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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="Morrus" data-source="post: 7789103" data-attributes="member: 1"><p>You're definitely confusing terms here. What you've Googled is just a common English usage of the phrase "product identity" akin to "brand identity".</p><p></p><p>In the context we're discussing this, "Product Identity" is a specific thing created by and defined in the OGL. The OGL <a href="http://open%20gamng%20lcense%20text" target="_blank">specifically lists what is PI in its text</a>. The OGL divides a work into "Open Game Content" and "Product Identity".</p><p></p><p>1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. <strong>(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;</strong> (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement.</p><p></p><p></p><p></p><p>Again, the OGL itself addresses this in its own text.</p><p></p><p>"4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a <strong>perpetual,</strong> worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.</p><p></p><p>13 Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License."</p><p></p><p>It defines the "Consideration" (what you pay) as the act of agreeing to use the license. I don't know if that technically can constutute consideration, but one of the lawyers here can speak to that better than I. But if so, the license is perpetual; it can't be taken back. If I license "EN World" to you perpetually for a dollar, I can't change my mind later if you've paid me the dollar; you have those licensed rights perpetually. The question people might raise here is whether agreeing to a license counts as having 'paid' (consideration), as something of value needs to be exchanged.</p></blockquote><p></p>
[QUOTE="Morrus, post: 7789103, member: 1"] You're definitely confusing terms here. What you've Googled is just a common English usage of the phrase "product identity" akin to "brand identity". In the context we're discussing this, "Product Identity" is a specific thing created by and defined in the OGL. The OGL [URL='http://open%20gamng%20lcense%20text']specifically lists what is PI in its text[/URL]. The OGL divides a work into "Open Game Content" and "Product Identity". 1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. [B](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;[/B] (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement. Again, the OGL itself addresses this in its own text. "4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a [B]perpetual,[/B] worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content. 13 Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License." It defines the "Consideration" (what you pay) as the act of agreeing to use the license. I don't know if that technically can constutute consideration, but one of the lawyers here can speak to that better than I. But if so, the license is perpetual; it can't be taken back. If I license "EN World" to you perpetually for a dollar, I can't change my mind later if you've paid me the dollar; you have those licensed rights perpetually. The question people might raise here is whether agreeing to a license counts as having 'paid' (consideration), as something of value needs to be exchanged. [/QUOTE]
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