This is not a publisher/author thing, this is a legal matter, WotC has made the license, WotC has the copyright of the license and guess what? They can modify the license anytime they see fit, that was the flamed debate that went over when they made license version 1.0a.
on the WotC website, in the OGL FAq one can find this:
Q: What is "Open Game Content"?
A: Open Game Content is any material that is distributed using the Open Game License clearly identified by the publisher as Open Game Content. Furthermore, any material that is derived from Open Game Content automatically becomes Open Game Content as well.
and this:
Q: What does "clearly identified" mean?
A: It means that the publisher has a burden to use some system to identify Open Game Content to any recipient of that content. Systems which have been used by some publishers include placing Open Game Content in shaded boxes, using a different font, italicizing or bolding the Open Game Content, and segregating all the Open Game Content into specifically designated chapters or appendixes. Some publishers have released documents that are identified as being comprised completely of Open Game Content.
"Clearly identified" means that the system should pass the "reasonable person" test; meaning that a reasonable person should be able to determine what portions of a given work are Open Game Content, and which portions are not. If you can't figure out what parts of a given work are Open Game Content, provided you exert a reasonable effort to read and apply the instructions for identification provided by the publisher, then the material isn't Clearly Identified.
This also applies to software. A reasonable person should be able to look at a piece of software and find and understand the Open Content. WeÍll make a slight allowance that they may have to take a little more time to understand some things, but they should be able to see and understand all Open Content. See the Software FAQ for more details.
And there is teh base for Monte's crippled content too:
Q: Can a work be derived from both Open Game Content and Product Identity?
A: Yes, but since the Open Game License only gives you the right to copy, modify and distribute Open Game Content, unless you had a separate license from whomever owned the Product Identity, you cannot legally copy or distribute a work that contained such material without a separate agreement from the owners of the Product Identity.
On your idea of making it Open after the pdf and never it, that is impossible, Uk, once it is made open, all stances of it are:
Q: If I identify something as Product Identity, then in the future I distribute that material as Open Game Content, does the material become Open Game Content?
A: Yes. By doing so, you will be relinquishing your claim that the material should be considered Product Identity.
Anything that is derivative of the SRD in one way or another (using stat blocks, saves, listing levels, and the like is bound to be OGC, I can even say that if you do not want to make it happen i can buy the pdf, copy it to a word file, take out all product identities as stated in the OGL, or just change most of the names, and republish it, you could want to take me to court, but you broke the license in your side, I would be following on mine.
I hope you really seek a copyright lawyer before doing this release, Uk, because I doubt you can handle the legal issues involved here, besides, your lawyer should read the D20 and OGL licenses along with a lot of things on them by WotC and the message boards relating it and the yahoo group of those, he would be surprised to know that it is hard to have any game mechanics out of the license.
You guys do have a defensible idea of your points, but they do not stand against the expanded position of WotC and the debates that have been goig for ages on those licenses, so that is a problem.
I did not take offense on the twisting of words, I read everything here as the most civil post it could possibly be, and I hope peope do the same with me too!
Another note, using the d20 logo carries other burdens beyond the OGL use (which comes with the SRD) has, it allows one to reference the PHB, MM, DMG, Psionics, d20 modern books, though, and it requires clear state of requiring the core rules to be used.
Using a d20 logo on your book can do wonders for it, though, most people would never know if your product is a new system or a "d20" compatible one, even though the SRD is compatible with the "D20" it is not easy to state that link.
As I said, I can go long ways with this...
