pemerton said:
The OGL is a contractual licence. It confers neither rights nor obligations on those who are not a party to it. Likewise for the GSL.
Both the OGL and the GSL imply a strong statement of ownership. Any statement that says, Only if A, then B, implies that you cannot B without A, regardless of whether or not you wish to participate in A.
If you are not a party to the GSL, certainly WotC will not sue you on the basis of the GSL, but you can be certain that this doesn't mean that not agreeing to the GSL gives you the right to publish 4e materials -- on a fan website or anywhere else.
Under the OGL, a fan website could fairly easily comply with the terms of the license, and thus never have to (reasonably) worry about whether or not WotC would take action against it. OTOH, if WotC wants to "close off" older editions of the game (and both the GSL and the changes to 4e, some of which are simple changes to terminology from 3e -- apparently to imply that they are different from material under the OGL) suggests that it is more than reasonable to believe this is so, then the GSL (unlike the OGL) cannot be used to protect EN World.
This is a significant change, and pretending otherwise doesn't make it so. And simply because WotC isn't seeking to do so
at this time doesn't mean it won't seek to do so a week from now, or a month from now, or a year. And because, at that time, the potential for claiming damages will be even higher than it is now, WotC will certainly have an upper hand in making sure that we never hear the full story of why EN World disappeared. It's called "nondisclosure".
I might also remind you that, earlier in the 4e launch cycle, I actually got a response from a WotC rep on this very issue, and the response was not that EN World was protected.
If I get some time next week, I'll try to find the post in my subscriptions, though if anyone wants to Search for it, that would make my life easier.
RC