At 02:58 PM 1/16/2003 -0500, [EMAIL PROTECTED] wrote:
Were this a requirement you couldn't mix PI and OGC. The only way to detect the PI in an OGC chapter is to have a separate description (the OGC designation) in front of you, looking to see what is and is not PI.Technically there is no requirement that you clearly mark your PI.
Aside from that, there is no PI outside of OGC. PI is a term defined in the OGL. The OGL tells you how to work with OGC. PI is a subtype of OGC that is CLOSED. Once you understand the zen of this you will be on your way to enlightenment, grasshopper.
Then almost any product that doesn't put it's PI in a different font, box, etc. would be in violation, because you are claiming that it's somehow not clear unless you can tell by reading the text "in line" as opposed to comparing it to a laundry list of items on a separate OGC declaration page.PI is OGC. It can ride in the OGC box with the rest of the OGC. The catch is that just because something is in an OGC does not mean it is OPEN. (See above about the there being no requirement that PI be clear.)
Suppose I declare MNM as PI. I can then create MNM's Deadly Spell and declare my entire work OGC. You, as a user of my OGC cannot use "MNM" in your work because I've declared it PI. You could duplicate the spell text though with a different name and use it in your work.
The license requires that the OGC be clearly defined, not that said definition needs to be something that one could memorize or that it needs to be at all concise.There is a reasonable expectation that anything that is "clear" is also simple or concise.
While the following sentence would be, per se "clear", I'd hate to read it: "The 1st through 14th words of the first paragraph on page 72 are open gaming content. The 21st through 29th words in that paragraph are also open gaming content. All other words in that paragraph are considered product identity."This does not work unless the other words in the paragraph are allowed to be PI. Only proper nouns, themes and plots are allowed to be PI. You cannot declare the How to Use This Book section of your book as PI unless you are claiming that such a section is a plot or theme.
If anything, an appendix or a CD-ROM that extracted the OGC content and sifted out the PI would be fantastically more user-friendly for the end user to use. I don't think I would argue that one is particularly unclear or in violation of the license for being unclear.Just because it is more user-friendly does not mean that it adheres to the license.
So I think there's a distinction between clarity (i.e., a lack of ambiguity), which the license does require, and a concise, user-friendly declaration (which the license doesn't require).
Yep.
But I don't agree that having a concise OGC designation that your customer can memorize is a requirement under the OGL.Depends on which side of the bed the judge wakes up on that morning when it comes up in court if your definition disagrees with Wizards' definition really.
IANAL. TINLA.
Joe Mucchiello
Throwing Dice Games.
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