At 16:40 -0500 1/16/03, Scott Broadbent wrote:
The counter-argument to this is that it does not specify *where* you must clearly indicate which portions are OGC. It does *not* say that you must clearly indicate which portions of the work are OGC within the work itself. Now, it is quite possible that the "reasonable person" test would demand this. But it is not a given. I continue to contend that having a statement within the work in question that makes it emminently clear how to find out what portions of the work are OGC is sufficient--even if part of that process references a separate portion of the work.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."
Part of the disagreement stems, i think, from interpretatinos of the goals of the WotC OGL. If the primary goal is to make OGC unmistakeable, than it is likely an interpretation that requires the OGC to somehow be marked "in place" would be upheld. This might still allow the meaning of that marking to be elsewhere. I.e., having all OGC in a different typeface makes it clearly something set apart when you are reading the text, whether or not you know *why* it is set apart, or what the funny typeface means. If, on the othre hand, the primary goal is to make OGC easily reusable, then it seems to me descriptive identification techniques, possibly even including distinctive typeface/-color/-size/-whatever might be held to be inadequate, or at least less adequate than a complete reproduction of OGC, free of any PI or non-open content. The "appendix" method is clearly the ideal technique *if* the primary goal is reuse--notice that WotC has chosen that technique as being the least-ambiguous method for *their* release of OGC.
--
woodelf <*>
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The Laws of Anime <http://www.abcb.com/laws/index.htm>:
#25 Law of Mandibular Proportionality
The size of a person's mouth is directly proportional to the volume at
which they are speaking or eating.
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