--- Clark Peterson <[EMAIL PROTECTED]> wrote:
> However, I dont want to say you can never refer to
> an outside source.  I think you can refer to an
> outside source as long as it is free and available
to
> everyone, like the SRD.
> 
> This could be, IMHO (though Alec disagrees), a
> sufficient OGC designation:
> 
> "All content contained in this product that is
> contained in the System Reference Document is hereby
> designated as Open Game Content pursuant to the Open
> Game License."

Clark's right that I disagree, but I just wanted to
explain why, and why my disagreement apparently isn't
that important.

I think that if XYZ use an OGC designation like the
above and the original OGC publishers doesn't consider
it acceptable, and if XYZ end up in court arguing
about it, XYZ is likely to lose the argument. 
Requiring people to look through a large body of work
like the SRD and then compare that to every single
line/page in XYZ's work to see what is OGC in XYZ's
work seems fairly unclear.  I think all that would
need to be done to convince a judge or jury that it is
unclear is to randomly choose 5 pages from XYZ's work,
give them to the judge or jury along with the complete
SRD and ask them to figure out what is OGC on those 5
pages of XYZ's work.  Remember the requirement of
clearly identifying OGC is not solely about making it
re-useable.  In fact it is primarily about identifying
which parts of a work that the author of that work
doesn't actually have a full (or perhaps any)
copyright interest in.

Now as for why my disagreement appears to be
unimportant, at least as concerns the SRD & WotC. 
>From various reports on this list, a number of
publishers are doing something at least similar to
what Clark listed above.  So apparently WotC isn't
going to challenge such a declaration.  So while I
still think such a declaration wouldn't last through a
court challenge, if WotC isn't challenging it there's
really nothing to worry about.

alec

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