Goobermunch said:
Because products are produced under certain versions of the OGL. If my product is released under version 1.0a of the OGL, and WotC releases a version 1.0b that says WotC owns the copyright to everything published under the OGL, it doesn't magically transfer my copyright to WotC. I licensed my product for other people to use under the terms of version 1.0a, and those are the terms that govern the use of my property.
Yes, but let's look at those terms, shall we? The OGL 1.0a says:
9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.
So, under the term OGL 1.0a's Section 9, I may use your Open Game Content under
any version of the OGL. You, by licensing your content under the OGL 1.0a, have specifically given me permission to use your content under the terms of any version of the OGL Wizards chooses to write. So I take your OGL 1.0a content, and using the OGL 1.0a's Section 9, I use the content under a hypothetical OGL 1.0b — as the license specifically authorizes me to.
Now, let's imagine that our hypothetical OGL 1.0b says:
9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License. Additionally, you may copy, modify, and distribute any Open Game Content originally distributed under any version of this License under any version of the Game System License published by Wizards or its designated Agents.
Okay, so, we've established that the OGL 1.0a lets me use your Open Game Content under the terms of the OGL 1.0b. I then use it under the GSL, based on the provision of the OGL 1.0b that gives me permission to do that. Your Open Game Content is now in a GSL product. If you complain, I point out that when you licensed it to me under the OGL 1.0a, you specifically gave me permission to use it under the terms of the OGL 1.0b instead, and the OGL 1.0b specifically gave me permission to use it under the terms of the GSL.