An Unexpected Victory, Unconditional Surrender, and Unfinished Business.

[Matt Thomason]

"Open Content: Except for material designated as Product Identity, the materials in this book are Open Game Content and may be reproduced in any form without written permission."

That's not in the OGL 1.0(a) license, that looks like it's from the Open Content declaration which publishers write themselves.
If someone put that text in a book, that looks like they've legally granted you a single-line license outside of OGL 1.0(a). Hopefully, they have not included OGC they do not own in that book, because that single-line license cannot grant rights to other people's copyrighted work.

To use content that was released under OGL 1.0(a) (and not providing the option of any additional license - a very tiny minority, such as the work you quoted from, may have that option), you need to use OGL 1.0(a) (or 1.0, as both are "approved") in your work.

 

[Maxperson]

That seems to be about whether WotC has the power to deauthorize 1.0a or not. Not whether folks who want to use 1.0a material can stop using 1.0a to do so.

I thought you were arguing folks didn't need to even include 1.0a anymore to use OGC. Apologies if I misread.

Right. But the entire point of deauthorization was to keep people from using SRD 5.1 and the derivative material. With 5.1 in CC, deauthorization doesn't stop that. And it never stopped OGC material that was fully the third party's. At this point deauthorization doesn't do anything while 5.1 is in CC.

 

[Cadence]

Right. But the entire point of deauthorization was to keep people from using SRD 5.1 and the derivative material. With 5.1 in CC, deauthorization doesn't stop that. And it never stopped OGC material that was fully the third party's. At this point deauthorization doesn't do anything while 5.1 is in CC.

I am all on board with that. It wasn't what I thought you were trying to say before

 

[robconley]

You don't need OGL 1.0a for that. That's why I asked what can be PRODUCED with OGL 1.0a that cannot be produced with 5.1.

Yes you do for anything you want to sue that has been made open content under the OGL 1.0a that is not game mechanics.

 

[Maxperson]

I am all on board with that. It wasn't what I thought you were trying to say before

It's essentially the same thing. If you don't need OGL 1.0a to use SRD 5.1 and derivative material because SRD 5.1 is in CC, and you don't need OGL 1.0a to use OGC that is not SRD 5.1 or derivative of SRD 5.1, AND you always needed permission to use 3PP PI, then you don't need OGL 1.0a to use any 3PP produced over the lifetime of 5e. OGL 1.0a can be deauthorized and it won't change anything as long as SRD 5.1 is in CC.

 

[Matt Thomason]

It's essentially the same thing. If you don't need OGL 1.0a to use SRD 5.1 and derivative material because SRD 5.1 is in CC.

SRD 5.1 being in CC does not put derivative material in CC or make it available in any other way than expressly permitted by the creator of that derivative material.

 

[Cadence]

It's essentially the same thing. If you don't need OGL 1.0a to use SRD 5.1 and derivative material because SRD 5.1 is in CC, and you don't need OGL 1.0a to use OGC that is not SRD 5.1 or derivative of SRD 5.1, AND you always needed permission to use 3PP PI, then you don't need OGL 1.0a to use any 3PP produced over the lifetime of 5e. OGL 1.0a can be deauthorized and it won't change anything as long as SRD 5.1 is in CC.

Now it feels like you changed things again.

You need OGL 1.0a to use any OGC that was released under OGL 1.0a that wasn't also released under another license. (Insert thing on copyrighting game mechanics, so restrict to exact phrasing and/or story elements). If it was released under another license you have to abide by that other license, then.

If person X put out a new game system under OGL 1.0a, then you need to use OGL 1.0a to use those things until they release it under that other license (in which case you have to follow that other license).

If person Y put out a game system based on the 3.5 SRD under OGL 1.0a, then you need to use OGL 1.0a to use those things until Wizards puts 3.5 SRD under, say CC-BY (say), and then person Y follows suit. Then you could pick between OGL 1.0a and CC-BY.

 

[Maxperson]

Yes you do for anything you want to sue that has been made open content under the OGL 1.0a that is not game mechanics.

What part stops you? The OGL 1.0a license itself is not OGC. It says what OGC is. OGL specifies that all of the rest(everything not explicitly excluded) of SRD 5 is open content as described in 1(d). The license terms describe that you are adding OGC as per 1(d) and anything not OGC is PI.

You could never use PI without permission by the 3PP creator. Original OGC is not under the control of WotC. And you can freely use everything else that is OGC from SRD 5.1 or its derivatives while SRD 5.1 is in CC. So again, what is stopping you from using a 5e 3PP product?

 

[Maxperson]

SRD 5.1 being in CC does not put derivative material in CC or make it available in any other way than expressly permitted by the creator of that derivative material.

The license in the product allows it. It follows the terms laid out in OGL 1.0a. That license does not go away if OGL 1.0a is gone. It continues on in the product.

 

[Maxperson]

Now it feels like you changed things again.

You need OGL 1.0a to use any OGC that was released under OGL 1.0a that wasn't also released under another license. (Insert thing on copyrighting game mechanics, so restrict to exact phrasing and/or story elements). If it was released under another license you have to abide by that other license, then.

Every license in a 3PP IS another license. Those licenses use the terms of OGL 1.0a, but are not themselves OGL 1.0a. So if OGL 1.0a goes away, that license continues on with the same terms that you find in WotC's license.