At 03:50 PM 1/29/03 -0800, Mike Kletch wrote:
The license says you must clearly indicate what IS OGC.  You may not designate
what is NOT OGC, not may you specify parameters by which one might determine
for themselves what is OGC.  Section 8 means that the line "The following
material is OGC" must appear every time that you begin a section with OGC, and
you must clearly state where that section ends.  "Do this" does not mean "Do
this other thing that soft of maybe accomplishes the same thing".  The
instructions are there on the page/screen.
Surely this is a bit overboard? The license states that you must clearly indicate OGC, true, but it does not go nearly as far as you indicate here. Even the "6-year-old with a highlighter" test, which I think most of us will agree is more stringent than the "reasonable person" test the courts would likely apply, includes methods of designation that you would exclude.

How can you argue that methods such as:
- indicia at the bottom of each page that is OGC,
- bordered/patterned/shaded boxes around OGC,
- specialized type styles, or
- a list of chapters/page numbers/sections which are OGC
do not meet the license's requirement of "clear identification?"

Or, to pick the most basic counterexample I can think of, how does this not comply?
"The entire contents of this book, except for pages i - ix, and the inside and outside covers, is Open Game Content."

Sixten

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