you (as per s.8) to clearly identify which portions of the work
are OGC.  If OGC appears in a section of the work not identified as OGC,
then you're in violation of the license.  It doesn't matter if that same
content has already been identified as OGC elsewhere in the work.

"8. Identification: If you distribute Open Game Content You must clearly
indicate which portions of the work that you are distributing are Open
Game Content."

--
Scott
Fantages Studios: http://www.fantages-studios.com

Publisher of Wrestle, the Fantages Game System and The Rya'mier Campaign
Setting
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