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GSL questions for Scott Rouse and Mike Lescault
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<blockquote data-quote="Lizard" data-source="post: 4098107" data-attributes="member: 1054"><p>I think I am being unclear.</p><p></p><p>The GSL *cannot* (unless I am very, very, wrong) cover content released under the OGL, anymore than, say, the OGL could apply to content released under the GPL or the Creative Commons license. A copyright holder consented to place material under the OGL; this doesn't grant another party (WOTC) the right to create an unrelated license which still covers that content. The GSL is not a version of the OGL; if it were, it would be irrelevant, since all versions of the OGL are interchangeable and its more severe restrictions could be ignored. (This is why it's the GSL and not the OGL, and why it's almost three months from the announcement and no actual license yet...)</p><p></p><p>Again, this doesn't prevent a copyright holder from releasing material under the GSL, but this can't apply to material to which they don't own the original copyright OR material derived from such -- such as anything derived from the SRd, *unless* the SRD is also released under the GSL -- something I very much doubt will happen. Most likely, there will be a 'gentleman's agreement' (much like in the early days of the OGL, before the SRd was finalized) which would allow companies to 'upgrade' material derived from the SRD but not to create new, 3x compatible material *under the GSL*. (They could, obviously, keep using the OGL)</p><p></p><p>This really has nothing to do with the content of the GSL or what it says; it has to do with the nature of licenses. As I said before, if WOTC could write a license which somehow covered content released under a *different* license, it would mean I could do so, too.</p><p></p><p>To be more clear:</p><p></p><p>I write a game supplement. I release it under the OGL. The copyright is mine and mine alone; other people can use the material according to the terms of the license *I* chose to release it under.</p><p></p><p>WOTC releases the GSL. I don't like the terms of the GSL; I choose not to release my material under it.</p><p></p><p>There is nothing anyone can do to "re open" my OGL content under the GSL. It is a different license and does not bind me in any way. If anyone attempted to use my content under the GSL, I could sue them and win handily. I cannot imagine *any* structuring of the license which would let it re-license *other people's copyrighted material* under itself[1], and the GSL *cannot* be a "version" of the OGL or the entire exercise becomes moot.</p><p></p><p>Further, if my material derives from any other OGL sources which are not, themselves, released under the GSL -- say I used Jubilex from the TOH -- even if I wished to re-license my material under the GSL, I could not, because it is 'contaminated' with material whose copyrights I do not own, and only THAT copyright holder can release it under the GSL.</p><p></p><p>By deciding to abandon the OGL in favor of a new license, WOTC has created a complicated legal nightmare for anyone seeking to edit or upgrade existing works. If we assume there's some way to still derive from the 3x SRD, that still means products which use OGC from multiple sources are screwed without a lot of explicit permission.</p><p></p><p>[1]Again, I must note that releasing material under the OGL doesn't in any way remove your copyright to it or place it into the public domain; the OGL is a license allowing re-use of copyrighted material under specific terms, it is not a waiver of copyright. I know you know this, but I think other people might be confused.</p></blockquote><p></p>
[QUOTE="Lizard, post: 4098107, member: 1054"] I think I am being unclear. The GSL *cannot* (unless I am very, very, wrong) cover content released under the OGL, anymore than, say, the OGL could apply to content released under the GPL or the Creative Commons license. A copyright holder consented to place material under the OGL; this doesn't grant another party (WOTC) the right to create an unrelated license which still covers that content. The GSL is not a version of the OGL; if it were, it would be irrelevant, since all versions of the OGL are interchangeable and its more severe restrictions could be ignored. (This is why it's the GSL and not the OGL, and why it's almost three months from the announcement and no actual license yet...) Again, this doesn't prevent a copyright holder from releasing material under the GSL, but this can't apply to material to which they don't own the original copyright OR material derived from such -- such as anything derived from the SRd, *unless* the SRD is also released under the GSL -- something I very much doubt will happen. Most likely, there will be a 'gentleman's agreement' (much like in the early days of the OGL, before the SRd was finalized) which would allow companies to 'upgrade' material derived from the SRD but not to create new, 3x compatible material *under the GSL*. (They could, obviously, keep using the OGL) This really has nothing to do with the content of the GSL or what it says; it has to do with the nature of licenses. As I said before, if WOTC could write a license which somehow covered content released under a *different* license, it would mean I could do so, too. To be more clear: I write a game supplement. I release it under the OGL. The copyright is mine and mine alone; other people can use the material according to the terms of the license *I* chose to release it under. WOTC releases the GSL. I don't like the terms of the GSL; I choose not to release my material under it. There is nothing anyone can do to "re open" my OGL content under the GSL. It is a different license and does not bind me in any way. If anyone attempted to use my content under the GSL, I could sue them and win handily. I cannot imagine *any* structuring of the license which would let it re-license *other people's copyrighted material* under itself[1], and the GSL *cannot* be a "version" of the OGL or the entire exercise becomes moot. Further, if my material derives from any other OGL sources which are not, themselves, released under the GSL -- say I used Jubilex from the TOH -- even if I wished to re-license my material under the GSL, I could not, because it is 'contaminated' with material whose copyrights I do not own, and only THAT copyright holder can release it under the GSL. By deciding to abandon the OGL in favor of a new license, WOTC has created a complicated legal nightmare for anyone seeking to edit or upgrade existing works. If we assume there's some way to still derive from the 3x SRD, that still means products which use OGC from multiple sources are screwed without a lot of explicit permission. [1]Again, I must note that releasing material under the OGL doesn't in any way remove your copyright to it or place it into the public domain; the OGL is a license allowing re-use of copyrighted material under specific terms, it is not a waiver of copyright. I know you know this, but I think other people might be confused. [/QUOTE]
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