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Old 20th June 2008, 12:27 AM   #16 (permalink)
Ourph
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Join Date: Jun 2004
Posts: 1,267
Ourph Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by madelf
So they seem to intend that OGL open content should travel freely to a GSL product in the same way it would to another OGL product (although it's a one way trip). Now I don't know if that actually works legally, but that sure looks like what it says.
WotC doesn't have the right to unilaterally alter the conditions and requirements of the OGL as it pertains to Bob's obligations to Ken and his OGC. The only thing that gives Bob the right to use Ken's OGC is the OGL. The OGL requires that Bob include the OGL in any product that uses Ken's OGC. If he is prohibited from including the OGL in his GSL-based product, he no longer has the right to access Ken's OGC. WotC doesn't have any right to change the conditions of the license under which Bob gets to use Ken's property (and OGC remains Ken's property, despite the fact that he agreed to let Bob use it in accordance with the restrictions set forth by the OGL). In fact, section 10.2 makes this very clear...

Quote:
Licensee will obtain all required licenses and permissions for its use of Third Party IP in the Licensed Products.
In this regard, the OGL isn't treated differently than any other license agreement. Since the OGL isn't an option, Bob has to get Ken's specific permission to use his monsters by entering some other license agreement.

Does this make updating OGL products that made extensive use of other people's OGC problematic? Absolutely! But there's nothing anyone can do about it, given the restriction against including the OGL in GSL-based products.

Last edited by Ourph; 20th June 2008 at 12:33 AM..
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