once again joe you dont quote completely, heres 1e
. (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
its: AND any other trademark or registered trademark clearly identified....
But I guess one could say their including all the above so it would have to be tested in court
and on that not tested in court part,
(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
theres two parts to this the first part says game mechanics, methods and such are open game content, the second part goes on to say its ALSO ADDITIONAL content clearly identified by the contributor.
So you have it backwards on the tested in court bit. It would stand as is untill tested in court on the open game content.
And all that raving about ac, level and such, why yes I would use it, they are part of the game mechanics, methods, procedures and such. Theres nothing derivative about it. Game mechanics do not fall under derivative copyright law and theres nothing in the OGL that states otherwise. The epic level handbook wasnt released under the OGL so it doesnt have open game or PI declarations, so my use of the game mechanics in it would fall under normal copyright laws pertaining to games, meaning the game mechanics is public domain. But publishing my own epic level feats, spells and classes under the OGL would then apply to my work not the work not published under it. I simply cant use the verbatim words used in those books to describe the meaning of those terms because of copyright law. And it doesnt matter, if I publish something with the OGL, I do not have to use the SRD, and even if I did use the SRD theres nothing in the OGL that keeps me from taking the game mechanics in the Epic Level Handbook and publishing my own epic spells and feats and classes. KEY WORD, my own works.
With that I am bowing out of this thread as its way off topic now and partly my fault for taking joe's bait.
