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OGL and ORC; A Marriage made in Heaven?
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<blockquote data-quote="Dausuul" data-source="post: 8902503" data-attributes="member: 58197"><p>Unless Wizards backs off even more, I agree.</p><p></p><p></p><p>That doesn't work. Wizards owns the copyright on the 5E SRD. They have not and presumably will not sign on to the ORC, and the OGL doesn't give you any authority to do so on their behalf. Therefore, anyone sued by Wizards for infringement can't point to the ORC as a defense; Wizards just replies, "We didn't sign that, so we are not bound by it. Pay up."</p><p></p><p>What <em>might</em> work would be to painstakingly rewrite the 5E SRD in your own words, consulting at every step with a lawyer, and then release that under the ORC. However, Wizards could still file suit alleging copyright infringement -- this is America, anyone can sue anybody for anything -- and you would then incur all the legal costs of defending that case, and no lawyer can guarantee that you'd win.</p><p></p><p>All of which leaves you in much the same situation as if you'd simply ignored the "revocation," published your stuff under the OGL 1.0a, and told Wizards to bring it on. (In fact, from what ENWorld's resident lawyers have been saying, it sounds like the OGL 1.0a lawsuit would be a lot quicker and less expensive than a copyright case.)</p></blockquote><p></p>
[QUOTE="Dausuul, post: 8902503, member: 58197"] Unless Wizards backs off even more, I agree. That doesn't work. Wizards owns the copyright on the 5E SRD. They have not and presumably will not sign on to the ORC, and the OGL doesn't give you any authority to do so on their behalf. Therefore, anyone sued by Wizards for infringement can't point to the ORC as a defense; Wizards just replies, "We didn't sign that, so we are not bound by it. Pay up." What [I]might[/I] work would be to painstakingly rewrite the 5E SRD in your own words, consulting at every step with a lawyer, and then release that under the ORC. However, Wizards could still file suit alleging copyright infringement -- this is America, anyone can sue anybody for anything -- and you would then incur all the legal costs of defending that case, and no lawyer can guarantee that you'd win. All of which leaves you in much the same situation as if you'd simply ignored the "revocation," published your stuff under the OGL 1.0a, and told Wizards to bring it on. (In fact, from what ENWorld's resident lawyers have been saying, it sounds like the OGL 1.0a lawsuit would be a lot quicker and less expensive than a copyright case.) [/QUOTE]
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