Mark said:
...being vague, or specific and wrong, can get you successfully sued, whereas being specific and correct is less likely to get you sued, and even less likely to get you successfully sued.
Ehh, no. As long as you are not making precise accusations, you aren't slandering any particular publisher's name so he can't sue. He isn't damaged. And I've seen publishers being very timid to badmouth a fellow publisher, I stand behind my assessment that this is unproffessional.
I don't understand from your example exactly what the problem is. You need to contact the publisher if you don't understand their designation. If the example said "(such and such)" is PI where "(such and such)" is clearly OGC, then I could understand but your example might just be an example of an unclear designation as opposed to trying to keep somethign closed that should be open. Two different things, IMO.
I do not maintain the omission is intentional, I do not believe that Kahn's Press was trying to keep the benefits for Evil characters (per level) as closed content. As you yourself said, however, the "spirit" in which they function is not relevant, what is relevant is the contract and how it is implemented. As it stands, the declaration doesn't declare said rules as OGC despite them Using the OGC, leaving their status undetermined.
I'm already reconsidering how I intend to release things and how I intend to designate content. There may be others thinking along similar lines.
I'm all for leading a Socratic life. Rethinking your actions is always good. Frankly, I'm surprised a free OGC extract wasn't on your mind as a possibility when you made your products. It's hardly a new concept.
If there is something I post that you do not understand, ask me to be more clear.
I'm sorry if I misinterperted you. It seemed to me that when you said "Stripmining the OGC from products isn't really about trying to help the original publisher. Let's drop that bit, please, as it seems
disingenuous, even if some few people actually want to believe it", you were implying that most (not "some few") of the people invovled in such efforts are are trying to de the opposite from helping the original publisher, under false pretenses. If that was not your intention, I apologize.