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<blockquote data-quote="pemerton" data-source="post: 8926319" data-attributes="member: 42582">Product identity is defined, both by a notice - there's a long list on the first page of the SRD that begins &quot;“The following items are designated Product Identity” - and by the terms of the contract:&quot;Product Identity&quot; 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 ContentWhat have the licensees agreed not to use? I reckon it's not clear at first blush - for instance, what constitutes the &quot;item&quot; beholder, or Book of Vile Darkness, or Red Wizard of Thay or the Heroic Domains of Ysgard? Would publishing a story about an unholy book that blasts the mind of good characters who read it violate the promise not to use the Book of Vile Darkness?What are the &quot;thematic elements&quot; of the Heroic Domains of Ysygard? Would publishing a story about Thor fighting giants violate the promise not to use Ysgard?I don't think it's entirely straightforward.</blockquote>

[QUOTE="pemerton, post: 8926319, member: 42582"] Product identity is defined, both by a notice - there's a long list on the first page of the SRD that begins "“The following items are designated Product Identity” - and by the terms of the contract: [indent]"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[/indent] What have the licensees agreed not to use? I reckon it's not clear at first blush - for instance, what constitutes the "item" [i]beholder[/i], or [i]Book of Vile Darkness[/i], or [i]Red Wizard of Thay[/i] or [i]the Heroic Domains of Ysgard[/i]? Would publishing a story about an unholy book that blasts the mind of good characters who read it violate the promise not to use the Book of Vile Darkness? What are the "thematic elements" of the Heroic Domains of Ysygard? Would publishing a story about Thor fighting giants violate the promise not to use Ysgard? I don't think it's entirely straightforward. [/QUOTE]

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