LazarX
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Usually, the only things in a non-WotC book that aren't open are references to the setting or names of characters.
Not always. It can differ by a case by case basis, but one of the requirements of the OGL is the identification of what is open game content and what is not. If you're going to use material, it's best you check it out for each material you plan on using individually.
| Daeglin |
From Transcendence, pages 2 and 3
"Designation of Product Identity: The following items are hereby designated as Product Identity in accordance with Section 1(e) of the Open Game License, version1.0a: Any and all Malhavoc Press logos and identifying marks and trade dress, such as all Malhavoc Press product and product line names...; any specific characters and places; capitalized names and original names of places, artifacts, characters, races, countries, geographic locations, gods, historic events, and organizations; any and all stories, storylines, histories, plots, thematic elements, and dialogue; and all artwork, symbols, designs, depictions, illustrations, maps, and cartography, likenesses, poses, logos, or graphic designs, except such elements that already appear in final or draft versions of the d20 System Reference Document or as Open Game Content below and are already open by virtue of appearing there. The above Product Identity is not Open Game Content.
Designation of Open Game Content: Subject to the Product Identity designation above, the following portions of Transcendence are designated as Open Game content: the character class and prestige class advancement tables and "Class Features" sections of Chapters One and Two; the feats in Chapters Two and Three in their entirety; the magic items in Chapter Four in their entirety; the "Evolved Caster" class table in Chapter Five; and anything else contained herein which is already Open Game Content by virtue of appearing in the System Resource Document or some other Open Game Content Source."
My opinion: if the ability you wish to use is from a "Class Feature" or a feat, it would appear to be Open Content provided you remove any Product Identity (ie. fluff) from its name and description. To properly reference it, you should determine whether it comes from the SRD originally, or was created in Transcendence.
As an aside, this is the first time I ever noticed that poses can be Product Identity.
*Interesting thoughts ensue based on the Merisiel Bathhouse picture*