My thoughts on the new OGL v1.2 draft

[Micah Sweet]

IANAL, but to my understanding it's a notice outside of the license with an effective date that is TBD. When the license is published the "de-authorization" goes into effect on the date stated.

Ah. So they say.

 

[darjr]

I posted this else where but we can't really negotiate with WotC on this because we don't have all the information.

WotC needs to let the 3pp under NDA out of their NDA. And they need to release the OGL 1.1 and all associated paperwork.

 

[LordRuyn]

Ah. So they say.

Indeed.

I posted this else where but we can't really negotiate with WotC on this because we don't have all the information.

WotC needs to let the 3pp under NDA out of their NDA. And they need to release the OGL 1.1 and all associated paperwork.

I would very much like to see that happen, but I also very much doubt it will. There's no good will to be gained there and it would be a losing proposition for them.

 

[darjr]

Indeed.

I would very much like to see that happen, but I also very much doubt it will. There's no good will to be gained there and it would be a losing proposition for them.

I don't think so. It would make me think thier mea-culpa might actually be real.

 

[Minigiant]

I posted this else where but we can't really negotiate with WotC on this because we don't have all the information.

WotC needs to let the 3pp under NDA out of their NDA. And they need to release the OGL 1.1 and all associated paperwork.

I don't see the point.

If they were this willing to remove a ton from 1.1 to make 1.2, then 1.2 was an overzealous greedy opening bid.

We shouldn't waste bargaining capital on stuff WOTC no longer cares about. We need to focus their and our eyes on the stuff that matters to WOTC and Hasbro.

 

[pemerton]

Here's the text of the CC-BY, the version that WotC is proposing to use for some of its content: https://creativecommons.org/licenses/by/3.0/legalcode.txt

It's designed to effectively put works irrevocably into the public domain, worldwide. In consideration, you will always get credit as specified. At least, I think that's meant to be the "peppercorn".

I don't know enough IP law to try and work out the legal operation of a licence that puts work into the public domain. But that would already be a significant difference from the OGL, which expressly preserves the contributor's copyright as part of the mechanism whereby it operates.

 

[pemerton]

IANAL, but to my understanding it's a notice outside of the license with an effective date that is TBD. When the license is published the "de-authorization" goes into effect on the date stated.

I think that @Micah Sweet is asking what the legal effect is of the "deauthorisation".

If you don't publish anything under the 1.2, in what way does the de-authorizstion clause apply to you?

My view is that it withdraws WotC's offer to license their SRD to you under the terms set out in the OGL v 1.0a.

 

[Aspirinsmurf]

I don't know enough IP law to try and work out the legal operation of a licence that puts work into the public domain. But that would already be a significant difference from the OGL, which expressly preserves the contributor's copyright as part of the mechanism whereby it operates.

It doesn't actually put the work into public domain. It tries to do a very similar thing through what I believe is a contractual mechanism.

 

[pemerton]

It doesn't actually put the work into public domain. It tries to do a very similar thing through what I believe is a contractual mechanism.

OK, I was just going on your post here:

It's designed to effectively put works irrevocably into the public domain, worldwide.

Having had a quick look at the text that you linked to, I can't immediately see whether it's intended to operate as a contract, or as a conditional gratuitous licence. I don't know what mechanism, if any, precludes retraction.

 

[rcade]

I don't know enough IP law to try and work out the legal operation of a licence that puts work into the public domain. But that would already be a significant difference from the OGL, which expressly preserves the contributor's copyright as part of the mechanism whereby it operates.

Because it's surprisingly difficult to put something into the public domain worldwide, Creative Commons offers a license for that purpose:

Public Domain - Creative Commons

Our licenses help authors keep and manage their copyright on terms they choose. Our public domain tools, on the other hand, enable authors and copyright owners who want to dedicate their works to the worldwide public domain to do so, and facilitate the labeling and discovery of works that are...

creativecommons.org