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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="clearstream" data-source="post: 8922703" data-attributes="member: 71699"><p>Taking into account my lack of expertise in law, the question I am focusing on is roughly</p><ol> <li data-xf-list-type="ol">Given I want to create a new work that will use OGC that prior to now has been used in other works</li> <li data-xf-list-type="ol">And the upstream entity - Hasbro - no longer wishes to offer any further licences to content contained in that OGC</li> <li data-xf-list-type="ol">Per 1. the content I wish to derive from exists in the work of some entity other than Hasbro (henceforth Not-H)</li> <li data-xf-list-type="ol">I have some theory that makes it so that Not-H can allow me to use the extant OGC including that which originated with Hasbro</li> </ol><p>This last - 4. - is what I am thinking about. To me - and lacking pertinent legal background - it creates doubts if I picture that Not-H is "sub-licensing" any part of the OGC to me. A "sub-licence" to me is an arrangement that subsists under a licence. So for instance, I look at a contract document bestowing a licence and I see that it (almost always expressly) rules in / out sub-licensing. (This may be where your water/H2O point comes in, as perhaps the labelling makes no difference.)</p><p></p><p>What seems to be pictured is a chain of licences. I am suggesting that each step breaks that chain, and creates a pairing that is not reliant upon the existence of any prior pairing. It is reliant on the contents of OGC, as determined by prior pairings, but those contents being determined there is no further dependency. Nothing that extends up a notional chain, to Hasbro.</p></blockquote><p></p>
[QUOTE="clearstream, post: 8922703, member: 71699"] Taking into account my lack of expertise in law, the question I am focusing on is roughly [LIST=1] [*]Given I want to create a new work that will use OGC that prior to now has been used in other works [*]And the upstream entity - Hasbro - no longer wishes to offer any further licences to content contained in that OGC [*]Per 1. the content I wish to derive from exists in the work of some entity other than Hasbro (henceforth Not-H) [*]I have some theory that makes it so that Not-H can allow me to use the extant OGC including that which originated with Hasbro [/LIST] This last - 4. - is what I am thinking about. To me - and lacking pertinent legal background - it creates doubts if I picture that Not-H is "sub-licensing" any part of the OGC to me. A "sub-licence" to me is an arrangement that subsists under a licence. So for instance, I look at a contract document bestowing a licence and I see that it (almost always expressly) rules in / out sub-licensing. (This may be where your water/H2O point comes in, as perhaps the labelling makes no difference.) What seems to be pictured is a chain of licences. I am suggesting that each step breaks that chain, and creates a pairing that is not reliant upon the existence of any prior pairing. It is reliant on the contents of OGC, as determined by prior pairings, but those contents being determined there is no further dependency. Nothing that extends up a notional chain, to Hasbro. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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