[Roger]

I think this is the relevant section of OGL1.0a:

1.(e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content;

(Emphasis in the above is my own.)

I'm not a lawyer or anything, but to me, that seems to indicate fairly clearly that "magical or supernatural abilities or effects" can be declared Product Identity.

I'll agree that it's not in keeping with the spirit of the OGL to do so.



Cheers,
Roger